General Terms and Conditions

These Conditions use the following terms with the following definitions:

• Customer: the counterparty of FuchsParts, carrying out a profession or operating a company (B2B only)
• Agreement: the agreement between FuchsParts and the Customer
• FuchsParts: FuchsParts, based in Winterthur, Switzerland
• Conditions: these general terms and conditions

1. These Conditions govern any offer by FuchsParts and each Agreement.
2. If one or more provisions are void or annulled, the remaining provisions remain in full force. FuchsParts and the Customer will then agree on replacement provisions that respect the intent of the original.
3. In case of conflict between the Agreement and these Conditions, the Agreement prevails.

1. All quote requests submitted via fuchsparts.com are non-binding until confirmed by a pro forma invoice issued by FuchsParts.
2. Prices in quotes do not include VAT, government levies, shipping costs, or packaging costs.
3. Quotes are valid for 30 days from the date of issue unless otherwise stated.
4. Offers and conditions do not automatically apply to subsequent orders.

1. FuchsParts will implement the Agreement to the best of its ability and in accordance with good commercial practice.
2. FuchsParts has the right to outsource certain activities to third parties.
3. The Customer must provide all reasonably necessary information in a timely manner. If not, FuchsParts may suspend the Agreement and/or charge additional costs arising from any resulting delay.
4. FuchsParts is not liable for damages resulting from incorrect or incomplete information provided by the Customer.

1. Delivery takes place DAP (Delivered at Place, Incoterms 2020) from Germany after payment has been received by FuchsParts.
2. The Customer is required to accept the goods upon delivery.
3. Indicated delivery times are always indicative and never constitute a deadline. The Customer is not entitled to dissolution or compensation if an indicated period is exceeded.
4. FuchsParts has the right to make partial deliveries and may invoice these separately.

1. Any samples, images, or product descriptions provided are indicative only and do not obligate FuchsParts to deliver goods that correspond exactly to the sample or description.
2. All brand names and OEM part numbers are referenced for cross-reference identification purposes only. FuchsParts has no affiliation with the respective OEM manufacturers including Linde, Toyota, Jungheinrich, Still, and Crown.

1. The Customer may no longer invoke a defect if it has not submitted a written complaint to FuchsParts within 14 days of delivery.
2. If a complaint is submitted on time, the Customer remains required to accept and pay for the purchased goods. Returns require prior written approval from FuchsParts.

1. FuchsParts reserves the right to adjust prices in the event of significant changes in exchange rates, raw material costs, or supplier pricing between the date of offer and delivery.
2. All prices are exclusive of VAT and any other applicable levies, shipping costs, and transaction costs.

1. If the work required for proper implementation must be amended, the parties will adjust the Agreement in mutual consultation.
2. FuchsParts will inform the Customer in advance of any financial or qualitative consequences of amendments.

1. Payment must be made 100% in advance prior to delivery, within 14 days of the pro forma invoice date.
2. Payment must be made in the currency stated on the invoice, via bank transfer or credit card as indicated.
3. If the Customer fails to pay within the payment period, it will be in default. Statutory interest under Swiss law will apply.
4. If the Customer fails to fulfil its obligations, all reasonable judicial and extrajudicial collection costs will be borne by the Customer.
5. In the event of liquidation, bankruptcy, or suspension of payments, all claims of FuchsParts become immediately due.

1. All goods delivered by FuchsParts remain its property until the Customer has fulfilled all obligations arising from the Agreement, including full payment.
2. The Customer may not pledge, encumber, or process the goods in any way that would affect FuchsParts' ownership rights prior to full payment.
3. The Customer must immediately notify FuchsParts if third parties levy attachment on goods subject to reservation of ownership.

1. FuchsParts guarantees that delivered goods meet the regular requirements and standards that can reasonably be imposed on them, for a period of 12 months following delivery.
2. The warranty applies only if the Customer can provide the original purchase invoice upon request.
3. If goods fail to meet the warranty, FuchsParts will repair or replace the defective item. Replacement requires the Customer to return the defective goods at its own expense.
4. The warranty does not apply in cases of: improper use, normal wear and tear, inadequate maintenance, or unauthorized modifications by the Customer or third parties.

FuchsParts has the right to suspend or dissolve the Agreement without prior notice if: (a) the Customer fails to fulfil its obligations, (b) FuchsParts has reasonable grounds to fear non-fulfilment, (c) the Customer is subject to bankruptcy proceedings or suspension of payments, (d) attachment is levied on the Customer, or (e) the Customer ceases business operations.

1. FuchsParts' liability is limited to the value of the order to which the liability relates, with a maximum of CHF 5,000.
2. FuchsParts is never liable for indirect damages, including consequential damage, loss of profits, or business interruption.
3. FuchsParts is not liable for damage caused by incorrect use, assembly, or installation of delivered goods.
4. These liability limitations do not apply in cases of intent or gross negligence by FuchsParts.

1. Risk transfers to the Customer at the moment goods are handed to the first carrier (DAP, Incoterms 2020).
2. The Customer bears the risk of storage, loading, transport, and unloading.

1. FuchsParts is not required to fulfil any obligation if prevented by circumstances beyond its reasonable control.
2. Force majeure includes: natural disasters, strikes, supply chain disruptions, government measures, and other unforeseeable external causes.
3. If force majeure lasts more than two months, either party may dissolve the Agreement without compensation.

The Customer must keep confidential all information it receives from FuchsParts in the context of the Agreement that is designated as confidential or that is confidential by nature.

1. All brand names, trademarks, and OEM references on this website are the property of their respective owners and are used for cross-reference identification only.
2. The Customer may not copy, publish, or share any materials or documents provided by FuchsParts without prior written consent.

1. These Conditions are governed by Swiss law.
2. Any disputes will be submitted to the competent court in Winterthur, Switzerland.
3. The most recently published version of these Conditions applies.