In case the Client defaults on the payment for goods or services for whatever reason or becomes insolvent, all payments shall be, regardless any payment terms to the contrary, due for immediate payment and may be cashed in by Blaser without delay. In addition, without any obligation to prior notification of the Client, Blaser shall be entitled to suspend its performance or to rescind the contract with immediate effect. Blaser’s right to claim damages is expressly reserved. Also, Blaser shall be entitled to immediately rescind all orders which have been confirmed to the Client.
In case of notified breaches of the duty of care or defects, Blaser shall repair and remedy such defects of its Deliverables. Blaser may, at its own discretion and with the effect of being released from any further obligation, replace goods instead of remedying defects.
There shall be no further remedies or claims against Blaser. In particular, the Client has no right to rescind the contract, ask for reduction of price or any compensation, such as compensation for any special, actual, consequential, incidental or indirect damages, or any loss of profit, revenue or data based upon Blaser’s non-performance or breach of any of its obligations, whether based in contract, tort, or otherwise, even if Blaser has been advised of the possibility of such potential loss or damage. The mandatory regulations of the Swiss Product Liability Law and other acts are reserved.
Oral indications of our personnel shall not be deemed to constitute representations or express warranties of Blaser relating to the specific use of Deliverables and shall in no event be binding upon Blaser. Blaser shall not be liable for damages resulting from violation of operating instructions set forth by Blaser or due to improper implementation of the services results.
Exclusive place of performance shall be Hasle-Rüegsau / Switzerland. Exclusive place of juris-diction for all proceedings between the parties shall be Hasle-Rüegsau / Switzerland.
All legal relationships between the Client and Blaser shall be subject to the substantive laws of Switzerland. The United Nations Convention on Contracts for the International Sale of Goods of 11 April, 1980 (CISG) shall not apply.
Modifications or amendments to the General Terms and Conditions shall be binding only in written form.
Blaser Swisslube AG, Hasle-Rüegsau, February 1, 2006