Terms & Conditions

Article 1 – Effectiveness

The following General Terms of Sales and Delivery shall apply exclusively for all present and future business dealings with the Company Oro Clean Chemie (hereby referred to as “OCC”).  OCC shall not acknowledge any opposing conditions of the buyer. OCC’s terms of sales and delivery shall also apply if OCC delivers the goods to the buyer without reservation despite the knowledge of opposing conditions of the buyer or those which deviate from OCC’s terms of sales and delivery. By returning the signed order confirmation for each order placed, the buyer fully accepts without any reservations OCC’s terms of sales and delivery. Any amendments made to OCC’s terms of sales and delivery by the buyer cannot be accepted and will result in the immediate annulation of the buyer’s order without further notice.

Article 2 – Prices

All our prices are in Swiss Francs, ex works, duty unpaid. All our prices are subject to change without notice. The costs for customs duty, insurance, shipping, and special packaging and handling (i.e. air/sea freight) as well as fees for certificates, registration and legislation and statutory taxes are not included and will be billed separately. Any order must be at least of value CHF 2000.00. Orders below CHF 2000.00 may be accepted but we will charge a minimum administration fee of CHF 50.00 for each order placed. For the legalisation of invoices, OCC charges CHF 80.00 for Switzerland and CHF 250.00 for foreign countries. These fees are subject to change without notice.

Article 3 – Offer, Orders and Order Confirmation

All offers are without obligation. OCC reserves the sole property and copyrights to offers, cost estimates, figures, drawings, and any other documents submitted to the buyer. These shall only be determined for use by the buyer. The prices quoted in offers are valid for a period of 30 days, unless otherwise indicated in the offer. Orders received after the offer has expired may be subject to price changes. Promotions cannot be combined with any other promotion, discount, or special offer, including but not limited to pallet discounts.

The buyer must confirm the order details by signing and returning the order confirmation to OCC within 24 hours. Delays in returning the order confirmation to OCC may result in change of delivery date. Costs for changes to orders after returning the signed order confirmation shall be borne by the buyer. Custom-made goods and special packaging/delivery requests cannot be changed, cancelled, after the buyer has signed the order confirmation and cannot be returned to OCC under any circumstances. A surcharge for custom-made goods and special packaging/delivery request will apply.

Article 4 – Delivery and Carriage

Delivery of OCC goods is executed on the risks and perils of the buyer. Responsibility for the purchased goods lies with the buyer from the moment the goods leave OCC’s warehouse, regardless whether or not transport was arranged by OCC or carriage paid delivery. The responsibility for packaging and selecting a method of delivery lies with OCC.

Delivery dates on order confirmations are guide dates only. Delivery dates cannot be regarded as a commitment. Delivery delays may occur.  The buyer is not entitled to cancel the order and/or claim compensation for damages on the basis of any breach of the indicated delivery time.

Where the buyer arranges for carriage, the buyer will take delivery of the goods within 6 working days of OCC giving the buyer notice that the goods are ready. If the buyer fails to take delivery of the goods within this time period, the goods will be deemed to have been delivered and (without prejudice to its other rights) OCC may store or arrange for the storage of the goods until actual delivery of sale and charge the buyer for all related costs and expenses (including without limitation, storage and insurance) and/or following written notice to the buyer, sell all or parts of the goods at the best price reasonably obtainable and charge the buyer for any shortfall below the price of the order confirmation.

OCC shall not be liable to the buyer in any manner or be deemed to be in breach of contract because of any delivery delays caused by interruptions in the manufacturing process, delayed arrival of raw materials from sub-suppliers and any delays or delivery failure due to any cause beyond OCC’s reasonable control. In such an event, OCC has the sole right to withdraw from an order contract without compensation or to fulfill the contract at a later date.

Article 5– Payment, Credit Limit, and Ownership

Payments shall be due and payable within 30 days, unless indicated otherwise on the order confirmation. All banking fees shall be borne by the buyer. The deduction of discount is not acceptable.

In case of non-payment of past orders, OCC has the right to cancel new orders without notice or to execute outstanding deliveries and services against advance payment.

Should a buyer cancel an order against prepayment, the buyer’s prepayment will be credited to the buyer’s account interest-free within 30 days, all banking fees and difference in the exchange rate to be borne by the buyer.

The buyer has no right to suspend or offset any payment. Any retention, non-payment, or reduciton of payment because of complaints, any other claims, or counter demans by the buyer, will not be accepted by OCC. If the buyer fails to make a timely payment, OCC is entitled to charge a monthly interest of 5% to the buyer as well as all costs caused by the default, such as collection charges and judicial and extra judicial costs. Interest will be charged on all amounts that are not paid by the due date.

OCC may, at its discretion, grant a credit limit to an existing buyer with immaculate payment history. OCC may grant the buyer a credit limit up to 20% of the buyer’s turnover of the previous year. If OCC grants the buyer a credit limit, OCC reserves the right to modify or terminate the grant agreement with the buyer with or without the buyer’s explicit approval.

All goods and services delivered by OCC shall remain the sole property of OCC until the buyer has fully paid all outstanding debts to OCC, including secondary claims. OCC reserves the right to claim its goods by the law of the country where the goods are situated. The buyer is obligated to assist fully in the registration at the local register of retention of title for the goods delivered.

Article 6 – Re-import

It is not permitted to re-import any of OCC’s products or services back into Switzerland. Non-compliance with this clause shall result in the extinction of any rights the buyer may have and will incur an immediate fine of CHF 50’000.00 for each breach of this clause payable within 20 days from the day of issue. If the buyer fails to make a timely payment, OCC will charge a monthly interest of 10% to the buyer as well as costs caused by the default, such as collection charges and judicial and extra judicial costs. OCC reserves the right for further compensation claims.

Article 7 – Complaints and Warranty

Immediately after receipt of the goods, the buyer must check that the goods delivered are in conformity with the order confirmation. If it is the buyer’s opinion that the goods are non-conformant, the buyer must inform OCC at once precisely stating the nature of and grounds for the complaint. This description must include the number of the order confirmation, the product name(s), item number(s), quantity, and LOT for each affected product. Any defects that are not at once recognisable to the buyer shall be indicated by the buyer to OCC in writing within 8 days. If the buyer fails to inform OCC about defects within this time period, OCC will reject any claims for compensation or exchange.

Transport damage must be reported immediately. It is the buyer’s duty to document any transport damage in detail both in writing and photographically. The report must be forwarded without delay to both the transport company and to OCC. Transport damage is at the buyer’s risk if insurance is not purchased. OCC cannot and will not accept any claims for transport damages.

Complaints do no cancel the buyer’s obligation for payment. In the case of a well-founded complaint, OCC shall have the right to replace the affected goods within 60 days or to compensate the buyer for the purchase price. In the unlikely event of shortfalls in quantities, OCC has the right to decide whether or not to include the shortfalls into the next shipment unless OCC’s weight reports document an error during preparation for dispatch.

Article 8 – Returns

No goods can be returned to OCC without prior written approval by OCC. OCC does not accept returns of any goods/services ordered by the buyer and confirmed by the buyer with the buyer’s signature. In the case of unsatisfactory quality of the goods, the buyer must provide OCC with the LOT number of each affected product. Returns of goods if quality is unsatisfactory may be approved and accepted by OCC if confirmed by OCC’s laboratories.

Article 9 – Customer Services

OCC offers professional and dedicated customer service to all its buyers. All services, advice and/or information given including but not limited to any print and electronic media is given in good faith and corresponds to the state of the art at the time the service/advice/information was given or the print media was published. The buyer has the duty and obligation to check the suitability of all OCC goods for the intended uses.

Article 10 – Proprietary Rights

All present and future rights in and to trade secrets, patents, copyrights, trademarks, know-how, product formulations, product design, text, software, technical drawings, technical data sheets, safety data sheets, logos, test reports, domain names, brand names, and service marks remain the sole and exclusive property of OCC at all times. OCC reserves all such rights. Under no circumstances will the buyer acquire any ownership or entitlement to ownership.

The buyer must undertake not to use any of the trade secrets, patents, copyrights, trademarks, know-how, product formulations, product design, text, software, technical drawings, technical data sheets, safety data sheets, logos, test reports, domain names, brand names, and service marks, in an way such as to adversely affect OCC’s intellectual, patent or property rights. The buyer must agree not to modify, copy, imitate, reproduce, republish, disassemble in any form or by any means, in whole or in part, without OCC’s prior written permission.

Violation of any of these provisions of the General Terms of Sales and Delivery is subject to a fine of at least CHF 100’000.00 for each and every offense. OCC reserves the right for further compensation claims.

Depending on the severity of the violation, OCC may, at its sole discretion, restrict, suspend, or terminate a buyer’s contract with immediate effect. In such an event, OCC shall not be liable for any kind of damage this termination may cause the buyer, including but not limited to loss of profits, or damage to the buyer’s reputation.

The buyer is hereby informed that the exportation of OCC’s products may be an offence against trademark rights of other parties in certain countries and that OCC will not accept any liability for such cases.

Article 11 –Liability and Legal Requirements for Chemicals

Under no circumstances, including, without limitation, negligence, shall OCC or its parent companies, directors, employees, agents, or suppliers be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use of OCC’s products and services or from the inability to use OCC’s products and services correctly and with due care. The buyer also agrees that OCC shall not be responsible or liable to the buyer or the buyer’ customers, or to anyone, for the information on OCC products or use of OCC products and services by or provided by third parties.

OCC strives to ensure that OCC products meet the specification listed in OCC’s catalogues and product labels. All information, design specifications, pictures, technical information provided by OCC are for information purpose only and are no guaranty for quality upon delivery. OCC cannot guarantee the accuracy of information contained on OCC’s website, print media, or otherwise. The buyer assumes the risk in using the information provided by OCC. Information provided by OCC does not relieve the buyer from his obligation to respect the governmental dictates in the buyer’s country for the purchase, storage, and distribution of disinfectants and cleaning products.

The transport of flammable, corrosive or other hazardous material is subject to national and international regulations which the buyer must recognise, respect and adhere to. The classification of OCC products can be found on the packing list. It is the sole responsibility of the buyer to ensure that the buyer has the permission and licence to purchase, store, handle, transport, and sell OCC’s disinfectants, some of which are classified as ‘dangerous goods’.

OCC is not liable either for the losses or the damages caused either by the use of OCC products nor by their deficiency. OCC cannot be held liable to third parties due to damages caused to these third parties by the buyer’s incorrect behaviour and use of knowledge. It is the buyer’s sole responsibility and duty to fully pay compensation to such third parties.

Article 12 –Part invalidity of clauses

Part invalidity of these General Terms of Sales and Delivery and/or its accompanying documents does not affect the remaining contractual clauses.