General Conditions of Sale

These General Conditions of Sale apply to all products from the WATA Range, unless otherwise stipulated in writing by Fondation Antenna Technologies, hereafter “the Seller”, and by the Buyer. 

Price

Prices published in catalogues, websites, online stores or price lists do not constitute a final price or an offer for sale from the Seller. Confirmed prices, by way of a firm order, are the only final prices to be taken into account.

Prices include departure from the Seller’s warehouse and do not include administrative, packaging or shipping costs. For any purchase delivered to Switzerland, 8% valued added tax is indicated in addition on the invoice.

Payment must imperatively be made to the account indicated in the invoice and for the amount corresponding to the total in Swiss Francs. Bank transfer costs are charged to the Buyer.

Prices in euros or another currency are given for information purposes only. If the Buyer makes the payment in euros or another currency and the total amount received is less than the total amount in Swiss Francs indicated on the invoice due to exchange rate fluctuation, the Seller reserves the right to request the payment corresponding to the difference of the total amount in Swiss Francs from the Buyer.

Conditions of payment

Invoices are due within 30 days from the date of the invoice, without deduction and payable to the bank/postal account indicated by the Seller. Advance payment is requested for any purchase, except for prior agreement. Upon written confirmation by the Buyer, and following the issuing of the invoice, the Buyer agrees to pay the invoice in a timely manner.

Late payment: In case of late payment, new conditions may be set. After a third reminder, any necessary compensation costs or debt collection and prosecution costs may be requested from the Buyer.

Cancellation of an order: The cancellation of an order cannot be done following the issuing of an invoice, unless requested in writing by the Buyer and written acceptance of the Seller. This request must be sent before receipt of the goods. Once the goods have been received, an order cancellation cannot be accepted and the Buyer must pay the total amount of the order.

Instalments may be requested from the Buyer by prior agreement according to the quantity of items ordered. Unless agreed by and written confirmation of the Seller, no reduction shall be granted.

Import costs and value added tax (VAT)

When buying from abroad, the importing country clears the goods for import. According to the value declared by the Seller, customs taxes the Buyer. The payment of costs and taxes as well as importing procedures, notably VAT, shall be incumbent upon the Buyer and not upon the Seller.

Any additional charges, such as environmental taxes (COV, CO2), tax on tobacco, tax on beer, tax on mineral oils, etc. are charged to the Buyer. The Buyer is responsible for inquiring with customs of the country of destination about the costs which result from importing the ordered goods; the Seller does not know the amount of the costs.

Import costs, value added tax or additional charges must, in principle, be paid directly on the spot in cash. Some carriers request, at the time of delivery, to pay the amount requested for the customs clearance of goods. The Buyer is responsible for informing those concerned by this event and for having the amount claimed by the carrier for the delivery. Refusal to pay these costs may result in the return of the package to the Seller by the carrier. In this case, the Seller invoices the Buyer for all relevant additional costs, namely administrative costs and the costs for returning the package as well as return costs if the Buyer confirms in writing that it wishes for the goods to be sent again.

Transportation and delivery

Transportation, administrative and packaging costs are clearly described on the invoice and are charged to the Buyer. All shipments abroad are carried out with the 2010 DAP Incoterm.

The Seller reserves the right to deliver the goods ordered with the carrier of its choice according to the place of delivery.

By default, the goods sent are insured at 1% of the total value of the order, according to the conditions of the selected carrier. The order may be insured at 100% of its value on condition that the Buyer requests so in writing and that it pays all relevant additional costs indicated on the invoice, also if an insurance certificate is requested.

Delivery: Delivery deadlines are written on the invoice. The delivery deadline is from receipt by the Seller of all documents required for the execution of the order, payment and the sending of delivery confirmation to the Buyer.

The Seller cannot be held responsible for any delays in deliveries due to customs administrative procedures or in case of unforeseen events, notably of force majeure. As a result of this, the Buyer cannot claim damages for delays in any way whatsoever.

In the case of partial delivery, the deadlines are indicated on the invoice and may be reviewed according to the conditions of agreement with the Buyer.

The acceptance of these General Conditions of Sale cancels and replaces all the conditions of the Buyer, unless otherwise agreed in writing by the Seller.

Warranty / Liability

The Seller provides all the necessary care and technical expertise for the manufacturing of WATA appliances.

We are always carrying out quality inspections by taking into account the latest research and technological advances, in order to make improvements to our Range of WATA appliances. However, the improvements made to the devices and power supplies of the WATA Range cannot be operated on previous models and, as a result of this, these modifications do not come under the scope of our warranty.

Failures in the field attributed to the on-site conditions of use are excluded from the warranty.

Purpose and duration of the warranty

WATA Range appliances and power supplies, excluding wear parts (cf. definitions below) are subject to a 24 (twenty-four) month warranty  following the date of delivery of the carrier. This warranty applies only when appliances and power supplies are used in accordance with the manufacturer’s instructions. Appliances and power supplies having been poorly maintained (for example, not rinsed after use, wires crushed by footwear, appliances which have not been descaled, non-use of a voltage stabiliser, use of any sharp object for the scraping of titanium plates or the use of metal brushes and any abrasive substance for the cleaning of the appliance) are excluded from the warranty.

The use of a voltage stabiliser is necessary for our WATA-Standard, WATA-Plus, Midi-WATA and Maxi WATA appliances for the purposes of the appliance’s warranty and lifetime. The non-use of a voltage stabiliser is considered as non-compliance with the safety rules, and the result of which is the cancellation of the warranty.

Only WATA appliances are power supplies benefit from the abovementioned warranty. WataBlue and WataTest reagents benefit from a separate warranty depending on their manufacturing and expiry date. In case of application of the warranty, defective appliances or power supplies must be returned to the Seller according to an agreement with the Buyer and the nature of the appliance’s defect. WATA Appliances and power supplies recognised by the Seller or authorised sub-contractor as defective will be repaired or exchanged for a new part. Any incidental expenses such as transportation, travel of technicians and workforce are charged to the Buyer.

The loss of profit or business, caused by a breakdown or repair of an appliance or power supply, shall not be grounds for compensation.

The following parts are considered as wear parts and shall therefore not benefit from the previously defined warranty period:

- 2.5 litre bottle and 500ml bottle – PE-HD

- Syringes without caps (1ml, 50ml and 5ml) PP

- Measuring spoons - Arboblend

- Battery crocodile clips for Mini-WATA and WATA Standard kits

- Accessories for the kits of the WataBlue and WataTest reagents

- User manuals for the whole WATA Range

Without prejudice to the provisions to be taken with respect to the carrier, complaints about apparent defects or about non-compliance of the delivered product must be made in writing within eight days following the arrival of the products. The Buyer is responsible for providing any proof of the observed defects or anomalies. The Buyer authorises the Seller to intervene directly in order to repair them without using a third party to do so, unless previously agreed in writing.

Defects and damage caused by natural wear or external accident are excluded from the warranty.

Only the legal warranty against any hidden manufacturing defect of the WATA Range appliances and power supplies shall apply. The Seller shall not be held liable in case of installation fault or non-compliance with the safety rules. In any event, the Seller’s legal warranty continues to apply by virtue of the Swiss Code of Obligations (CO).

Data protection

The supplier undertakes to treat customers’ data with the greatest possible care. However, within the context of handling data concerning companies or people essential to the conclusion or execution of a contract, the Seller may exchange or communicate data with third parties.

The courts of Geneva have sole jurisdiction for all disputes of any kind. The Buyer expressly agrees to this allocation of jurisdiction from which it may not be derogated even in case of the acceptance of payments or plurality of defendants. The rights and obligations of the parties are governed solely by Swiss law.