GENERAL TERMS AND CONDITIONS OF SALE
1. ORDER CONFIRMATION
We confirm the order in writing at a price excluding VAT. It is your responsibility to check the information included here with your confirmation. No subsequent claims can be accepted.
2. SIGNED AND AGREED / EXECUTION SAMPLE (“SIGNED AND AGREED” PRODUCT)
You have placed an order with MAO. Before your items are made or the logo of your choice is applied, we send you a “signed and agreed” in the appropriate format, paper or electronic. In order to avoid any misunderstanding, we will only commence mass production when you have confirmed “signed and agreed” in writing.
In many cases, it is wise to produce a physical execution sample in addition to the “signed and approved” prior to mass production. We especially recommend this for special productions. Such a sample involves higher costs as well as the adjustment of various machines, the defining of colour mixes, the production of materials, and supplier shipping by courier. You may be invoiced at a fixed price.
Photos included in our catalogues, presentations and quotations are by way of illustration and are non-contractual. Only Good to Print (“signed and agreed”) takes precedence.
4. DELIVERY TIMES
Our delivery times are guide times and apply once the order is confirmed. You will be informed when your order has reached this status. En cas de retard de livraison, quelle qu’en soit la cause, le donneur d’ordre ne peut prétendre à aucun droit de dommages et intérêts, ni ne peut résilier le contrat. In the event of a delivery delay, whatever the cause, the ordering party does not have a claim to any damages or interests, and they may not cancel the contract. In the event of a force majeure or disruption to production, whatever the cause, with us or our suppliers, we are authorised to extend delivery times. If you request modifications as a result of the printing, execution samples, etc., we are authorised to extend delivery times as a result.
5. OVER-DELIVERY AND UNDER-DELIVERY
Over-deliveries and under-deliveries with a margin of 10% are standard in the industry and must be accepted. We will invoice you for the actual quantity delivered.
The order is sent to us at our premises, validated by our quality control and packaged, and it is shipped on time. All logistics costs are included in our prices.
Our prices do not include VAT.
Payments are made in CHF, or in the currency specified in the contract.
In the absence of a common commercial history, you will be asked to make integral advance payment before production starts.
Our invoices must be paid within 10 days.
For sums in excess of CHF 5,000 excluding VAT, you will be asked to make a deposit of 50%.
We reserve the right to supply our customers who do not have sufficient credit references only upon presentation of a bank guarantee or following advance payment. The ordering party is responsible for paying for the merchandise ordered, even if it is delivered to third parties upon request.
If the payment terms are not adhered to, the purchaser is to pay, without a special reminder from MAO, late payment interests in an amount corresponding to the prevailing current account interest rate of the major Swiss banks, as well as charges for legal proceedings and foreclosure fees. The absence of minor parties for the order or guarantee rights towards MAO does not authorise a postponement of the payments due. The merchandise remains our property up to full payment.
Differences in colour and condition with regard to the base material and/or finishing treatment cannot be excluded.
8. QUALITY CONTROL
Unless otherwise agreed, quality control is carried out according to the AQL inspection criteria. The AQL (acceptable quality level) is part of the internationally recognised control standard, MIL-STD 105E.
This standard defines, among other things, the maximum percentage of faults authorised for 100 items, divided into three categories:
Critical “defects” – preventing the planned use of the item
Major “defects” – affecting the planned use of the item
Minor “defects” – not affecting or not considerably affecting the planned use of the item
There is no tolerance of critical faults. For the two other levels, the limits are as follows (unless otherwise specified) :
Major “defects” AQL 2.5%
Minor “defects” AQL 4%
If necessary, the major and minor defects are defined at the conclusion of the contract, and quality control is carried out according to these indications.
Obvious defects must be flagged up immediately and hidden defects within 8 days after receipt of the merchandise in writing. In the event of the established presence of defects, we are authorised to repair them, to supply replacement merchandise, or to modify the contract or reduce the price, as we choose. We are only responsible for indirect or ensuing damage such as loss of profits if you can justify negligent or premeditated action.
10. CHILDREN’S ITEMS
Customised items or those in our catalogues are, without exception, not suitable for children aged under 3 years.
11. TEXTILE SIZES
The textiles which we offer, knitted or woven, are produced according to the standard sizes of the factories which we represent. Upon request, we will be pleased to provide you with the corresponding sizing charts. The samples presented to you are generally proof of commitment in terms of dimensions.
For special productions, we can also use your own dimensions.
The ordering party is solely responsible for breach of rights and particularly for third-party copyright in the execution of their order. It releases MAO from any resulting claim, including legal consultation fees.
We reserve the right, unless otherwise advised, to use the photos of your products for commercial reasons on our marketing supports (catalogues, websites, etc.).
14. APPLICABLE JURISDICTION
The applicable jurisdiction is the court of Lausanne for both parties. Our contracts are governed by Swiss law, excluding international agreements.