General Terms and Conditions of Sale and Service

1 Applicability
1.1 These general terms and conditions of sale and service shall apply to all business, including any future business between the customer and Ohaus Europe GmbH («Ohaus»).
1.2 Differing or additional stipulations or conditions, in particular the general terms of purchase of customers, apply only if agreed by Ohaus expressly and in writing.
   
2 Offer and Conclusion of Contract
2.1 Ohaus' quotations are non-binding until a definitive order confirmation has been issued by Ohaus.
2.2 Orders may be placed either by fax, e-mail or via the Ohaus Partner Shop.
2.3 Orders placed by the customer are binding upon issuance by Ohaus of a definitive order confirmation.
2.4 Undelivered parts of any order may be canceled by the customer only with the prior written approval of Ohaus. In such case an order cancellation fee will be charged.
3 Documents and Drawings
3.1 Information in technical documents, brochures, catalogues, on our website or otherwise provided by Ohaus to the customer is only binding for Ohaus if this is expressly stated.
3.2 The customer and Ohaus retain all rights in drawings and technical documents made available by the one to the other. The receiving party acknowledges these rights and without the prior written authorization of the other party will not make the documents accessible wholly or in part to third parties, or use them for any purpose other than that for which they were received.
4 Reservation of Ownership
  Ohaus retains ownership of all deliveries until it has received in full the payments as contracted. The customer authorizes Ohaus upon conclusion of the contract to have the reservation of ownership recorded in the official register and to complete all formalities in this regard.
5 Prices and Terms of Payment
5.1 Unless otherwise indicated Ohaus' prices shall be quoted net DDP (as defined in the Incoterms 2010) including standard packaging, standard accessories and standard delivery. If the customer requests express delivery a surcharge will be added, which will depend on the weight of the parcel and can be provided on customer's individual request. Express delivery prices shall be quoted net DAP (as defined in the Incoterms 2010). Ohaus' prices do not include VAT.
5.2 If the purchase order value is below a minimum amount an additional handling fee will be charged. The current minimum amounts and handling fees are shown on the Ohaus Partner Shop and will be made available to the customer upon request.
5.3 Unless otherwise agreed, the terms of payment are 30 days from the date of invoice. Payments are to be made by cheque or by bank transfer to the bank indicated on the invoice without any deduction for discounts, expenses, taxes or fees of any kind, in accordance with the agreed terms of payment. Bank charges are borne by the customer. In case of payment by cheque a 3% surcharge will be levied.
5.4 If the customer does not observe the terms of payment he shall, on expiry of the payment deadline and without further notice being required, pay late payment interest at a rate 4% above the Swiss National Bank's prime lending rate (Diskontsatz) applicable at that time. Customer shall reimburse all collection charges, legal fees and court costs incurred by Ohaus in securing payment. The right to recovery of other expenses and damages is reserved. Ohaus is not obliged to make any further deliveries under any running contract with the customer until payment of any invoiced amount due, including late payment interest thereon, has been received in full.
6 Terms of Delivery
6.1 Unless otherwise stated delivery terms and delivery dates are not binding.
6.2 The terms of delivery begin as soon as the order has been confirmed, all administrative formalities such as import and payment permits have been completed, and all essential technical matters have been resolved.
6.3 The terms of delivery l be duly extended, whereupon the customer has no claim to compensation or to annulment of the contract on grounds of late delivery:
a) if the information necessary for executing the order is not received in good time by Ohaus or is subsequently altered by the customer, thus causing a delay in delivery; if the information necessary for executing the order is not received in good time by Ohaus or is subsequently altered by the customer, thus causing a delay in delivery
b) if hindrances arise which are beyond the influence of Ohaus, such as war, riot, serious disruption of production, accidents, labour disputes, delayed or deficient delivery of essential raw materials, semi-finished or finished products, administrative measures, or acts of God. Ohaus undertakes to notify the customer immediately of the occurrence of such hindrances.
7 Inspection and Acceptance of Delivery
7.1 Subject to the warranties expressly stated in section 10.1 below, all sales are final without right of return.
7.2 The customer must inspect the delivered goods immediately upon receipt, and inform Ohaus at once in writing of any defects.
8 Transfer of Benefit and Risk
  The transfer of Benefit and Risk will take place according to the delivery terms.
9 Warranty
9.1 Ohaus undertakes, at its discretion and on the customer's written request within the warranty period, to repair or replace as quickly as possible any parts which are defective or unusable as a result of poor materials or workmanship. Replaced parts become the property of Ohaus.
9.2 The warranty period expires within 24 months after delivery of the equipment to the customer, except Food Machinery products - 12 months warranty. Notwithstanding this, the warranty period for rechargeable batteries and for replacement parts ordered by the customer is six months from delivery. Repairs do not constitute an interruption of the original warranty period. The warranty period for replacement parts installed by Ohaus under the warranty expires with the warranty period of the whole equipment.
9.3 Ohaus warrants that software developed by it will perform substantially the functions described in the software documentation, when properly installed. Ohaus does not warrant that the software is error-free, that the customer will be able to operate the software without interruption, or that the software will be free of vulnerability to intrusion or attack. The warranty period will be the same as the warranty period for the Ohaus equipment within which the software is embedded. If the software is not embedded within Ohaus equipment, the terms and conditions of the respective end user license agreement shall apply. If no end user license agreement is applicable, the warranty period will be 90 days from the date of purchase by the customer.
9.4 Excluded from the warranty are: accessories, consumables, perishables and wear parts (such as e.g. electrodes, buffers etc.), instances of damage due to normal wear and tear, improper maintenance, disregard of operating instructions, unsuitable operating supplies, chemical or electrolytic influences, faulty construction or installation work not carried out by Ohaus, or to other causes for which Ohaus cannot be held responsible.
9.5 The warranty is forfeited if the customer or third parties alter or repair the delivered goods without the written consent of Ohaus, or if the customer does not immediately take all measures necessary to contain the damage so that Ohaus can remedy the defect.
9.6 Ohaus assumes warranty for products from other suppliers only to the extent of the terms of warranty granted by such other supplier.
9.7 Ohaus does not warrant the calibration of any scale or balance. Ohaus does however warrant the scales and balances manufactured by it to be capable of being adjusted to meet Ohaus’ printed specifications, if any, for weighing accuracy as to the particular model/type scale for the period of warranty above stated when properly installed, calibrated and operated.
9.8 For repair services outside the warranty period (including but not limited to Fixed-price Repair Services as set forth in section 11) Ohaus undertakes as quickly as possible to repair or replace, at their discretion, any parts repaired or replaced during repair work and which, within six months of the date of repair, have again demonstrably become defective or unusable as a result of poor materials or workmanship. Replaced parts become the property of Ohaus. In any case, the obligation of Ohaus is limited to repair free of charge. Ohaus will not be liable for damage in transit, when the goods are being sent to Ohaus or returned to the customer.
9.9 Ohaus does not provide warranty services to end users, and does not interact with such end users, except upon customer's explicit request. In that case, Ohaus acts on behalf of and at the cost of customer only and does not enter into a direct relationship with the end user.
10 Exclusion of Further Liability
  Claims by the customer are limited to those contained in these General Terms and Conditions of Sale and Service. Any claims for damages, abatement, annulment of the contract or withdrawal from the contract, other than those expressly stated, are excluded. In the event of loss or damage to data bearing material, or if data are lost owing to defects in software or hardware or for any other reason, the costs of restoring the lost data will be borne by the customer. The customer may in no circumstances make claims for damages not incurred by the goods supplied themselves, such as in particular: loss of production, deprival of use, loss of orders, forfeiture of profit and any other direct or indirect damage. This exclusion of liability does not apply to unlawful intent or gross negligence on the part of Ohaus, but does apply to unlawful intent or gross negligence by auxiliary persons. The mandatory provisions of the Swiss product liability act remain unaffected.
11 Fixed-Price Repair Services
11.1 After the warranty period has elapsed, Ohaus offers to repair certain Ohaus scales/balances listed in the online "e-service" (referred to in this section as "appliance" or "appliances") at a fixed price.
11.2 The Fixed-price Repair Service is only available for appliances which are complete, which exhibit no rust in critical places, which in the judgement of Ohaus are technically in a repairable condition, and on which, in Ohaus' opinion, the degree of damage or defect appears to make a repair sensible. Ohaus reserves the right to reject orders for repairs, without giving reasons.
11.3 Procedure
11.3.1 When the customer wishes to proceed the Fixed-price Repair Service, he must fill in a repair form on the Ohaus Partner Shop. Collection of the appliance is organised by Ohaus. Both for collection and return, Ohaus reserves the right to specify the freight company and the method of despatch.
11.3.2 The customer will be obliged to clean the appliance externally before despatch and, if necessary, to decontaminate it and pack it properly.
11.3.3 The appliance is checked at the Ohaus Repair Centre and, if possible, repaired. For every appliance repaired, the customer will receive a repair certificate giving details of repeatability, linearity, corner load and functional inspection. Ohaus endeavours to meet a completion time of five working days for the repair (excluding despatch).
11.3.4 Ohaus is expressly entitled, but not obliged, to return a reconditioned or new appliance of the same type instead of the appliance received, and to retain the appliance sent in. Ohaus will in this case become the owner of the retained appliance.
11.3.5 If the appliance sent in by a customer is an appliance which, in accordance with section 11.2, is irreparable or not worth repairing, Ohaus will inform the customer. The customer shall decide whether the appliance should be disposed of by Ohaus or to have it returned (cf. section 11.4.3).
11.4 Remuneration
11.4.1 The fixed price applied is determined on the basis of the particular appliance and can be obtained from the price list on the Ohaus Partner Shop or made available to the customer upon request. The fixed price does not depend on the defect. If the appliance sent in differs from the customer's repair request, the appliance actually sent in will govern the level of remuneration. The price to the customer is understood as being a net price and is not subject to discount. The customer is, however, at liberty to pass on an amended price to the end-user.
11.4.2 Freight costs are included in the fixed price. Additional costs attributable to a departure from the procedure set forth in section 11.3 on the part of the customer will be charged to the customer.
11.4.3 The cost of disposal of appliances which are irreparable or not worth repairing is as set forth on the Ohaus Partner Shop. Should the customer insist on the return of such appliances, he must pay the return freight charge, plus a lump-sum handling fee per appliance as set forth on the Ohaus Partner Shop. A repair report can be subsequently provided for the customer for a fee as set forth on the Ohaus Partner Shop. Information on all applicable fees and costs shall be made available to the customer upon request.
12 Obligations of the Customer
12.1 The customer draws the attention of Ohaus to any local, statutory, administrative and operational safety and other regulations relating to delivery, installation, calibration, operation or certification of scales and balances. The customer informs Ohaus of any complaints or adverse incidents related to the goods and shall promptly comply with all directions of Ohaus regarding the investigation or handling of the matter.
12.2 The customer shall be responsible for the correct installation, calibration and operation of the goods in compliance with all applicable laws and regulations at the place of destination at its own costs. If permitted by law, the customer may transfer such responsibility to the end user in a written agreement by virtue of which the end user knowingly accepts his responsibility for the correct installation, calibration and operation of the goods in compliance with all applicable laws and regulations at the place of destination.
The customer shall inform the end user about any actions to be undertaken or requirements to be fulfilled for the correct installation, calibration and operation of the goods in compliance with all applicable laws and regulations at the place of destination (such as e.g. calibration/recalibration of the goods by the competent calibration authorities for use in a legally regulated field).
If permitted by law, the customer may transfer the responsibility to the end user in agreement by virtue of which the end user knowingly accepts to assume the responsibility for informing himself about all actions to be undertaken or requirements to be fulfilled for the correct installation, calibration and operation of the goods in compliance with all applicable laws and regulations at the place of destination.
In no event shall Ohaus be responsible for the correct installation, calibration or operation of the goods by the customer or end user or bear any costs related thereto.
12.3 Customer shall ensure that any information or documentation is provided to the end user as may be instructed by Ohaus from time to time. Such information shall be provided by Ohaus in English and such other languages as decided by Ohaus in its discretion. Ohaus shall have no obligation to provide any information or documentation in language other than English. The customer shall translate the information or documentation provided to him correctly and in full into any other language/s as legally required at its own cost and expenses.
12.4 Ohaus shall be entitled to retrace or recall goods, or undertake corrective measures to the goods as it deems necessary. The customer must retain all required documents and information in order to ensure that any product sold by customer to a third party can be retraced during a period of 10 years or such longer period provided by law. The customer shall actively support Ohaus in its efforts by retracing or recalling such goods, or implement such corrective measures to the goods, as specified by Ohaus.
12.5 In case of re-exports the customer shall be solely responsible for compliance with pertinent export control regulations.
12.6 In case the customer imports the products into the European Community, the customer understands and agrees that it shall be deemed the «producer» of such products under any laws, regulations or other statutory scheme providing for the marking, collection, recycling and/or disposal of electric and electronic equipment (collectively «WEEE Regulations») and shall be solely responsible for complying with such applicable WEEE Regulations, unless otherwise agreed to by Ohaus in writing.
12.7 Customer shall buy and sell in your own name and for your own risk and account. Customer shall have no authority to bind Ohaus in any way and customer agrees that there is no agency relationship between customer and Ohaus.
12.8 Customer shall comply with Ohaus’ Business Partner Code of Conduct set out on under www.ohaus.com\dealerzone.
12.9 Ohaus may reserve the sale of certain products or product categories to such customers that fulfill the criteria as defined by it, such as e.g. disposing of a certified quality system or fulfilling certain quality requirements; being able and/or authorized to carry out certain activities or services (such as calibration, installation or repair services); having completed certain trainings as determined by Ohaus; disposing of certain measuring or test equipment and having such equipment reviewed from time to time; being subject to audits etc. If such is the case, the customer must fulfill all such criteria at its own costs. Ohaus may require confirmation or documentary evidence thereof at all times.
12.10 Customer shall ensure adequate storage and transportation in view of the specifics and safety of the goods.
12.11 Customer shall maintain adequate and customary insurance coverage, including product liability insurance, with generally acceptable underwriters.
12.12 The customer shall be liable for and shall indemnify Ohaus and its affiliates against any claims, actions, liabilities, losses, damages, costs and expenses incurred by Ohaus as a result of the customer not complying with its obligations under this section 12 and it's data protection obligations under section 13.
12.13 Ohaus shall have the right to audit and inspect customer’s relevant business records and facilities regarding compliance with its obligations under this Agreement.
13 Use of Data and Data Protection
13.1 The customer agrees Ohaus is entitled to use, process, and store, and allow a third party to use, process, and store on behalf of Ohaus, any data Ohaus obtains under this contract, in accordance with relevant laws. In the framework of our relationships, Ohaus may process limited personal data of some of the customer's employees or contractors which Ohaus uses in order to respond to the customer's enquiries or requests, and to execute contracts with the customer (e.g. to process & execute orders, process payments, arrange shipments and deliveries, and to provide repairs and support services). Ohaus will use the contact details obtained from the customer in the context of his purchase of a product or a service for direct marketing of similar products or services. The customer may at any time request not to receive marketing communications by contacting SSC@Ohaus.com. For more information please see Ohaus Privacy Policy at www.ohaus.com/privacy.
13.2 Ohaus may provide certain services to the customer in the framework of which the parties may share certain personal data of existing or potential end-customers of Ohaus ("Data"). The terms below determine the obligations of each party under applicable data protection laws, including Swiss and European data protection laws (GDPR). The terms “Controller”, “Data Subject”, “Personal Data”, “Processing” and “Processor” have the same meaning as in the GDPR. "
13.3 Ohaus and the customer may share the following categories of Data: name, surname, contact details, company information, including address and customer message.
13.4 Ohaus will provide the following services in the framework of which the parties may share Data:
13.4.1 Product Delivery Services. Upon customer's request (as Controller) Ohaus (as Processor) may ship Ohaus products directly to the end-customer indicated in the shipping instructions. Customer will share Data with Ohaus for the purpose of engaging a logistics company (authorized sub-Processor). When Processing Data on behalf of the customer, Ohaus will follow documented instructions communicated by the customer to Ohaus in writing. Ohaus will comply with the express obligations of a Processor under articles 28(3)(b) to 28(3)(h) of the GDPR. However, customer may not instruct Ohaus to delete copies of data that Ohaus holds as Controller. If the customer requires any assistance pursuant to articles 28(3)(a) to 28(3)(h) of the GDPR, he will inform Ohaus. In such case, Ohaus will agree with the customer on the scope, method and timing for such assistance.
13.4.2 Requests. Ohaus may share requests it receives via its website from potential end-customers (e.g. request for information, offers, etc.) (the “Requests”) and/or Data with the customer to enable the customer to reach out to individuals that expressed their interest in Ohaus products. When Ohaus shares Requests with the customer, the customer commits to follow up on them promptly. Ohaus may share any Request or Data with any other partner.
13.4.3 Ohaus does not warrant that the above specified services are accurate, timely, error-free or suitable for any particular purpose. In no event will Ohaus or its affiliates be liable for any damages arising in connection with these services.
13.5 Compliance. Each party will comply with the obligations applicable to it under the data protection legislation.
13.6 Data Accuracy. The customer will provide Data that is accurate and has been collected and processed in compliance with applicable data protection laws. The customer will notify Ohaus of any inaccuracies immediately.
13.7 Data Transfers. Either party may transfer Data outside the European Economic Area and Switzerland, if it complies with the provisions on the transfer of personal data to third countries set out in applicable data protection laws.
14 Confidentiality
  The customer shall treat all non-public information and data obtained from Ohaus as confidential. Such information shall be used solely for purposes of performing this contract with Ohaus. This obligation of confidentiality and non-use shall survive termination of the business relationship with Ohaus for a period of three years. Upon termination of the business relationship with Ohaus or if so requested by Ohaus, the customer agrees to return or destroy any documents or data containing confidential information supplied by Ohaus or any copies thereof or extracts there from made by the customer. The parties agree to treat the Data and Customer Requests as confidential information. Each party will take appropriate measures to keep the Data secure.
15 Severability
  Should any provisions in these General Terms and Conditions of Sale or other contractual agreements be or become completely or partly ineffective, the remaining conditions shall remain unaffected hereby.
16 Venue and Applicable Law
16.1 Exclusive place of jurisdiction is Zurich, Switzerland. Ohaus however also reserves the right to seek redress at the appropriate court in the customer's country.
16.2 The contract between the customer and Ohaus shall be subject to Swiss substantive law without regard to any conflicts of law provisions and without regard to the United Nations Convention on Contracts for the International Sale of Goods ("CISG").
Revised in July, 2018
 

Join our email list

Please enter your email address.
 
 Security code
Please type the security code