Terms and Conditions of Technomag AG

Issue August 2026 

 

1. General Information

1.1. These General Terms and Conditions (GTC) govern the contractual relationship between the customer and Technomag AG (hereinafter ‘Technomag’) and the handling of the goods and services offered by Technomag (hereinafter ‘products’), irrespective of the sales channel (including, amongst others, via the online shop).

1.2. Any terms and conditions of the customer that conflict with or deviate from these GTC are only valid if they have been accepted in writing by Technomag on a case-by-case basis and prior to the conclusion of the contract (in accordance with clause 3.3).

1.3. In the event of any inconsistencies between the contractual documents, the following order of precedence shall apply, unless the parties expressly agree otherwise in writing: (a) individual written agreements between the parties, (b) Technomag’s order confirmation, (c) the annexes and service specifications expressly incorporated therein, (d) these General Terms and Conditions, and (e) the customer’s order. The Customer’s general terms and conditions or any other pre-formulated terms shall not apply. More specific provisions shall take precedence over more general provisions at the same level of hierarchy. Furthermore, the contractual documents shall be interpreted in such a way as to avoid contradictions as far as possible and to ensure that all provisions remain valid.

1.4. These General Terms and Conditions form an integral part of all contracts concluded between the customer and Technomag. The customer accepts these General Terms and Conditions by submitting their order. The customer will be notified of any amendments to these General Terms and Conditions in an appropriate manner.

1.5. Technomag’s products are intended solely for businesses and their employees in the course of their professional activities. Technomag’s range of products is not aimed at consumers.

1.6. Orders for Technomag products may be placed by email, post, telephone or via the online shop. The customer confirms that the information provided is true and complete, and that the products will be used in the course of their professional or commercial activities.

2. Registration as a customer

2.1 SAG Group companies are registered as customers. Companies outside the SAG Group may also be registered as customers.

2.2. Technomag accepts no liability for damage caused by transmission errors, operational errors, technical faults, malfunctions and service interruptions attributable to the customer’s or a third party’s IT systems, or for damage caused by unlawful interference with the customer’s or a third party’s IT systems. Damage caused by the misuse of the user account or incorrect handling shall be attributed to the customer, provided that such incidents are attributable to the customer or third parties and not to Technomag.

2.3. Provided that the fulfilment of ongoing contractual relationships is not affected, the customer has the right at any time to request in writing the deletion of their registration.

2.4. In this case, Technomag will delete all user data and all other personal data stored about the customer as soon as it is no longer required for the fulfilment of the contractual relationship and is no longer required to be retained in accordance with statutory provisions.

3. Offers / Orders / Product availability

3.1. The presentation of Technomag’s products in catalogues and price lists does not constitute an offer, but rather an invitation to submit a quotation, and is non-binding on Technomag.

3.2.  An order for a product (goods or services) placed by the customer via any means of communication (by email, telephone or post) constitutes a binding offer on the part of the customer.

3.3. A contract between the customer and Technomag is concluded upon Technomag sending the order confirmation. Technomag reserves the right to refuse to process an order without giving reasons or to impose quantity restrictions.

3.4. Technical specifications, including those relating to the interconnection of individual products with one another and/or with vehicles and existing workshop equipment, as well as the description of the product in quotations, brochures and other information, are, unless otherwise stated in the order confirmation, non-binding and do not constitute a legally binding assurance of characteristics. The information is provided by various sources; therefore, Technomag accepts no liability for the accuracy, completeness, timeliness or suitability of the technical data in relation to the customer’s intended use. Claims by the customer for direct or indirect damage arising therefrom are excluded, and it is the customer’s sole responsibility to verify the suitability of the products for the intended purposes of the customer or their customers.

3.5. Technomag points out that changes may be made to the products to be supplied even after the contract has been concluded; Technomag has no influence over such changes, as they are made by the manufacturers or are required on the basis of statutory or regulatory requirements. Technomag accepts no liability or warranty for such changes.

3.6. Technomag accepts no liability or warranty regarding the availability of the products and reserves the right to fulfil the contract only to the extent that the products ordered are actually available or that Technomag receives timely delivery from the manufacturers or suppliers. Delays in delivery or cancellations do not give rise to any liability or obligation to pay compensation on the part of Technomag. If the customer has already paid by credit card or in advance, they are entitled to a refund of the purchase price should Technomag be unable to deliver or deliver late. Where there are valid reasons, Technomag is entitled to replace the product of a specific brand ordered by the customer with a functionally identical product of another brand which is objectively equivalent. The customer must be informed of this replacement and, in the event of such a replacement, has the right to refuse the replacement and/or to withdraw from the contract.

4. Delivery / Transfer of risk

4.1. The place of performance is the destination specified by the customer. Delivery shall be made directly to the delivery address and contact person provided by the customer during registration or as specified in the order.

4.2. Deliveries within Switzerland shall be made in accordance with the details provided at the time of ordering. Unless otherwise agreed in writing on a case-by-case basis, the specified delivery times are always approximate. Technomag accepts no liability for a specific delivery date.

4.3. The delivery period begins on the day following the expiry of the period specified in clause 3.3, provided that all the customer’s obligations (e.g. payment terms, documents to be supplied by the customer, fulfilment of prior obligations) have been met. Technomag is entitled to fulfil the contract ahead of schedule.

4.4. If, due to force majeure, Technomag is unable to fulfil its contractual obligations in whole or in part, or is unable to do so on time, or can only do so at disproportionate expense, it shall be released from the relevant performance obligations for the duration and to the extent of the effects of the event; agreed delivery and completion deadlines shall be extended accordingly. Force majeure shall be deemed to consist of events lying beyond Technomag’s reasonable control, which were unforeseeable at the time the contract was concluded and which could not be avoided even with the exercise of due care, in particular natural disasters, fire, floods, epidemics and pandemics, war, armed conflicts, acts of terrorism, civil unrest, strikes and lawful lockouts, official measures, sanctions, export, import or transit bans, significant failures of energy, transport, telecommunications or IT infrastructure and cyber-attacks, as well as delivery failures or delays on the part of manufacturers and suppliers.

Technomag shall inform the customer without delay of the occurrence, expected duration and cessation of the event and shall take all reasonable measures within its power to minimise the impact of the event.

Claims for damages and other claims by the customer arising from non-performance or delay caused by force majeure are excluded to the extent permitted by law.

If the event lasts for more than six weeks, or if it is foreseeable that it will last for more than six weeks, either party may terminate the part of the contract affected by the event in writing; payment must be made for any services already duly rendered. Further mandatory statutory rights remain reserved.

4.5. The choice of dispatch location, route of transport and means of transport shall be made by Technomag at its own discretion and without any guarantee of the cheapest and/or fastest transport.

4.6. Technomag is entitled to make partial deliveries and provide partial services, provided that these are reasonable for the customer, taking into account the purpose of the contract, and can be used independently, or are objectively justified for the further performance of the contract. Each partial delivery and partial service may be invoiced separately; the remuneration due for these shall be payable in accordance with the agreed terms of payment. Delivery times and completion dates for the outstanding parts remain unaffected by this.

4.7.  Delivery within Switzerland or abroad is at Technomag’s expense. Technomag organises the transport and bears all costs until the goods arrive at the agreed location.  The customer is responsible for the costs of unloading the goods, import clearance and all applicable customs duties, taxes and import charges in the destination country. Any additional costs incurred by the customer – irrespective of the agreed Incoterms – shall be borne by the customer and will be invoiced to the customer by Technomag.

4.8. For all deliveries, the risk passes to the customer at the moment the goods are made available (ready for unloading) on the arriving means of transport at the agreed destination.

4.9. Technomag may refuse to make deliveries or carry out work if the customer has any outstanding debts due to Technomag.

5. Obligation to accept delivery / Cancellation

5.1. The customer is obliged to accept the products delivered by Technomag, provided that the customer has actually ordered the delivered products or that Technomag has replaced the ordered products with products of objectively equivalent value.

5.2. The return of products is excluded.

5.3. The customer shall be in default of acceptance if they fail to accept the products duly offered by Technomag at the agreed time, fail to collect them in good time where collection by the customer has been agreed, or fail to provide the necessary cooperation for the delivery or service in good time. Such default in acceptance shall not prevent the transfer of benefit and risk to the customer.  . Technomag shall be entitled to store the products at the customer’s expense and risk, or to have them stored by a third party, and to charge the customer for all reasonable additional costs incurred as a result of the default in acceptance, in particular storage, transport, insurance and redelivery costs. The due date of the agreed remuneration remains unaffected. If the customer fails to accept the products even within a reasonable grace period set by Technomag, Technomag may, at its discretion, either insist on performance of the contract or, to the extent permitted by law, withdraw from the contract and claim damages. Technomag reserves its statutory rights, in particular the right to deposit or dispose of the products.

6. Prices

6.1. Subject to any individual written agreement, prices shall be calculated in accordance with the rates applicable at the time the contract is concluded, as set out in clause 3.3. Prices shall be stated on the delivery note; alternatively, Technomag shall send a current price list, including the minimum order quantity (MOQ) and unit price. Technomag expressly reserves the right to adjust prices at any time. However, such price adjustments do not apply to contracts that have already been concluded. Should Technomag, in exceptional circumstances, adjust prices after the contract has been concluded, the customer shall be entitled to withdraw from the contract.

6.2. Prices are calculated on the basis of the applicable Incoterms.

6.3. Unless otherwise agreed, all invoices are payable (net) in Swiss francs within 30 days of the invoice date, without any discount. Different payment terms shall be agreed on a case-by-case basis.  Incoterms shall be agreed on a case-by-case basis.

6.4. In the event of failure to meet the payment deadline set out in clause 6.3 and following the expiry of a reasonable grace period, the customer shall be in default without the need for a formal reminder and shall owe default interest at a rate of 5% per annum. Technomag shall charge an administration fee of CHF 30 for each reminder, whilst reserving the right to claim further damages. Furthermore, Technomag is entitled to withdraw from the contract without granting a grace period, to rescind the contract and to claim damages.

6.5. The customer may not set off any counter-claims against the payment due. Furthermore, the customer is not released from their obligation to pay, even if they claim to have entitlements (e.g. due to defects) arising from the contract with Technomag.

6.6. Technomag is entitled, prior to the conclusion of the contract and during the course of the business relationship, to verify the customer’s identity, solvency and creditworthiness and, to this end, to obtain information to the extent permitted by law from credit reference agencies, debt enforcement offices, public registers and other appropriate bodies, and to take relevant payment history into account. Technomag may grant the customer a credit limit, adjust or revoke this at any time for future orders, and make the acceptance or further fulfilment of orders conditional upon advance payment, cash on delivery or the provision of appropriate security, in particular a bank guarantee, surety or deposit. This applies in particular to first-time orders, where the credit limit is exceeded, in the event of late payment, suspension of payments, an application to open bankruptcy or composition proceedings, or if, after the conclusion of the contract, circumstances come to light that give rise to reasonable doubts as to the customer’s solvency or creditworthiness. Until the required advance payment or security has been paid in full, Technomag is entitled to withhold any deliveries and services not yet performed; agreed delivery and performance deadlines shall be extended accordingly. If the customer fails to make a justifiably requested advance payment or provide security within a reasonable period set by Technomag, Technomag may withdraw from the contract in question and claim damages. Mandatory statutory rights remain reserved.

6.7. The customer must inform Technomag in writing without delay if they suspend payments, apply for a moratorium on debt repayment, if bankruptcy proceedings are commenced in respect of their assets, or if comparable insolvency or reorganisation proceedings are applied for or commenced. Should any such event occur, or if specific circumstances indicate that the customer is facing imminent insolvency, Technomag shall, to the extent permitted by law, be entitled to withhold any deliveries and services not yet performed until full payment in advance has been made or adequate security has been provided, to revoke any credit limits granted, and to immediately enforce all claims already incurred and due. If the customer fails to provide the required advance payment or security within a reasonable period set by Technomag, Technomag may terminate the affected contracts that have not yet been fully performed, in whole or in part, with immediate effect and claim damages in accordance with the statutory provisions. Where bankruptcy or composition proceedings have already been initiated, the exercise of these rights, the handling of mutual claims and the filing of claims shall be governed exclusively by mandatory Swiss insolvency law. The rights of the bankruptcy administrator and any trustee, as well as mandatory provisions relating to avoidance, set-off and creditor protection, remain reserved.

7. Retention of title

7.1. Technomag shall remain the owner of the delivered products until Technomag has received the payments due under the contract in full.

7.2. The Customer hereby irrevocably authorises Technomag, at the Customer’s expense, to register the retention of title in the relevant official register of retention of title at the Customer’s respective place of residence or registered office in accordance with Article 715 of the Swiss Civil Code (ZGB) and to make all necessary declarations in this regard. The Customer undertakes to inform Technomag in writing in advance of any change to its registered office.

7.3 In the event that the products are resold by the customer in the ordinary course of business, mixed with other items or incorporated into other movable property (in particular machinery, plant or equipment), the customer hereby assigns to Technomag, by way of security, all claims and ancillary rights arising therefrom against its customers or third parties in full (assignment by way of security in accordance with Art. 164 et seq. OR).

7.4 Where the goods are fitted into or incorporated into a machine, this assignment shall apply regardless of whether the goods are resold before or after such incorporation. The assignment covers both the customer’s claims for the purchase price and for labour costs against its end users.

The customer remains authorised to collect these claims alongside Technomag. The authorisation to collect these claims shall lapse automatically if the customer defaults on payment, suspends payments or an application is made to open bankruptcy or insolvency proceedings. In such a case, the customer is obliged to provide Technomag immediately with all information necessary to enforce the assigned claims and to hand over the relevant documents.

8. Warranty

8.1. Subject to the following restrictions, the statutory provisions regarding warranty against defects shall apply. Any further guarantees are excluded.  In the event of a defect, Technomag shall, at its discretion, be entitled to rectify the defect free of charge within a reasonable period or – provided that a suitable replacement product is available and can be delivered within a reasonable period – to supply a defect-free replacement product.

The customer must, in principle, allow Technomag two attempts at rectification. If the rectification fails on the second attempt, is definitively refused by Technomag, or is impossible or unreasonable for the customer, the customer is entitled to withdraw from the contract.

The customer’s statutory rights to a reduction in price and to compensation for defects, in particular pursuant to Art. 197 et seq. of the Swiss Code of Obligations (OR), are excluded to the extent permitted by law. This is without prejudice to claims arising from fraudulent misrepresentation or from damage caused by Technomag through wilful misconduct or gross negligence, as well as other claims which cannot be excluded or limited under mandatory law.

8.2. The customer must carefully inspect the delivered products and the workshop or maintenance work carried out immediately upon delivery or upon completion of the work, in accordance with normal business practice, to ensure they are complete, correct, free from apparent defects, incorrect deliveries and other discrepancies. Visible defects and discrepancies must be reported to Technomag in writing no later than five working days after delivery or completion of the work. The notice of defect must include at least the customer number and the invoice or delivery note number, the item number, the quantity concerned, the date of delivery or service, and a sufficiently specific description of the defect or discrepancy and its appearance. Where reasonable, photographs, diagnostic reports or other suitable evidence must be enclosed. Defects that are not immediately apparent must be reported in writing, including the same details, no later than five working days after their discovery. If notification is not made in due time and form, the products or services shall be deemed to have been accepted with regard to the defect in question. Where a product is integrated into a fixed structure in accordance with its intended purpose and causes its defectiveness, the mandatory statutory notice periods shall apply in place of the aforementioned five-day periods.

8.3 The customer must store the products subject to the complaint carefully until the inspection has been completed, protect them from further damage and, upon request, allow Technomag to carry out an inspection. Returns in connection with a complaint may only be made with Technomag’s prior authorisation and using the return number and return instructions provided by Technomag. The return must be made in full, properly packaged and, where applicable, accompanied by accessories and relevant documentation. The acceptance or inspection of a return does not constitute an acknowledgement of the defect or of any claim by the customer.

8.4 If the inspection reveals that the complaint is justified, Technomag shall bear the reasonable costs of the authorised return and fulfil the claim in accordance with the applicable warranty terms. If the complaint proves to be unjustified or if the condition complained of is due to a circumstance for which Technomag is not responsible, Technomag may charge the customer for the reasonable costs of inspection, processing, return, storage and, where applicable, disposal. Unauthorised, incomplete or inadequately packaged returns may be rejected or returned at the customer’s expense and risk. Disposal shall only take place with the customer’s consent or following the fruitless expiry of a reasonable collection period set by Technomag, and to the extent permitted by law.

8.5. The warranty is expressly excluded in the case of defects resulting from normal wear and tear, inadequate maintenance, improper storage, use or processing, failure to comply with operating instructions, incorrect operation, excessive strain such as use in motor racing, etc., natural corrosion and other causes for which Technomag is not responsible. The warranty period shall expire prematurely if the customer or a third party carries out repair work on the defective product without Technomag’s prior written consent.

8.6 Should the customer become aware of an actual or suspected safety defect, an accident or incident involving a product, or of any recall, warning, replacement, retrofit or sales suspension measure issued by the authorities, the manufacturer or any other party, they must inform Technomag in writing without delay and provide it with all available relevant information and documentation. The customer must refrain from making any independent public statements regarding the product in question, unless there is a legal obligation or an official order to do so, and must, where possible, coordinate such communications with Technomag.

8.7. If a competent authority, the manufacturer or Technomag orders or recommends a product recall or any other safety measure on grounds of product safety, the customer must immediately suspend the sale, installation or use of the affected products and follow Technomag’s instructions regarding their identification, securing, return, repair, retrofitting, replacement or disposal. The customer shall cooperate to a reasonable extent with traceability efforts, keep appropriate records of products purchased and resold, and, upon Technomag’s instruction, inform its customers and other affected third parties immediately, fully and in the prescribed form. Upon request, the customer shall grant Technomag access to the necessary product-related information, insofar as this is permitted under data protection law and other applicable legislation.

8.8. Technomag shall bear the reasonable and substantiated direct costs of any return, repair, retrofitting, replacement or disposal in accordance with clause 8.7, provided that the measure is due to a product defect for which Technomag or its manufacturer is responsible and the costs are not covered by the manufacturer or a third party. The customer shall bear any costs and damages arising from delayed or incomplete cooperation, failure to comply with instructions, improper storage, use or modification of the product, or from any unauthorised action or communication on the part of the customer. Any further claims shall be governed by the warranty and liability provisions of these General Terms and Conditions. Mandatory statutory obligations, official orders and product-specific safety regulations remain reserved.

9. Liability

9.1. Technomag shall be liable without limitation for damage caused by it through wilful misconduct or gross negligence. Furthermore, the following limitations of liability shall not affect liability for death or personal injury, strict liability under the Swiss Product Liability Act, or any other liability that cannot be excluded or limited under applicable law.

9.2. In the event of a negligent breach of contractual or non-contractual obligations, Technomag’s liability is excluded to the extent permitted by law. This applies in particular to indirect or consequential damages, loss of profits, loss of production or use, business interruptions and loss of data. In particular, Technomag shall not be liable for the costs arising from the removal and fitting of the replaced or parts to be replaced, nor for consequential damages of any kind resulting from the use of the defective parts.

9.3. Technomag’s liability for the acts and omissions of its agents, including employees, agents, subcontractors, carriers and other third parties engaged, is excluded to the extent permitted by law.

9.4. The above limitations of liability apply irrespective of the legal basis of the claim, in particular to claims arising from contract, tort, negligence during contract negotiations and warranty; they also apply in favour of Technomag’s organs, employees and agents.

10. Data Protection

10.1. The personal customer data collected by Technomag as part of customer registration and contract fulfilment is stored and may be used both for contract fulfilment and for other purposes, such as marketing and statistical analysis. In all such cases, the data may also be shared with and used by Technomag’s affiliated companies. Where necessary for the performance of the contract, the data may also be disclosed to third parties engaged to fulfil the contract (e.g. logistics service providers).

10.2. Where data is disclosed to recipients located in a country without adequate data protection, Technomag shall contractually oblige the recipient to comply with the applicable data protection regulations, unless the recipient is already subject to a legally recognised framework for ensuring data protection that is equivalent to Swiss data protection law, or Technomag can rely on an exemption provision (e.g. necessary for the performance of a contract).

10.3.  If the customer transmits data relating to third parties (e.g. employees of their company or customers affected by the order), Technomag is entitled to assume that this data is accurate and that the customer is authorised to transmit it. The customer is obliged, where necessary, to inform the third parties about the data processing.

10.4. The customer may notify Technomag in writing at any time that they no longer wish to receive marketing communications and/or have their data from spare parts orders used.

10.5.  In the event that Technomag provides the customer with an application that allows spare part specifications to be generated by entering the vehicle registration number, both Technomag and the customer undertake not to process data relating to vehicle registration numbers beyond the purpose of this service. Technomag accepts no liability for the completeness or up-to-date nature of the data provided. The customer undertakes to handle the data generated by the system with due care and confirms that they will not process the data for any purpose beyond that of the relevant service.

10.6. If the customer processes personal data themselves whilst using the online shop, they are responsible for complying with data protection regulations. The same applies if the customer transmits data to Technomag or has it processed by Technomag.

11. Copyright

11.1. Technomag reserves all rights of ownership and copyright in illustrations, drawings, calculations and other documents.

11.2. Customers are obliged to comply with trade mark and copyright regulations and, in particular, must not make any unauthorised use of trade marks and visual material belonging to Technomag or its suppliers (manufacturers). Any unlawful use by the customer has not been authorised by Technomag. Technomag accepts no liability and reserves the right to claim damages.

12. Final Provisions

12.1.  Any distribution partners or sales advisers of Technomag are not authorised to enter into commitments or give guarantees on behalf of Technomag. Such declarations shall only become binding once they have been approved in writing by Technomag.

12.2. Should any provision of these General Terms and Conditions or of a contract concluded on the basis thereof be or become wholly or partially invalid, impracticable or unenforceable, the validity of the remaining provisions shall remain unaffected, unless it can be assumed that the contract would not have been concluded without the provision in question. To the extent permitted by law, the invalid, impracticable or unenforceable provision shall be replaced by a valid and enforceable provision which comes as close as possible to the economic purpose of the provision in question and to the balance of interests originally agreed. The same applies to unintended omissions in the contract. Amendments, additions and ancillary agreements to a contract or to these General Terms and Conditions must be in writing to be valid, unless mandatory law or the contract requires a stricter form. In particular, email and post shall be deemed to satisfy the written form requirement. This also applies to any amendment or waiver of this requirement regarding form. The parties reserve the right to make individual agreements.

12.3. The Customer may only assign rights and obligations arising from the contract to third parties with Technomag’s prior written consent. Technomag is entitled to assign individual or all present and future claims arising from the business relationship, including any associated ancillary and security rights, in particular to group companies, banks, factoring companies or other financing and debt collection service providers. Technomag is also entitled to transfer contractual relationships, together with all rights and obligations, to a group company or a third party, provided that this does not materially prejudice the customer’s legitimate interests. Insofar as the customer’s consent is required for such a transfer of contract, the customer hereby grants such consent in advance; Technomag shall inform the customer of the transfer in an appropriate manner. This is subject to mandatory statutory provisions and the customer’s rights vis-à-vis the respective transferee.

12.4. Unless mandatory law or a contract requires a more formal method, legally significant notices, declarations and documents may be sent by email or post to the most recently notified business or email address of the respective party. The parties must notify each other in writing of any changes to their contact details without delay; until such notification is received, declarations may be sent with legal effect to the last notified address. An email shall be deemed to have been received as soon as it is available for retrieval in the recipient’s electronic mailbox; if it is received outside normal business hours or on a Saturday, Sunday or public holiday at the recipient’s registered office, it shall be deemed to have been received on the next working day. Letter post is deemed to have been received as soon as the item enters the recipient’s sphere of control and, under normal circumstances, the recipient can reasonably be expected to have taken note of it. In the case of registered post, the communication is deemed to have been received upon actual delivery; in the event of non-collection or refusal to accept, it is deemed to have been received no later than the last day of the postal collection period, provided that the item was duly sent to the last known address. This is subject to statutory or official delivery regulations, as well as evidence of earlier or later receipt.

12.5. The legal relationship between the customer and Technomag is governed by Swiss law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction is Rotkreuz, although Technomag expressly reserves the right to bring its claims before any other competent court.

12.6. Technomag is entitled to amend these General Terms and Conditions at any time. It is Technomag’s responsibility to give appropriate notice of such amendments. By placing the next order via the online shop or the next order by email, post or telephone, the customer is deemed to have accepted the amendments in an appropriate manner. In any event, however, such amendments to the General Terms and Conditions shall apply only to future orders and not to existing contracts.

12.7. These General Terms and Conditions shall come into force in August 2026. They shall replace all General Terms and Conditions of Technomag valid up to that date.

 

Rotkreuz, 01.08.2026