The following General Terms and Conditions of Sale and Delivery apply to all sales transactions for fuels (except purchases at filling stations), conducted between volenergy AG (hereinafter referred to as "Seller") and the orderer (hereinafter referred to as "Buyer").

1. Quotation/conclusion of contract: All quotations are subject to change unless otherwise stated in the respective offer. The contract is concluded by acceptance of the telephone order. The Seller reserves the right to record sales discussions without prior notice to the extent permitted by law. In the case of written orders, the contract is concluded as soon as it has been confirmed by the Seller, unless the order is issued within the framework of a binding quotation. After each order, the Buyer receives a written order confirmation. These General Terms and Conditions of Sale and Delivery are deemed accepted by the Buyer if the Buyer does not object in writing within five days of the order date.

2. Prices and payment terms: The sales price for the selected product includes the applicable VAT, all fees, charges and customs duties, as well as transport, handling and insurance costs. The volume of the goods, converted to 15° Celsius, determined using the officially calibrated measuring device, is decisive when invoicing tanker deliveries. Any change to the sales price due to an increase in VAT, customs, Carbura or fiscal levies or due to an increase or introduction of other public levies, which occur between the conclusion of the contract and the delivery of the goods to the Buyer, shall be borne by the Buyer. The sales prices agreed in the order are due for payment strictly net within the period printed on the order confirmation. After expiry of this period, the Buyer is in default and the Seller is entitled to charge default interest of 5%. The Seller charges the Buyer CHF 10.00 per reminder for administration costs and expenses.

3. Delivery and compliance with legal regulations: The delivery takes place during the contractually agreed delivery period, whereby the Buyer has no claim to a specific delivery time within the period. The Buyer is notified of the delivery by the previous day at the latest. The Seller can appoint third parties to carry out the delivery. The Buyer ensures that access to the tank is guaranteed without restrictions on the day of delivery. Access to the place of unloading must be permitted by law for tankers with a total weight of at least 25 tonnes, a width of 2.50 m and a height of 3.40 m and without additional effort. Deliveries that require the use of additional personnel or require a hose length of more than 50 metres will only be carried out subject to the additional costs being charged. For urgent deliveries or deliveries outside normal working hours, a surcharge will be charged for the extra journey. The Buyer is responsible for ensuring that its tank and measuring device are in perfect technical condition and that all legal requirements are met. If the delivery has to be divided into more than one tank in deviation from the order, volenergy has the right to charge the Buyer any higher prices in accordance with the individual unloading quantities.

4. Delivery quantity: The quantity stated in the order confirmation corresponds to the quantity ordered by the Buyer. Should the quantity actually filled deviate from the ordered quantity by more than 10% for reasons for which the Buyer is responsible, the Seller has the right to apply the price of the corresponding quantity category. If the delivery quantity per unloading is more than 10% less than or at least 500 litres less than the ordered quantity for reasons that the Seller is responsible for, the Buyer can demand that the rest is delivered within fourteen days at no additional cost. In the case of delivery quantities that exceed the order quantity (particularly in the case of a top-up purchase), the Seller is entitled to invoice the entire excess quantity at the daily price if the price change between the order date and delivery date makes it impossible to replenish at the originally agreed terms.

5. Default in acceptance and delivery: If the Buyer is in default of acceptance due to non-acceptance of the ordered delivery after the agreed delivery period, the Seller can either store the ordered quantity at the Buyer's expense and sell it with the court's approval or, after prior written notification, sell it independently at the applicable market price. If the selling price is lower than agreed upon in the order at the time of sale, the Seller is entitled to invoice the Buyer for the difference as well as the storage, administration and interest costs. Storage, administration and interest costs are CHF 2.00 per 100 litres per month. If the selling price is higher than the price according to the order, only the storage, administration and interest costs are charged to the Buyer. If the delivery by the Seller is late, the Buyer is entitled to demand delivery within 30 days in writing.

6. Reservation of ownership: The goods delivered by the Seller remain the property of the Seller until the purchase price has been paid in full. In this case, the Buyer undertakes to grant free access to the delivered goods and expressly waives any kind of objection.

7. Complaints: Any complaints and notifications of defects must be made to the Seller in writing within three days of delivery, otherwise it will be assumed that the delivery has been completed without problems.

8. Force majeure: In the case of force majeure, the Seller is completely released from its obligation to deliver, rectify deliveries and pay damages. The following in particular are classed as force majeure: War, riots, strikes, acts of terror, quotas, natural disasters, import and export bans and other official measures in Switzerland and abroad.

9. Purpose of the goods: The Buyer has a responsibility towards the Federal Customs Administration and towards the Seller for ensuring that the purchased goods will only be used in accordance with the customs regulations. Heating oil is taxed at a preferential rate and therefore may only be used for combustion for heat generation purposes. Violations and misappropriation are punished according to the Mineral Oil Tax Law.

10. Withdrawal from the contract: If there are important reasons (e.g. the sale of a house, death), the Buyer or its successors may withdraw from the contract under the following conditions: Payment of any difference between the price agreed in the order and that at the time of withdrawal. In addition, cancellation fees will be charged in the amount of CHF 200.00. If the daily price is higher at the time of withdrawal than at the time of the order, the Buyer will only be charged the cancellation fees.

11. Deviations from the General Terms and Conditions of Sale and Delivery: Amendments and additions to these General Terms and Conditions of Sale and Delivery must be made in writing.

12. Place of jurisdiction and applicable law: The place of jurisdiction for any disputes is Aarau, unless a mandatory place of jurisdiction applies. Swiss law applies.

 

Version 06.2024

 

 

+ + + IMPORTANT NOTE FROM THE CUSTOMS ADMINISTRATION + + +

USAGE RESTRICTION FOR HEATING OIL: This heating oil was taxed at a preferential rate and may therefore only be used for combustion for heat generation purposes. Any other use (e.g. as fuel or for cleaning purposes) is prohibited. Infringements will be punished according to the Mineral Oil Tax Act.

USAGE RESTRICTION FOR OTHER GOODS: These goods were taxed at a preferential rate and may therefore only be used for the purpose specified in your usage commitment or in accordance with the usage description on the invoice.

FEDERAL SUPREME CUSTOMS DIRECTORATE, Mineral Oil Tax Section