These General Terms and Conditions of Sale and Delivery apply to all sales transactions for heating and vehicle fuels (except purchases at filling stations), conducted between volenergy AG (the Seller) and the purchaser (the Buyer).

1. Quotation/conclusion of contract:All quotations are subject to change unless otherwise stated in the individual quotation. 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 as part of a binding quotation. After each order, the Buyer will receive a written order confirmation. These Terms and Conditions 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 the expiration of this period, the Buyer is in default and the Seller is entitled to charge default interest of 5%. The Seller will charge the Buyer CHF 10.00 per reminder for administration costs and expenses.

3. Delivery and compliance with legal regulations:The delivery will be made during the contractually agreed delivery period. The Buyer has no claim to a specific delivery time within that period. The Buyer will be notified of the delivery by the previous day at the latest. The Seller can appoint third parties to effect the delivery. The Buyer shall ensure unrestricted access to the tank 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 tons, a width of 2.50 m, and a height of 3.40 m, without additional effort. Additional costs will be billed for deliveries that require additional personnel or a hose length of more than 50 meters. For urgent deliveries or deliveries outside normal working hours, a surcharge will apply for the special trip. 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, in deviation from the order, the delivery has to be divided into more than one tank, volenergy has the right to charge the Buyer higher prices based on the individual unloading quantities.

4. Delivery quantity:The quantity stated in the order confirmation corresponds to the quantity ordered by the Buyer. Should the filled quantity 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 short by more than 10% or at least 500 liters less than the quantity ordered, for reasons for which the Seller is responsible, the Buyer can demand delivery of the remainder within fourteen days at no extra 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 at the time of the sale is lower than the price agreed in the order, 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 liters per month. If the selling price is higher than the price in the order, the Buyer will only be charged for the storage, administration, and interest costs. If the Seller is in default of delivery, the Buyer is entitled to demand delivery within 30 days in writing.

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

7. Complaints:Any complaints or claims must be notified to the Seller in writing within three days of delivery. Otherwise, the delivery will be deemed to have been accepted without reservation.

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, quota restrictions, natural disasters, import and export bans and other official measures in Switzerland and abroad.

9. Purpose of the goods:The Buyer has a responsibility toward the Federal Customs Administration and the Seller to ensure that the purchased goods will be used only for the purpose intended under customs regulations. Heating oil is taxed at a preferential rate and therefore may only be used as a heating fuel. Violations and improper use will be prosecuted under the Mineral Oil Tax Act.

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, cancelation 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 cancelation fees.

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

12. Legal venue and applicable law: The legal venue for any disputes is Aarau, unless a mandatory legal venue applies.Swiss law applies. 

 

Version 01.2015

 

 

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

USAGE RESTRICTION FOR HEATING OIL: This heating oil was taxed at a preferential rate; it may therefore only be used as a heating fuel. Any other use (e.g. as vehicle fuel or for cleaning purposes) is prohibited. Violations will be prosecuted under the Mineral Oil Tax Act.

USAGE RESTRICTION FOR OTHER GOODS: This product was taxed at a preferential rate; it may therefore only be used for the purpose specified in your usage commitment or in accordance with the usage description on the invoice.

DIRECTORATE GENERAL OF CUSTOMS, Mineral Oil Tax Section