Terms and Conditions

  1. Miscellaneous

    The following terms and conditions are intended to define clear provisions governing the mutual relationships between FREI SWISS AG (hereafter FREI) and the customer in all deliveries and services in Switzerland. 
    FREI reserves the right to amend the Terms and Conditions (TC) at any time to suit altered circumstances.

  2. Individual agreement/offer

    FREI does not enter into a binding agreement to deliver until after conclusion of an individual agreement through acceptance of the offer by FREI, which must define the nature of the service and the specific details of the transaction. The customer explicitly recognises the applicability of the valid Terms and Conditions (TC) upon accepting the offer.

  3. Prices/shipping, i.e. transport

    1. The prices for the individual deliveries are listed in the individual agreements as detailed in the offer/order confirmation by FREI. Unless otherwise agreed, they shall apply exclusive of any taxes, charges, fees, shipping and transport costs applicable at the moment of contractual conclusion. FREI reserves the right to levy additional charges in the event that the foregoing should increase, or new taxes, charges or fees be introduced, following conclusion of the contract.

    2. FREI ships consignments at a value above CHF750 postage paid by parcel delivery, or, subject to a pro rata share in shipping costs, by freight carrier to the kerb. The customer shall be required to pay shipping or transport costs irrespective of the order value for products that, as detailed in our catalogue, can only be delivered by company truck or by an external transport provider; FREI shall notify the customer of the amount of these costs in its offer. It is at the discretion of FREI to select the shipping method.

  4. Terms of payment

    1. All invoices are payable in full within 30 days following receipt.

    2. The customer is only entitled to offset deliveries invoiced by FREI with counter-claims that FREI has recognised in writing or that have been upheld in a court of law.

    3. FREI is entitled to charge the statutory rate of default interest in the event of late payment. FREI is entitled to withdraw from each and any individual agreement/order in the event that despite repeated reminder to do so, the customer fails to make payment. Further, FREI is entitled to charge lump-sum compensation amounting to 30% of the contractual sum.

  5. Delivery and fulfilment dates or periods

    1. FREI specifies the dates, i.e. periods, for delivery of the products in the offer, i.e. order confirmation. In the order confirmation, FREI provides confirmation of verbal agreements. Delivery periods always begin upon conclusion of the agreement. These periods remain suspended until such time as all information has been received that FREI requires for fulfilment of the agreement; delivery dates shall be postponed by an identical period.

    2. FREI shall undertake all necessary steps to guarantee adherence to any effectively agreed delivery date. In return, the customer is obligated to immediately accept the products offered by FREI unless otherwise agreed. In the event of a delay in acceptance, FREI shall be entitled to enforce claims for restitution of all additional expenses incurred as a result of delayed acceptance (financing costs, additional storage costs, additional logistics costs, etc).

    3. The agreed delivery and fulfilment dates apply except in cases of force majeur such as war, strike, transport difficulties and official import bans, delivery delays among downstream suppliers or any other extraordinary or unforeseeable incidents and such incidents for which FREI shall carry no responsibility that occur following conclusion of the agreement or that were unknown upon conclusion of the agreement. In the event that delays become apparent on the part of FREI or third parties involved in contractual fulfilment, FREI shall immediately notify the customer that such delays have occurred and for how long they are likely to persist, in order that the delivery date may be adjusted accordingly. Either party shall be entitled to withdraw from the agreement insofar as this obstruction in the delivery deadline leads to a delay in fulfilment of over 4 months. The same right applies even before the end of this period in the event that the parties cannot be reasonably expected to accept the delay.

    4. FREI shall be entitled in all cases to provide partial deliveries.

  6. Property

    The products remain the property of FREI until complete payment thereof has been received. The customer is not entitled to on-sell or mortgage the products until complete payment of the purchase price has been received.

  7. Transfer of risk

    FREI shall carry the risk of loss, damage or deterioration of the products for delivery until transfer of said products to the transport carrier (Art. 185 Sec. 2 Regulatory Law (OR))

  8. Warranty

    1. FREI is liable for delivering the products in a faultless condition and as specified. The warranty period shall last 12 months unless specified otherwise in the individual agreement.

    2. The customer is required to examine the products immediately upon receipt, as is considered standard in common business dealings. Insofar as the customer intends to lodge a complaint with FREI, the customer must do so immediately, in writing and in a detailed form. The products shall be considered approved in the event that a qualified complaint is not lodged.

    3. It is at the discretion of FREI to handle warranty claims by repairing the product or providing a replacement. The customer is entitled to demand rectification of faults under warranty rights. The customer does not have the right to demand cancellation, reduction or compensation for damages.

    4. FREI does not extend any warranty to damage caused by a failure to observe the instructions for use, general improper treatment and use of the product or for damage caused to the product due to external influences or interventions by third parties. Moreover, the replacement of wear parts and consumables, also additions to the product, shall not be covered by warranty.

    5. When possible, FREI shall provide, and charge as applicable standard rates for, services that exceed the scope of the customer's warranty entitlements.

    6. No other warranty claims shall be recognised.

  9. Liability

    FREI shall be liable for direct damage caused by a product and incurred by the customers in the fulfilment of the contract up to the purchase price of said product, provided that FREI is demonstrably at fault. All other liability, in particular for indirect damage and subsequent damage such as loss of earnings, additional costs or personnel costs incurred by the customer, loss of cost rationalisation, claims raised by third parties, also liability for vicarious agents and damage caused by delayed delivery, is explicitly rejected whenever permitted under law.

  10. Applicable law and place of jurisdiction

    All legal relationships between FREI and the customer shall be exclusively governed under Swiss law. The parties agree on the competent courts domiciled at the business residence of FREI as the place of jurisdiction for all disputes arising in connection with this agreement. FREI SWISS AG Seestrasse 115 CH - 8800 Thalwil ZH