Terms of service
GENERAL TERMS AND CONDITIONS
1. Scope
1.1 These General Terms and Conditions (“GTC”) govern the contractual relationship between Precious Metal Casting AG (“Supplier”) and its customers (“Customer”). Deviating conditions of the Customer or third parties are only valid if expressly confirmed in writing by the Supplier.
1.2 Supplementary agreements or deviations from these GTC require written form. Confirmed e-mails meet this written form requirement. Oral agreements are only binding if confirmed in writing by the Supplier.
1.3 The current version of the GTC, available on the Supplier’s website, always applies.
2. Orders and Quotations
2.1 The Customer must describe in writing the work to be carried out by the Supplier precisely and explicitly point out any special features or existing cavities (see Sec. 10.2). Failure to do so excludes any liability for damages or defects. Telephone agreements made when placing the order must subsequently be submitted in writing.
2.2 Upon request, the Supplier will issue a written quotation for the desired execution. Verbal price information is non-binding. Since the weight may vary due to sprues, the quotation is based on an estimated theoretical weight. Quotations are valid for 30 days; for precious metals, the daily rate applies.
2.3 Projects at Customer’s risk: Before starting production, the Supplier examines the castability of submitted models or 3D files. Three outcomes are possible:
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Casting is possible without problems;
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Casting is possible but entails risks;
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Casting is not possible.
For geometrically demanding files, success cannot be guaranteed. At the Customer’s request, production may still be carried out – in this case “at Customer’s risk” – with the Customer bearing the full costs regardless of the outcome.
2.4 Sprues: To guarantee casting quality, sprues should not be attached by the Customer. The desired sprue area can be specified.
3. Delivery Deadlines
3.1 For raw castings in standard alloys, the standard delivery time within Switzerland is 4–6 days. For series production, finishing, gilding, or polishing, the time is extended accordingly. The period begins upon contract conclusion, receipt of all official permits, complete advance or down payment, and clarification of all technical details. Delivery is deemed on time if readiness for shipment is notified by the deadline. Fixed dates are binding only if agreed and confirmed in writing; otherwise, dates are non-binding estimates. Sufficient time must be allowed for possible casting errors. The Supplier endeavors to meet stated delivery times but assumes no guarantee and is not liable for transport delays (see Sec. 4.3).
3.2 The delivery period is extended if:
a) the Customer makes changes after contract conclusion with Supplier’s consent or delays agreed prepayments/guarantees;
b) the Customer fails to provide documents or information on time or does not cooperate properly.
In such cases, withdrawal, damages, or other claims are excluded. Provisions on force majeure (Sec. 10) remain unaffected.
3.3 If delivery does not take place within the regular or extended period, the Customer must set the Supplier an appropriate grace period for performance by registered letter before withdrawal.
3.4 If delivery still does not occur within this grace period, the Customer may withdraw from the contract. Claims for damages or other rights due to delayed or omitted delivery are excluded.
4. Delivery
4.1 Unless otherwise agreed, benefit and risk pass to the Customer upon handover to the carrier or a person designated by the Customer.
4.2 The Customer bears the loading risk, even if loading takes place on the Supplier’s premises. Shipment and transport are at the Customer’s risk. Upon request, the Supplier may consider involving its own insurance. Registered letters are insured up to CHF 5,000, and registered parcels up to CHF 50,000 (only for shipments from the Supplier to the Customer). If the insurance refuses coverage, the Supplier has no obligation.
4.3 If delivery is delayed for reasons not attributable to the Supplier, risk passes to the Customer from the originally scheduled delivery date; storage and insurance are then at the Customer’s expense and risk.
5. Prices and Payment Terms
5.1 All prices are net ex works in CHF, plus ancillary costs such as transport, taxes, and VAT.
5.2 Precious metals are invoiced at the daily rate on the delivery date.
5.3 Orders may be made subject to advance payment or security.
5.4 Invoices must be paid within 10 days from invoice date; for settlement via precious metal account within 30 days. Payments are net without deductions. In case of delay, 5% p.a. default interest is charged; furthermore, the Supplier may refuse further deliveries or demand prepayment.
5.5 Warranty claims or notices of defects do not release the Customer from the payment obligation until a final court decision is made.
5.6 In case of default, all claims become due immediately.
5.7 Set-off by the Customer is excluded.
6. Production, Storage, and Destruction of Molds and 3D Files
6.1 Upon request, the Supplier may store the original prototype on site free of charge. As a rule, the original prototype is returned to the Customer for safekeeping. If it cannot be returned, the Supplier is not liable for reproduction or re-manufacture of the mold. In principle, 50% of the mold production costs are charged. In cases of heavy wear, the Supplier covers the cost of remanufacture; the decision lies with the Supplier. Molds remain the property of the Supplier, are stored by it, and can be purchased by the Customer upon payment of the remaining production costs.
6.2 If no orders are placed for five years, the Supplier may destroy the molds after prior notice. The Customer may acquire them within 30 days upon payment of the remaining costs. 3D files are stored for at least five years and become the property of the Customer after full payment.
6.3 Further claims, in particular compensation, are excluded.
7. Precious Metal Account
The account balance must be positive; otherwise, the entire delivery will be invoiced.
8. Inspection – Acceptance
8.1 The Supplier inspects deliveries randomly before dispatch. Additional inspections must be agreed in writing when placing the order; costs are borne by the Customer.
8.2 The Customer must inspect the goods immediately and report defects in writing within 10 days; otherwise, they are deemed accepted.
9. Warranty and Exclusions
9.1 The Supplier delivers goods free of defects and remedies defects by recasting. For direct casting from wax without silicone mold, any liability is excluded. Rescission, reduction, or damages are excluded. Defects must be claimed under Sec. 8 and within six months.
9.2 In case of errors by the Supplier, the full amount will be refunded once all precious metal from the defective project has been returned.
9.3 Precious metal waste such as sprues or filings will not be taken back and must be sent directly to a refinery.
9.4 For prototypes with cavities, the Customer must state this in writing, otherwise liability is excluded.
9.5 The Customer guarantees ownership of all necessary intellectual property rights and indemnifies the Supplier against any infringements.
9.6 No guarantee is given for the functionality of the model.
9.7 Sprue channels are determined exclusively by the Supplier.
9.8 The Customer is informed and acknowledges that production does not follow ISO GPS or NIHS standards and is not CNC-based.
9.9 No metric inspection is performed by the Supplier; this is the Customer’s responsibility.
9.10 Any liability for consequential or indirect damages is excluded, as are recourse claims by third parties.
9.11 Liability never exceeds the order value.
10. Force Majeure
10.1 Force majeure includes all circumstances beyond the Supplier’s control, such as natural events, official measures, war, unrest, terrorist acts, fires, explosions, floods, epidemics, pandemics, operational disruptions, labor disputes, or delayed/defective supplies.
10.2 In case of force majeure, the Supplier may extend the delivery period or withdraw wholly or partially from the contract without the Customer having any claims for damages.
11. Severability Clause
Should one or more provisions of these GTC be wholly or partly invalid or unenforceable, the validity of the remaining provisions remains unaffected. Instead of the invalid or unenforceable provision, a valid and enforceable provision shall apply that comes as close as legally possible to the economic purpose of the invalid or unenforceable provision. The same applies in the event of a contractual gap.
12. Place of Performance, Jurisdiction, Applicable Law
12.1 This contract, including these GTC, is governed exclusively by the substantive law of the Swiss Confederation. The application of the provisions of private international law (including conflict of law rules of the Swiss PILA) and of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG, “Vienna Sales Convention”) is excluded. Only substantive Swiss law applies, regardless of the place of physical execution or performance of contractual obligations.
12.2 For all disputes arising out of or in connection with this contract, including these GTC – subject to mandatory statutory jurisdictions under the Swiss Code of Civil Procedure – the ordinary courts at the Supplier’s registered office have exclusive jurisdiction. The Supplier is also entitled to sue the Customer at its domicile or registered office, at the place of a branch office, or at any other legally permissible jurisdiction.