General Terms and Conditions of Sale and Delivery

Extent of Validity :

The following Terms and Conditions of Sale and Delivery are effective for any and all goods, services and deliveries offered by or sold by H2Power (hereafter called “the Seller”) The Buyer recognises and acknowledges the terms stipulated herein no later than by booking the order on the seller's on-line shop.
The Seller hereby rejects any and all general terms of business deviating from the terms stipulated herein unless the effectiveness of any such terms have been duly confirmed in writing by an authorised signatory of the Seller.
The Seller’s Terms and Conditions of Sale and Delivery remain effective for any and all future transactions, even though the Parties do not specifically make any renewed reference to the present Terms.

Contract, Descriptive Matter :

Notwithstanding other agreements the Seller trades with companies and individuals located in Switzerland.

Prices – Shipping, Handling Costs :

All prices listed in the Seller’s on-line shop are understood net , i.e. exclusive transport and insurance costs. Unless otherwise specified, prices are understood per unit. H2Power is temporarily not subject to swiss VAT.
Delivery is made via swiss Poste or via courrier, the choice of subcontractor is the sole responsibility of H2Power. Details on shipping options and costs can be found on the web site (on-line shop during the ordering process).
For deliveries to destinations outside the Switzerland, the Buyer shall bear any and all additional charges, e. g. customs duty, export documents, freight etc.

Payment :

Buyers placing their orders may choose between pre-payment on H2Power bank account, Paypal or cash on delivery (COD).

Delivery Times, Partial Deliveries :

Any information on the availability of any goods is based on the Seller’s regularly updated management information system as they appear on the on-line shop. Error and omission excepted. The Seller endeavours to deliver within the shortest period of time, usually within 3 days in Switzerland. The Seller is, however, unable to offer such a guarantee. In the event that the goods are not on stock, the Seller shall provide an expected delivery date. Such information is, however, non-committal. Binding commitments to delivery dates are subject to written confirmation in paper or electronic form.
Correct and punctual supply to the Seller reserved.
The Seller cannot be made liable for delays in deliveries or services caused by force majeure or similar circumstances, such as natural catastrophes, terror, embargos, strikes, lockouts, official orders, including any such circumstances involving the Seller’s suppliers. The occurrence of any such circumstances entitles the Seller to postpone the fulfilment of his contractual obligations for a reasonable period of time. The Seller shall inform the Buyer of the occurrence of any such circumstance.

Shipping Instructions – Transfer of Risk :

Deliveries are made through a capable parcel delivery service chosen by the Seller.

Product Information, Manufacturer Warranties :

The dimensions, weight and other technical specifications as well as the texts and illustrations found in the Seller’s catalogue serve solely as a general reference. Deviations and design changes, in particular in shape, colour or weight, within reason are excepted. The aforesaid provision applies to specifications on data sheets on online media (PDF data sheets ) . In case of doubt the latest manufacturer data sheet for the product is deceive.
All product information in the Seller’s online shop is based on the information provided by the relevant manufacturer. The Seller is not liable to verify the correctness and accuracy of such information. The Seller cannot be made liable for damages caused by incorrect or inaccurate manufacturer specifications.
Information on product features does not represent a guarantee, but are understood as product descriptions.
In addition to the Sellers Terms and Conditions of Sale and Delivery a variety of products (e. g. software) are subject to manufacturer license requirements. The Buyer herewith agrees to any such requirements. Any violation of such licence requirements may result in claims for damages.
In addition to the aforesaid provisions the relevant manufacturer warranty provisions apply. The manufacturer warranty does not provide a legal basis against the Seller. The manufacturer must directly warrant any arising warranty claims.

Warranty Claims :

Should the Buyer fail to observe operating and maintenance instructions, alter the product, use parts, components or materials, which do not comply with the original specifications, user's manual guidelines, the warranty expires immediately.
Damage to the packaging and obvious transport damage must be immediately reported to the transporter. The transporter should provide written confirmation of the damage report.
The Buyer undertakes to inform the Seller in writing of any obvious faults or defects within seven working days after receipt of goods.
At his discretion the Seller is entitled to remedy the Buyer’s warranty claims by either repairing the defective or faulty product or replacement with faultless product (subsequent performance), or reimbursement. Should the Seller choose to repair the defective or faulty product, he may at his sole discretion have the product returned.
The Seller will only accept returned goods if the provisions for returned good (see returns below).
No other compensation other than product replacement, repair or reimbursement will be paid by the seller.The period of warranty is one year commencing with the day of delivery except on some devices like fuel cells and electrolyzers membranes. Fuel cells and electrolyzers membranes are subject to normal wear and tear as the result of their use. They are designed in a way that allows industry average hours of duty for this kind of devices.

Liability for Compensation :

The Seller is solely liable for breach of duty inasmuch as such breach represents intention, gross negligence or culpable infringement of a material obligation . Any and all other forms of compensation liability are void of legal effectiveness. The Buyer is liable to provide proof of guilt. The seller will not be liable for any direct or indirect damage caused by using or mis-using the product-.

Return of Goods :

The Seller grants all Buyers a right of return or exchange in accordance with the following stipulations during seven days after delivery date, under the condition that the product show no signs of use or wear. Products must be returned in the original sales packaging and the Buyer ships the goods at his own expense.
Return does not apply to software and other data media, inasmuch as the original seal has been broken or removed,
The Buyer shall not return any product without prior written communication to the seller.

Data Protection :

The Buyer agrees to allow the Seller to electronically store personal and company data required for the administration of the business relationship.

Place of Jurisdiction and Applicable Law :

Exclusive place of jurisdiction for all matters of dispute arising directly or indirectly from the contractual relationship is Vaud, Switzerland.