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3. General Terms and Conditions

Our general terms and conditions, well arranged and understandable

1. General information

For business between the ordering party and Desca AG following terms and conditions will apply. These will apply even in case of contrary terms and conditions of the customer. Clauses, conditions or reservations by the ordering party will only then apply if we have specifically agreed to them and confirmed them in writing.

2. Means of communication

With our customers we will communicate verbally, in writing or by electronic data exchange. To be considered as ‘in writing’ are: letters, reports, drawings, plans, faxes, e-mails and other transmission forms that allow verification in text or image form. ‘With signature’ means that a handwritten signature or an appropriately qualified electronic signature is required.


The prices in quotes are considered non-binding unless otherwise stated. Quotes in written form and designated as binding are valid 30 days after date of issue, unless other validity is stated. The customer is responsible for the correctness of provided documents, drawings, materials specifications etc., we refuse liability.

4. Subject matter and form of the contracts

Sales contracts and/or service contracts are only then to be considered concluded by our written confirmation of the order acceptance. E-mail or fax transmission is sufficient as written form. For short notice deliveries the invoice issued may serve as written order confirmation. Verbal declarations by our employees must be confirmed in writing for validity.

5. Extent and execution of deliveries

Decisive for the extent and execution of the deliveries is an order confirmation or, if there is no confirmation, our quote. Deviations of up to 10 % from the ordered and supplied quantities are considered admissible.

6. Prices

Unless otherwise stated prices in the quotes are in Swiss Francs, do not include value added tax, do not include packaging or postage. Quote prices for core leads are, as a rule, based on a copper base of EUR 150.00 / 100 kg copper, as long as no other values are fixed in the quote. The actual selling price is calculated using the publicised copper DEL – exchange listing on the day of order entry, plus 1 % metal procurement costs. For use of other metals or alloys the calculation is done analogue to copper price handling. In cases of general strongly modified cost circumstances we reserve the right to adjust the prices.

Cable drums are free of charge, returns by arrangement. Packaging may not be returned.

7. Appointments

Only appointments confirmed in writing are considered binding. An eventual delivery delay does not entitle the ordering party to withdraw from the contract or demand compensation. In case of events beyond our control, such as acts of nature, mobilization, war, riots, epidemics, accidents, illnesses, considerable business disruptions, labour disputes, delayed or faulty sub-supply of necessary materials and official directives, etc. the appointment will be extended within reasonable limits.

8. Conditions of payment

We invoice on delivery or partial delivery. Payment is due 30 days net effective from date of invoice. Unauthorized deductions will be recharged at the customers’ cost. We prohibit the setting off of any type of counter claim. Non-compliance with our conditions of payment releases us from the supplier obligations, but does not release the buyer from the purchase obligation.

Title to the products supplied shall not pass to the purchaser but shall retained by us until full price has been paid to us in cleared funds by customer.

9. Warranty

We take the necessary care to ensure that our products and services fulfil the assured properties. Before using our products the customer must assure that they are suitable for the intended purpose. The goods must be inspected immediately after receiving. Complaints will only be excepted if they are filed within 10 days after arrival of the shipment. Shipments with eventual, visible transport damage are to be accepted under reserve and must be reported to the freight forwarding company within the legally stipulated time frame. Material, that has proven manufacturing deficiencies, will be replaced to the ordering party, free of charge. We do not recognize consequential damages. We are not liable for deficiencies that we are not aware of and that arise over the course of time. Material returns are only permitted after prior agreement.
In all cases Desca AG has the right to rework the goods. In addition, as the case may be, the warranty conditions of the respective manufacturers apply. Common branch tolerances apply in terms of conformity of samples and dimensional accuracy. Our consultancy is to the best of our knowledge, but without guarantee.

10. Transportation

Shipping is at the risk of the ordering party. Shipments that are damaged when they reach their destination shall only be accepted after the damage has been determined by the freight forwarder and under reserve.

11. Export

The customer is responsible for compliance with all relevant domestic and foreign export regulations.

12. Place of performance and jurisdiction

Place of performance for deliveries and payments as well as jurisdiction for any disputes for both parties is 8953 Dietikon, Switzerland. Only Swiss law will apply.

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