General Conditions For The Supply of Machinery and Spare Parts (2020)
General Conditions For The Supply of Machinery and Spare Parts (2020)
1. General
1.1. The contract shall be deemed to have been entered into upon receipt of the supplier’s written
acknowledgement stating acceptance of the order (“Order Acknowledgement”). Tenders which do
not stipulate an acceptance period shall not be binding.
1.2. These general conditions of supply shall be binding if declared applicable in the tender or in the
Order Acknowledgement. Any conditions stipulated by the customer which are in contradiction to
these general conditions of supply shall only be valid if expressly acknowledged by the supplier in
writing.
1.3. All agreements and legally relevant declarations of the contracting parties must be in writing in
order to be valid. However, the contracting parties acknowledge electronic signature (e.g. Adobe
Sign, DocuSign or similar which ensure identification of the issuer and the integrity of the docu-
ment) applied by authorized persons, to be sufficient and binding for entering into the contract
and for any documents related to the contract, including, without limitation, documents for which
the contract requires written form or which require to be signed by the contracting parties.
1.4. Should a provision of these general conditions of supply prove to be invalid in full or in part, the
contracting parties shall replace such provision by a new one that is as close as possible to the
legal and economic effect of the invalid provision.
4. Prices
4.1. Unless otherwise agreed, all prices shall be deemed to be net, ex works, excluding packing, in freely
available Swiss francs without any deductions whatsoever.
Any and all additional charges, for example, freight charges, insurance premiums, fees for export,
transit, import and other permits, as well as for certifications, shall be borne by the customer.
PRINT DATE
ALBME (2020)
2020-10-15
ORGANIZATION DOCUMENT ID REV. LANG. PAGE
5. Terms of payment
5.1. Payments shall be made by the customer at the supplier’s domicile according to the agreed terms
of payment, without any deduction for cash discount, expenses, taxes, levies, fees, duties, and the
like.
Unless otherwise agreed, the price shall be paid in the following instalments:
- one third as advance payment within one month after receipt of the Order Acknowledgement by
the customer,
- one third on expiry of two thirds of the agreed delivery time,
- the remainder within one month after supplier’s advice that the supplies are ready for dispatch.
Payment will be deemed to be fulfilled when Swiss francs have been made freely available to the
supplier at the supplier’s domicile. If payment by bills of exchange or Letter of Credit is agreed,
the customer shall pay the cost of discounting such bills, bill of exchange taxes and collection
charges and the cost of opening, notifying and confirming the Letter of Credit.
5.2. If the customer exceeds the agreed periods of payment, it shall be liable, without reminder and
with reservation of the right to bring further claims, for interest at a rate depending on the terms
prevailing at ABB's domicile, but not less than 5 percent per annum. The contractual payment ob-
ligations remain in force.
6. Reservation of title
The supplier shall remain the owner of all supplies until he has received the full payments in
accordance with the contract.
The customer shall cooperate in any measures necessary for the protection of the supplier’s title.
In particular, upon entering into the contract he authorises the supplier to enter or notify the
reservation of title in the required form in public registers, books or similar records, all in
accordance with the relevant national laws, and to fulfil all corresponding formalities, at the
customer’s expense.
During the period of the reservation of title, the customer shall, at his own cost, maintain the
supplies and insure them for the benefit of the supplier against theft, breakdown, fire, water and
other risks. He shall further take all measures to ensure that the supplier’s title is in no way
compromised or rescinded.
13. Software
If the supplies and services delivered by the supplier include software, the customer is granted a
non-exclusive right of use of the software together with the delivery item, unless otherwise
agreed. The customer is not entitled to copy (except for archival purposes, troubleshooting or to
replace faulty data carriers) or to edit the software. In particular, the customer may not
disassemble, decompile, decrypt or reverse engineer the software without the prior written
consent of the supplier. In case of infringement, the supplier may withdraw the right of use. For
third-party software, the conditions of use of the licensor apply, and the licensor, as well as the
supplier, may also assert a claim in the event of infringement.
15. Installation
If the supplier undertakes installation or supervision of the installation, the General Conditions of
Installation of ABB are applicable to such installation.
Mo = Mean of price indices3 of principal material in category «metals and metal products»
required for manufacture, related to their proportion of value of supplies on date of ten-
der
Mm = Average of mean values of all price indices3 of principal materials in category «metals
and metal products» required for manufacture, related to their proportion of value of
supplies at time of delivery
- from date of Order Acknowledgement to completion in accordance with contract * or
- from date of Order Acknowledgement to date by which supplier had obtained most of
these materials i.e. from *
1
a + b + c must always total 1.
2
Since the wage index is only issued by Swissmem quarterly, the index for the past quarter shall be
inserted in each case.
3
Fractions of the official producer price index calculated and published monthly. (If the year serving
as a basis for de-termination of the index is changed by the authority concerned, the supplier is en-
titled to re-calculate the changes in prices in accordance with the new index values.)
* Delete where inapplicable.