Any command is made under the regime of Bates General terms of sale. No other condition can be taken into account. The general terms of purchase sent with an order cannot be taken into account. In passing order, the customer gives up the validity of his purchasing terms even joined with order and accepts the only validity of Bates terms of sale.
Given the nature from very different Bates catalogue products, warranties differ from one to another. Bates machines are guaranteed 2 years on parts and labour. The products of the other marks benefit from the guarantee of the manufacturer only. As a general rule the guarantee of products is on one year. Invalid for consumables. The not-corresponding goods will be the objects of a return according to the conditions expressed in the point ”return” of the general terms. No claim can be made against the Bates Society for a delivery of the not-corresponding goods. In certain cases, if the RC insurance of the Bates Society would cover the damages, the latter can bring in it but with no obligation from it.
All deliveries are made EXW.
The carrier chosen by Bates makes the dispatches. During the command the customer can ask for a specific carrier. All the expenses are chargeable to the customer (EXW). In case of loss of parcel and damage, Bates Society can help the customer for the appropriate steps although all the responsibility returns to the buyer (EXW). We can organize transport self-assuredly as well as make the appropriate steps but the conditions remain EXW.
For Switzerland: 10 days at 2% cash discount or within 20 days of date of invoice.
For foreign countries: 100% in anticipation
Swiss machines: 60% at the order, 40% in the delivery
Foreign machines: 100% at the order
Any overtaking of deadline leads to a suspended interest of 5% from the due date of the invoice, as well as a cancellation of the granted discounts. The maintaining of discounts depends on the goodwill of Bates Society to keep good trade relations.
Invoices overtaking due date payment receive a first reminder after 30 days with expenses of reminders of CHF 20. Afterward, the second then the third reminder are sent with expenses of CHF 50 then CHF 85. The dates of reminders are not defined. In case of not payment, pursuits will be committed. A fixed rate of CHF 500 beforehand of expenses is charged. The time dedicated to the customer since the term of invoice (phone reminders, travels, etc.) is also charged to the price rate of CHF 280 /hour in supplement of the fixed rate of CHF 500.–.
The deadline before pursuit is not determined and depends only Bates Society will. Generally, an amicable solution is found to protect good trade relations but this depends only on the goodwill of Bates Society.
The sold goods remain the property of the Bates Society up to the complete payment of the invoice. The Bates Society reserves the right to get back any goods or machine when the customer refuses a payment during the wanted deadlines. In case of non-payment, the customer makes a commitment to leave the goods at the disposal of the Bates Society, in the place where this one delivered them, with accessibility and without any possibility of degradation, so that the goods are taken back in the best conditions.
The Bates Society makes its maximum to respect the announced deadlines. However, the announced delivery deadlines are indicative. Many factors independent from the will of Bates Society can influence them. That is the reason why no request of compensation or cancellation of order can be made if a delivery deadline is not respected.
Any order, written or made verbally, signed or not on any support, is valid and submitted to the general terms of sale of the Bates Society, from the moment when it is transmitted to the Bates Society.
For any order pulling a financial investment, a manufacturing or a command on behalf of the Bates Society, a cancellation of order will pull an invoice for the caused expenses. According to the investment the Bates Society will determine the percentage of the invoice, which will be due, but at least 35% of the total amount without discount will be charged. In the case no cost is engendered for the Bates Society, this one can, in its goodwill, to arrange its customers, accept a free of charge cancellation. Any cancellation of order has to be the object of the preliminary agreement of the Bates Society.
The resale of Bates Society products is forbidden except preliminary agreement of resale. The Bates Society wants to check the quality of the distribution networks and reserves the right to ask for a financial compensation for the non-respect of the conditions of resale. In case of delay in payments, the Bates Society can, without any advance notice, remove the right of resale. In case of inappropriate attitude or problems of ethics, this right can be also removed without any advance notice.
The goods affected by nonconformity are taken back and exchanged by the Bates Society without additional charge. The Bates Society sends back the corresponding goods as a replacement. The goods are forwarded at the expense of the Bates Society in the initial delivery address. The Bates Society is the only one to be able to judge the nonconformity of the goods according to the standard quality workbench. For the products of resale, in case of supposed nonconformity, the Bates Society will make a request for its supplier. The decision of the supplier about the possible nonconformity will determine the position of the Bates Society with regard to its customer. For a return to be made, the Bates Society must be beforehand informed about it and must give its agreement. The Bates Society chooses the mode of transport but in principle the least expensive. Any return made in other conditions will be neither taken back nor paid off and charged if it engenders expenses (in particular of customs and VAT).
In case of return of the goods, the Bates Society can establish a credit note. This one is not refundable. It will be deducted on other invoices of the customer. The validity of the credit note is of one year.
All the granted discounts are valid only for a payment in the deadlines quoted in the general terms. Maintaining of discounts depends only the goodwill of the Bates Society to keep good trades. Any granted discounts cannot be required for the renewal of an order. They are only tuned individually.
The prices are indicative and can be changed any time. The Bates Society endeavour to maintain the most interesting prices for its customers but it can change them without notice.
The retailers have to watch the interest of the Bates Society and this hanging and after the work reports. Any action or comments striking a blow at the Bates Society will be the object of a fine as well as compensation. The Bates Society will freely fix them. A criminal and/or a civil procedure will be also engaged.
The place of jurisdiction is set on the District of Lavaux-Oron, Lausanne Est. In case of removal of the society, the place of jurisdiction will be chosen according to the place of establishment of the Bates Society. Any procedure deposed somewhere else must be moved on our legal place of jurisdiction and this procedure must be free of charge for our society.