1. General
The following terms and conditions serve as a clear arrangement for the reciprocal relationship between the buyer and Büchi AG. Supplementary agreements, if any, must be in written form in order to be valid.

2. Prices
Our official price lists include suggested prices. The right to make price changes as well as deviations in the sense of technical improvement remains reserved. The prices applicable on the day of delivery will be charged. The prices are in Swiss Francs, exclusive of value added tax, strictly net, ex works and without packaging (Incoterms). All ancillary costs such as freight, insurance, export permits, transit permits, import permits and other approvals, will be charged to the buyer. The buyer is likewise required to pay all types of taxes, duties, fees, customs and similar tariffs that are levied in connection with the contract, or to reimburse Büchi AG for them in exchange for appropriate documentation if Büchi AG was obligated to pay them.

3. Packaging
Packaging is billed at original cost. Export deliveries are made in specially developed packaging at the expense of the buyer.

4. Shipping and transfer of usufruct and risk
We deliver ex works (Incoterms). Usufruct and risk transfer to the buyer when the delivery is dispatched ex works.Without exception, shipping takes place at the expense and risk of the buyer via our freight forwarder. A transportation insurance policy will be taken out at the expense of the buyer upon request. For deliveries by truck that are carriage paid breakage-free to the address of the recipient, we will invoice a share of transportation expenses. Complaints in connection with the shipment or transportation are to be directed by the buyer to the most recent freight carrier without delay after receipt of the consignment or freight documents. Büchi AG is to be informed without delay as well.

5. Customized products
For customized products, we reserve the right to deliver the actual quantity of items produced.

6. Delivery date
In the absence of an explicit written agreement, the delivery dates indicated by Büchi AG are target dates, and the failure to comply with them does not entitle the buyer to withdraw from the contract or to claim reductions or compensation for damages.

7. Assembly
Assembly at the destination location shall be invoiced to the buyer on the basis of time and expenses pursuant to our terms and conditions of assembly.

8. Warranty
Büchi AG guarantees that the products will be free of defects, i.e. with flawless fusion zones, including tension-free cooling and damage-free glass surfaces. Flats shall be precision-ground. Glass breakage, in particular when due to surfaces damaged between the time of delivery or assembly and commissioning shall be excluded from the warranty. Büchi AG is obligated to repair or replace all parts that become damaged or unusable as a result of poor materials, incorrect design or defective workmanship. Damage not caused by Büchi AG (normal wear and tear, lack of maintenance, disassembly errors for which Büchi AG is not accountable, and so forth) is excluded from the warranty. The warranty expires prematurely if the buyer or a third party makes improper modifications or repairs or, if a defect is discovered, if the buyer does not immediately take appropriate steps to reduce the scope of damage and in writing provide Büchi AG with the opportunity to remedy the defect. The warranty period amounts to one year and commences upon dispatch of the delivery ex works, or upon completion of assembly, if it was carried out by Büchi AG. If assembly is delayed for reasons that are beyond the control of Büchi AG, the warranty period ends no
later than 18 months after delivery to the buyer. The warranty period starts anew for replaced parts. The buyer is required to examine the consignment immediately upon receipt. If the buyer does not carry out the examination of the goods, or if the buyer fails to provide notice of the defects to Büchi AG immediately after examination or discovery, rights to claim defects shall be forfeited. Returns shall be accepted only with prior approval from Büchi AG.

9. Liability
Büchi AG is liable for contractual performance. Any further liability with respect to the buyer for any damages whatsoever is waived by the buyer.

10. Payment
Invoices are to be paid by the buyer without any deductions (such as discounts, etc.) whatsoever, and for a delivery amount of up to CHF 30,000 within 30 days after the date of the invoice, strictly net; of more than CHF 30,000 up to CHF 150,000 one-third at the time the order is placed and two-thirds within 30 days after the date of the invoice, strictly net; of more than CHF 150,000, the negotiated terms and conditions of payment are applicable. The minimum invoice amount is CHF 50 net. The material that we deliver remains our property until payment in full is received. The buyer is obligated to cooperate with us upon first request with respect to steps that may be necessary to protect our ownership interest. The buyer does not have a right of offset against Büchi AG.

11. Applicable law and court of jurisdiction
Swiss law exclusively is applicable to all legal relationships established by these terms and conditions. Uster is the place of performance and the court of jurisdiction for both parties.

Viton® and Kalrez® are registered trademarks of DuPont Elastomers
Swagelok® is a registered trademark of the Swagelok Company
Santotrac® is a registered trademark of the Findett Corporation
Novapress® is a registered trademark of the Frenzelit-Werke GmbH & Co. KG
Flex-O-Form® is a registered trademark of Merkel Freudenberg Fluidtechnic GmbH