Terms & Conditions
Applicability
These Terms and Conditions of Sale and Delivery (hereinafter referred to as “Terms and Conditions”) shall apply to all and each sale and delivery transaction(s) between Gold Standard KG (hereinafter referred to as “Gold Standard”) and its contractual partners (hereinafter referred to as “Buyer”). Gold Standard and Buyer are collectively referred to as “Parties”. These Terms and Conditions govern the Parties’ rights and obligations.
These Terms and Conditions shall apply exclusively. The Buyer’s business terms and conditions or amendments to these Terms and Conditions shall not constitute a part of the contract even if Gold Standard does not contradict them. Any variations, amendments, changes or alterations of these Terms and Conditions require the express written consent of Gold Standard.
These Terms and Conditions shall apply to all future sale and delivery transactions between the Parties.
Offer, Acceptance and Conclusion of the Contract
A Letter of Intent from the Buyer shall be deemed as a binding offer. An acceptance of the Letter of Intent from Gold Standard will result in the drafting of the Sale of Goods contract between the two parties. Once the Sale of Goods contract is approved and signed between the two parties, the contract is enforceable and executed with Gold Standard’s acceptance of the Buyer’s order by the Proof of Funds confirmation (via e-mail, fax or letter). Neither verbal offers nor verbal agreements are binding for Gold Standard.
Advice of any kind, especially with regard to the fitness of the purchased goods to the Buyer's specific intended use, shall not be the subject of the contract. Any Buyer’s information shared with Gold Standard concerning intended use of the goods shall not be a commercial basis of the contract. The examination of the product suitability for the specific intended use shall be the Buyer’s obligation.
Prices and Delivery Conditions
The prices, currency and delivery conditions shall be confirmed by Gold Standard’s order confirmation. All prices are exclusive of value added tax (VAT) that shall be paid by the Buyer.
In case of significant changes in raw materials prices, or other price relevant economic circumstances in the time between the day of contract conclusion and the day of delivery, Gold Standard shall be entitled to a reasonable price adjustment. The price adjustments shall be in writing and is not subject to be in advance.
The goods shall be delivered in accordance with the agreed terms of delivery stated in the Sale of Goods contract and the Invoice issued to Buyer.
The confirmed delivery dates will be met to the best of our ability. Partial deliveries or delayed deliveries do not entitle the recipient to withdraw from the contract. If the Buyer suffers damage as a result of a delay in delivery, Gold Standard shall only be liable for such damage if the delay is due to gross negligence.
Withdrawal from the Contract
Gold Standard may withdraw from the contract if the Buyer has failed to fulfill his obligations to cooperate set by Gold Standard to the Buyer or if Gold Standard’s performance became impossible for unforeseeable reasons for which Gold Standard is not responsible and which cannot be eliminated at reasonable expense due to permanently insurmountable obstacles to performance.
Gold Standard may withdraw from the contract if the Buyer failed to ensure the payment of the agreed price by the agreed delivery date.
In case of Gold Standard’s withdrawal, the Buyer shall not be entitled to any compensation, indemnity, damages or other payment in respect to such withdrawal excluding the reimbursement of Buyer’s payments made according to this contract.
Retention of the title
The ownership of the goods delivered shall retain by Gold Standard until payment under the sale and delivery contract is received in full.
Place of Jurisdiction and Choice of Law
The place of jurisdiction for both parties is the Canton of Zug, Switzerland. This contract is subject to Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.