- Unless stipulated otherwise in writing, the business relationship between TIGER Coatings Switzerland AG (hereinafter “TIGER Coatings”) and the Customer (as defined in section 1.3), especially with regard to the preparation of offers, the entry into purchase contracts, and the delivery of products by TIGER Coatings, is governed exclusively by the following terms of delivery and payment (hereinafter: [STCs]), as well as any warranty terms of TIGER Coatings applicable to the ordered product, which are available in the download section at www.tiger-coatings.com in each case as last amended at the time of the order. By ordering goods, the CUSTOMER accepts the following STCs and the warranty terms applicable to the ordered product.
Deviating standard terms and conditions and/or other deviating stipulations of the CUSTOMER are not recognized unless TIGER Coatings expressly contents to their applicability in writing.
- In the case of orders by the CUSTOMER in the TIGER Online Store of TIGER Coatings (www.tiger-coatings.com/shop hereinafter “TIGER Online Store”), the provisions of clause 16 apply in addition to the STCs.
- The goods and services offered by TIGER Coatings, including in the TIGER Online Store, are aimed exclusively at commercial enterprises within the meaning of Art. 934 (1) OR [Swiss Code of Obligations] (hereinafter CUSTOMERS). There are no sales to consumers. By placing its order, the CUSTOMER affirms to TIGER Coatings that it is a commercial enterprise.
- Offers, Orders:
Offers prepared by TIGER Coatings are nonbinding, in particular with respect to prices, volumes, delivery times, and general deliverability. The CUSTOMER’s order constitutes a binding offer. The CUSTOMER is bound by the offer until TIGER Coatings accepts or rejects the offer. TIGER Coatings will confirm in writing its receipt of an order. The written form requirement may be satisfied by email. Confirmation of receipt does not constitute binding acceptance of the order. Lack of response to the CUSTOMER’s order does not constitute acceptance. Contracts enter into force only through actual delivery.
- CUSTOMER’s disclosure obligation:
If the CUSTOMER intends to use products ordered from TIGER Coatings in any of the following areas of application:
d) wind energy;
e) rail vehicles in general;
f) any kind of cable transportation;
g) power plants;
h) motorized watercraft;
then the CUSTOMER must disclose this to TIGER Coatings in writing
- in the case of special production orders, in good time prior to production of the first sample by TIGER Coatings;
- in the case of standard products, no later than at the time when the product is ordered.
In addition, the CUSTOMER must disclose to TIGER Coatings at the aforementioned times (in good time prior to production of the first sample in the case of special production orders and no later than at the time when the product is ordered in the case of standard products) whether the products are intended to be used on articles that by their nature are intended for private use or consumption (Article 1 (1) (b) PrHG [Swiss Product Liability Act]).
- Delivery, Delivery Times:
Deliveries are made EXW Austrian warehouse or EXW Swiss warehouse at the option of TIGER Coatings (Incoterms as in force upon receipt of the order).
The TIGER Coatings delivery dates are indicated on the basis of many years of experience and are nonbinding. No liability is assumed for nonobservance. TIGER Coatings specifies the delivery date. If TIGER Coatings is shipping the products, costs of transportation are borne by the CUSTOMER. The choice of means and route of transportation is at the discretion of TIGER Coatings.
The CUSTOMER must pick up the products on the specified delivery date or, if no firm delivery date was specified, without delay following notice that they are ready at the place of performance. If the CUSTOMER is delayed in accepting the products, TIGER Coatings is entitled, at its own option, to ship the products at the CUSTOMER’s expense or to store them – even outdoors, if there is no alternative. In that case, TIGER Coatings bears no liability for any destruction, loss, or damage to the products.
Risk is transferred at the time when the item is turned over to the shipper or, in the case of items being picked up, at the time at which the CUSTOMER is notified that the item is ready to be picked up.
- Loaned Packaging:
Only packaging expressly marked as loaned packaging will be taken back by TIGER Coatings. The CUSTOMER must return any such loaned packaging to TIGER Coatings within three months of receipt, at the CUSTOMER’s own expense, in flawless condition requiring no repairs. No credit is granted if the packaging is returned after the specified deadline. The CUSTOMER bears responsibility for damage to loaned packaging.
- Reservation of Ownership, Assignment:
The reservation of ownership is governed by the laws of Switzerland, to the exclusion of provisions of the conflict of laws.
TIGER Coatings retains ownership of the delivered products until the CUSTOMER has fulfilled all obligations in full. Until such time, TIGER Coatings is entitled to enter the reservation of ownership pursuant to Art. 715 ZGB [Swiss Civil Code] in the reservation of ownership register at the CUSTOMER’s respective registered office. The CUSTOMER authorizes TIGER Coatings to have the reservation of ownership entered without its participation.
Should the reservation of ownership not be valid under the law of the country in which the delivered item is situated, the CUSTOMER must, upon demand by TIGER Coatings, provide equivalent security. If it does not comply with such demand, TIGER Coatings may, in disregard of the agreed payment targets, demand immediate payment of all outstanding invoices.
Upon demand by TIGER Coatings, the CUSTOMER must disclose all required information concerning the state of the products under the ownership of TIGER Coatings and concerning the claims assigned to it.
- Payment Terms, Default:
Payment by the CUSTOMER must be made in the invoiced currency (CHF) as follows:
a) within 8 days of the invoice date, with a 2% discount; or
b) within 30 days of the invoice date, net cash.
Contract fillings must be paid net cash upon receipt of the invoice.
If bills of exchange are accepted, the bank discount and collection fees must be borne by the CUSTOMER. Such fees are payable in cash immediately.
Payment is considered timely if TIGER Coatings can dispose of the money on the due date in the indicated account.
In the case of late payment, default interest of 0.5% monthly is charged. Any dunning, collection, debt enforcement fees, costs of obtaining a court order dismissing debtor’s objections, and reasonable legal costs must be borne by the CUSTOMER. If the CUSTOMER defaults on payment for one or more deliveries, TIGER Coatings is entitled to suspend further deliveries until payment has been made or to withdraw from contracts in force with the CUSTOMER without granting a grace period. Notices of defects and the like do not release the CUSTOMER from the obligation to comply with the above payment terms.
Any nonpayment of due invoices or other circumstances that suggest a material worsening of the CUSTOMER’s financial situation after the entry into contract entitle TIGER Coatings to declare all claims based on the same legal relationship immediately due and payable.
TIGER Coatings reserves the right, individually per customer, to establish a credit limit or to make deliveries dependent on an advance payment.
- Warranty, Damages:
The provisions of the TIGER Coatings warranty terms applicable to the ordered product, which are available in the download section at www.tiger-coatings.com and are provided to the CUSTOMER upon request, take precedence.
TIGER Coatings disclaims any warranty unless the defects subject to warranty were concealed by TIGER Coatings fraudulently or due to gross negligence. All warranty claims become time-barred 6 months after receipt of the products.
It is the CUSTOMER’s responsibility to check the delivered products for their suitability for the intended use prior to using them. TIGER Coatings assumes no warranty for the products’ suitability for a specific use or for the quality of the coatings, etc., produced with them.
The TIGER Coatings warranty is generally limited, at its option, to a reasonable reduction of compensation, exchange, or return of the defective products. In the case of sales by samples, minor variations in quality, color, and effect are permissible, and in the case of sales by color and effect cards, greater variations of that kind are permissible.
Complaints as to volume and weight of the products must be made by the CUSTOMER immediately upon receipt of the products. If not, any and all claims are forfeited. TIGER Coatings is obliged to perform under warranty if the delivered volume/weight differs substantially from the agreed volume/weight.
Notices of defects concerning the condition of the products must be presented in writing or by email prior to the processing or mixing of the products, thereby stating the nature and extent, and must be received by TIGER Coatings no later than 7 days after receipt of the products, barring which the defective products are considered approved. Hidden defects must be identified in writing, thereby stating the nature and extent of the defect, no later than 7 days after their discovery. The costs of inspection and of the notice of defects are borne by the CUSTOMER.
An additional guarantee for the items delivered by TIGER Coatings exists only if expressly granted in writing for the respective article.
- Liability for Damage
a) TIGER Coatings is not liable for its own acts and omissions due to simple negligence.
b) TIGER Coatings is not liable for acts and omissions attributable to auxiliaries.
c) Mandatory provisions of law relating to liability are reserved.
d) TIGER Coatings is not liable for
- any kind of damage and detriment attributable to the products having been subjected to any procedure, process, or treatment, unless that has been recommended by TIGER Coatings in writing;
- products that have undergone any form of further processing by the CUSTOMER or that were damaged only after the transfer of risk to the CUSTOMER;
- damage resulting from use of the products in applications or in connection with safety-relevant elements within the meaning of section 3. above, if the CUSTOMER has not complied with its disclosure obligation pursuant to section 3. above in a timely manner.
- breaches of duty in contract negotiations, positive breaches of obligation, breaches of duty under subsidiary contracts, indirect damage, or consequential damage.
- The liability of TIGER Coatings and its auxiliaries for defects and/or damage of any kind is, to the extent permitted by law, limited to the purchase price paid by the CUSTOMER for the respective defective product, the product giving rise to the claim, and/or the product causing the damage and is limited to CHF 5,000 per claim.
- Products may be returned to TIGER Coatings only with the approval of TIGER Coatings. If notice is given of a defect or any other claim is asserted with regard to actually or allegedly defective products, TIGER Coatings is entitled to suspend further deliveries of the products until the entitlement to the asserted claims has been definitively established, whereby in such a case the delivery dates are postponed accordingly.
- Withholding, Offsetting:
The CUSTOMER is not entitled to withhold payments for delivered products for any reason or to set its own payment obligations off against any claims that it has against TIGER Coatings.
- Assignment of Rights and Obligations:
Subject to any contrary arrangements agreed to with the CUSTOMER, TIGER Coatings is entitled to transfer rights and obligations arising from the contracts with the CUSTOMER to third parties with prior notification of the CUSTOMER. The CUSTOMER is not entitled to transfer rights and obligations arising from the contracts with TIGER Coatings to third parties without the prior written consent of TIGER Coatings.
- Pledges, Advice:
Oral pledges of any kind become effective only upon confirmation in written form (including electronic transmission) by TIGER Coatings.
Advice on technical applications provided by TIGER Coatings, either orally or in writing, is given to the best of its knowledge. However, this cannot replace the inspection of the products to be conducted by the CUSTOMER, especially with respect to their suitability for a specific use, and thus such advice implies no commitment or liability.
- Force majeure:
TIGER Coatings assumes no liability if the performance owed by TIGER Coatings is made impossible in whole or in part or is delayed as a result of governmental restrictions, war, insurrection, labor disputes, fire, natural phenomena, energy or raw material shortages, epidemics or pandemics, etc. In such a case, TIGER Coatings is entitled to withdraw from the contract in whole or in part without giving notice.
- Governing Law, Venue:
All contracts entered into with TIGER Coatings are governed by the substantive laws of Switzerland. The applicability of the UN Sales Convention is expressly excluded. All disputes relating to claims arising from or in connection with a contract between TIGER Coatings and the CUSTOMER are decided exclusively by the courts in Buchs, Aargau Canton, Switzerland. TIGER Coatings is also entitled to have recourse to the courts at the CUSTOMER’s registered office.
Should individual provisions of the STCs be or become void, ineffective, or unenforceable, the parties are obliged to replace them with a provision coming closest to the economic purpose of the void provision. In particular, ineffective or unenforceable provisions of these STCs are not to be annulled, but instead are to be reduced to the extent permitted by law. Should individual provisions of these STCs prove to be or become ineffective or unenforceable, that does not affect the effectiveness of the other provisions.
- Privacy Information:
The following privacy information is an overview of how the CUSTOMER’s personal data are processed in the course of the TIGER Coatings business operations. Full information and the extended rights can be found in the privacy statement at www.tiger-coatings.com/datenschutz. That statement is also available from TIGER Coatings in paper form. In the event of discrepancies between a privacy statement in paper form and the privacy statement at www.tiger-coatings.com/datenschutz, the privacy statement currently available online takes precedence.
TIGER Coatings is responsible for the following processing activities. TIGER Coatings processes, among other things, name, address, mailing address, email address, telephone number, and other contact data of the respective CUSTOMER as disclosed by the CUSTOMER in the course of its relationship with TIGER Coatings, be it via the website www.tiger-coatings.com or in some other way. TIGER Coatings also processes the date and time of visits to the website www.tiger-coatings.com, the IP address used by the respective user, his browser and operating system, the pages visited within www.tiger-coatings.com, and the referring page, name, and URL of the accessed files and data, and it uses image processing for purposes of property and facility protection.
TIGER Coatings uses, among other things, cookies, analytical services, contracts, and users’ own input to collect personal data. Among the reasons for processing your data are performance of the contractual relationship, ensuring comfortable use of and a smooth connection to the website, transmission of a newsletter, making contact, appropriate organization and ongoing optimization of the website, advertising purposes, transmission to third parties, and the use of technical systems for image processing for purposes of property and facility protection.
Personal data are transmitted only within Switzerland and to countries that ensure at least a comparable degree of data protection, to affiliated companies, or to companies engaged by TIGER Coatings and committed to compliance with statutory data protection provisions, for the purpose of performing the contractual relationship with the customer and for credit checks. If so required, data are also disclosed to the entities responsible for legal prosecution in connection with tax and business audits and for purposes of defending against legal claims. Data are stored by TIGER Coatings in personal form at least until the end of the business relationship or until the expiry of applicable guarantee, warranty, or limitation periods; also until the end of any legal disputes in which the data are needed as evidence, or at least for as long as is required by the storage obligations prescribed by law.
Affected persons have the right at any time to disclosure, erasure, rectification, objection, and withdrawal. Questions in this regard should be directed to the contact for privacy matters at TIGER Coatings at the email address email@example.com.
- TIGER Online Store (www.tiger-coatings.com/shop):
- Our STCs also apply to transactions done via the TIGER Online Store. Such transactions are also subject to the provisions of clause 16; should the provisions of clauses 1. through 15. contradict the provisions of clause 16. “TIGER Online Store,” then the latter provisions take precedence.
- The TIGER Online Store offerings are directed exclusively at commercial enterprises, not at consumers. Use of the TIGER Online Store requires registration. Further information is available in the TIGER Online Store or from customer service. Once registered, the CUSTOMER may place binding orders in the TIGER Online Store. The CUSTOMER must ensure that the data entered in the TIGER Online Store are correct and that the access data are used only by persons authorized to placing binding orders for the CUSTOMER.
- Formation of contract:
The products depicted and the information provided by TIGER Coatings in the TIGER Online Store do not constitute an offer in the legal sense, but are instead a nonbinding invitation to the CUSTOMER to make an offer.
In the TIGER Online Store, the CUSTOMER may choose from the TIGER Coatings range of products and collect them in, or remove them from, a virtual shopping cart using the “add to cart” button. Only upon sending the order using the “order with obligation to pay” button does the CUSTOMER place a binding offer to purchase the items in the shopping cart. Before submitting the order, the CUSTOMER will check the accuracy of its order by examining and making any changes in the information before submitting the order, at which point it can also terminate the order.
After the CUSTOMER has completed the order process, the CUSTOMER receives confirmation of receipt of the order in the form of an automatically generated email. This confirmation documents only receipt of the CUSTOMER’s order by TIGER Coatings and does not constitute acceptance of the CUSTOMER’s order by TIGER Coatings.
TIGER Coatings may accept the order placed by the CUSTOMER using the TIGER Online Store within a reasonable period. TIGER Coatings reserves the right to reject offers by the CUSTOMER without giving a reason.
The CUSTOMER’s purchase offer is accepted, and thus the contract is formed, only upon issuance of the acceptance statement by TIGER Coatings, which is sent separately, at a time no later than with the information on shipment of the item.
- Item Availability, Product Descriptions, and Product Depiction:
The availability of the products as indicated in the TIGER Online Store is based on experience and is not binding. The information on the products in the TIGER Online Store is nonbinding. All information is subject to changes and errors.
Should it prove to be the case during the processing of the CUSTOMER’s order that the product ordered by the CUSTOMER is no longer available in a sufficient quantity, TIGER Coatings will inform the CUSTOMER of this.
The depiction of the products in the TIGER Online Store and on printouts from it, especially with regard to color, brightness, contrast, and product effects, is not binding, since that can vary depending on the output device used (monitor, printer, etc.). TIGER Coatings assumes no liability for such deviations from the actual product properties. TIGER Coatings offers true-color samples, which can requested from customer service.
- Prices, Shipping and Other Costs:
The prices given in the TIGER Online Store are TIGER Coatings list prices or – where applicable – special prices stored in the system for the respective CUSTOMER. All indicated prices are net, and thus exclusive of value-added tax or other statutory taxes, fees, and charges.
In addition to the list prices or special prices, the CUSTOMER must bear the following costs:
- Shipping costs: Transportation or shipping is at the CUSTOMER’s expense. Choice of the means and route of transportation and of the amount of costs is at the discretion of TIGER Coatings.
- Tolls: This surcharge varies depending on country or postal code of the delivery address provided by the CUSTOMER.
The indicated cost types are identified separately in the TIGER Online Store alongside the list prices – to the extent that they are charged in whole or in part – under “Charges”.
Partial deliveries that are reasonable for the CUSTOMER are permitted.
- Order Optimization:
Combination options presented by TIGER Coatings in the TIGER Online Store (“Order Optimization”) are not offers in the legal sense, but rather order suggestions automatically generated based on the order volume. The CUSTOMER has the option of accepting these suggestions but is not required to do so. The CUSTOMER may terminate the order at any time if it does not wish to accept any of the presented order suggestions.
- Special Terms:
Special terms validly agreed to between TIGER Coatings and the CUSTOMER are not identified in the TIGER Online Store. Unless TIGER Coatings informs the CUSTOMER otherwise, TIGER Coatings will perform any contract in accordance with the applicable special terms.
- Delivery of TIGER Online Store Orders:
Delivery is made exclusively within Switzerland.
The delivery is made to the delivery address indicated by the CUSTOMER. If the CUSTOMER has indicated a wrong, incomplete, or unclear delivery address, then it bears all ensuing costs and holds TIGER Coatings harmless from any resulting detriment.
In the event of discrepancies between the German version of the STCs and the English version of the STCs, the German version is exclusively authoritative.