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IABSE - Terms and Conditions of Sale, Delivery and Payment
Our journals, books and other publishing products shall be supplied exclusively subject to these Standard Terms and Conditions for Sale, Delivery and Payment. Deviating terms and conditions which may be used by the customer shall, unless we have expressly acknowledged them in writing, not be binding for us, even if we do not expressly object to such terms and conditions.
Only written orders shall be decisive for the nature and extent of our obligations. This shall also apply in cases where we make reference to the order. The customer shall be bound to his/her order. An order shall no longer be binding if we neither confirm the order in writing, nor ship the ordered goods, within three weeks.
Our written order confirmations shall be decisive for delivery dates and delivery periods. In cases of force majeure or other unforeseeable or extraordinary events, or in cases where such circumstances were not due to a fault on our part, the delivery period shall be extended adequately. Should such circumstances make delivery impossible or unreasonable, we shall be released from our delivery obligation. If a delay is unreasonable, the customer shall also have the right to withdraw from the contract. Should we be in default with a delivery, the customer shall have the right to set an adequate period of grace for a subsequent delivery. Should we not perform during this period, the customer shall have the right to immediately withdraw from the contract. The risk shall pass to the customer upon dispatch of the goods or their delivery to the forwarder, however, not later than upon the goods leaving the publisher's premises or the warehouse. The goods to be delivered shall only be insured if the customer expressly so desires, and at the customer's cost. If the goods are to be delivered to an address other than the invoice address, the publisher reserves the right to charge a contribution to the expenses.
Our book prices are quoted ex our shipping location, incl. packaging and economy freight. They include value added tax as applicable. Journal subscription prices are net prices and include value added tax as applicable. They include economy postage, handling and packaging. Registered shipping will only be made on request and at the customers expense.
5. Payment terms
Unless separate agreements have been made, our invoices shall be due for immediate payment upon their receipt by the customer. Cash discounts and other deductions are not permitted. The invoice number is to be quoted when effecting payment. Publications are shipped against advance payment. Due to costly processing fee,
no longer accepted. Payment via bank transfer, Master card and Visa card are preferred form of payment.
We shall be notified without delay and in writing of any visible defects, at the latest within two weeks. Our warranty for defects shall be exclusively restricted to a reasonable reduction of the price or the replacement delivery of goods which are free of defects, for a period of six months from the transfer of the risk. Should we be unable to deliver replacement goods within an adequate period of time, or should we refuse to effect such delivery, the customer shall have the right to request a reduction of the purchase price or a rescission of the contract. The defective goods shall be returned to the publisher in the event of a replacement delivery.
7. Limitation of damages
The customer's claims for damages, irrespective of their cause in law, in particular claims for compensation of consequential damage, shall be excluded, unless such damage can be proven to have been caused by intent or gross negligence on our part.
8. Special provisions for subscriptions to journals
For journals, termination of the subscription is always possible upon three months' notice to the end of the current subscription period. A subscription period is twelve months. The commencement of such period is January 1st. All already published issues of the running year will be shipped for subscriptions placed after January.
We reserve the right to have our journals produced in non-EU countries, and to supply them directly to the journal's subscribers. Such deliveries shall be made duty unpaid (DDU). This means that, if applicable, the subscriber shall be responsible for payment of duties, taxes and charges.
Complaints due to non-delivery of issues must be received without delay, but not later than 3 month after the date of publication. Complaints received after expiry of this deadline cannot be taken into consideration. Only subscriber in good standing are entitled to delivery of the journal. Issues missed due to late payment cannot be claimed, subscribers in arrears forgo delivery of the journal.
9. Termination of Membership
IABSE Membership subscription is renewed automatically unless terminated in writing received by IABSE Secretariat on or before 30th September of the current year of subscription period.
10. Return shipments
Publishing works supplied subject to rights of return will only be taken back during the agreed deadline. If a deadline for returning goods has not been agreed, such goods must be returned within one calendar month from their delivery. If this deadline is exceeded, they shall be deemed to have been bindingly accepted. Only the most recent issue of publishing works is eligible for return shipments, and the goods must be in a faultless and marketable condition, and must not show entries or damage. Return shipments will not be accepted unless the publisher has given his written consent. The customer shall bear all costs and the risk of the return shipment. The publisher reserves the right to credit less than the full invoice value for books which are not marketable or which are received after expiry of the agreed deadline for returning goods.
11. Place of performance and jurisdiction
Zurich, Switzerland, shall be the place of performance and Zurich, Switzerland, shall be the exclusive place of jurisdiction for all disputes.
12. Governing law
The legal relations between us and the customer shall be governed exclusively by the law of Zurich, Switzerland. This provision shall also apply to legal transactions via the internet.
Zurich, February 11, 2014
c/o ETH Zurich
Hoenggerberg HIL E21.3
8093 Zurich, SWITZERLAND