General Terms and Conditions of MycoSolutions AG

Scope

With incoming order at MycoSolutions AG the contract is concluded. General terms and conditions of MycoSolutions AG are legally binding in any case. Only written change and collateral agreements by Mycosolutions AG are valid. With purchasing, the purchaser agrees with the general terms and conditions of Mycosolutions AG. Usability of the products must be checked by the purchaser on its own responsibility.

Prices/Payment

The stated prices on our website are either in Swiss francs (CHF) or euros (€) excl. VAT. In the case of orders from offer until invoice, terms and conditions of MycoSolutions AG are part of the written order confirmation. Orders with our online shop require an advance payment.

In all other cases, prices are excl. transport costs, postage and packing. The invoice is payable within 30 days.

Resale

Resale is only permitted if in the original package.

Shipping Method, Delivery and Partial Delivery

MycoSolutions AG is responsible for the method of shipping (truck delivery, by mail or by courier services). Delays in delivery, which are beyond the control of Mycosolutions AG, do not give the purchaser the right to compensation claim or rescission of the contract. If some articles are temporarily not available, MycoSolutions AG has the discretion of working with partial deliveries.

Retention of Title

The delivered products shall remain the property of MycoSolutions AG until full payment of the sale price

Packing and Postage

Our products will be provided with optimal packaging during shipping. Packages will be delivered in Switzerland within two working days (PostPac Economy). Express deliveries shall be paid with the corresponding surcharge. Deliveries abroad are conducted with courier services only for qualitypurposes.

Transfer of Risk, Damages in Transit

The risk of destruction, loss or damage of the products shall be transferred to the purchaser at the moment the products are handed over for delivery. In case of damages due to delivery or transport, it must be immediately reported to the carrier/post/courier service. Transport insurance can be concluded by Mycosolutions AG but must be paid by the purchaser. The products otherwise travel uninsured even if the costs for delivery are paid by MycoSolutions AG.

Liability for Defects

MycoSolutions AG guarantees its product qualities according to the specifications at the time of the transfer of risk. The products must be checked by the purchaser immediately upon receiving them. Complaints must be reported to MycoSolutions AG. within 7 days to.

General Liability

The information in the product catalogue, technical bulletins, websites, etc., shall be regarded as general guidelines. The claims on the package are crucial and binding for usage (labels and manual)..
Multiple factors such as spore thickness, weather conditions, the type of culture, species, cultivation methods, soil conditions, resistances, application technique and product mixture may influence the effectiveness of the products. The associated risk is not carried by MycoSolutions AG. The instruction for storage and application have to be obeyed. If damages such as phototoxicity or insufficient effect occur that are based on circumstances which cannot be controlled MycoSolutions AG, every liability is refused.

Force Majeur

Incidents in case of force majeur MycoSolutions AG is released from performance of contract. In this case the vendor does not have any claims.

Severability Clause

dividual terms of this Agreement be ineffective or lose their effectiveness due to later circumstances or should a loophole emerge in this Agreement, the legal effectiveness of other provisions is not affected.

Place of Fulfilment, Choice of Law, Place of Jurisdiction

These general terms and conditions are based on Swiss law. CISC contracts are excluded.

All obligations based on the contract with the purchaser are subject to Swiss law. Exclusive jurisdiction is St. Gallen.

August 2017