Scope
These terms and conditions apply to all quotations, deliveries and services provided by VES-TECH Swiss. They apply to businesses and consumers alike. Where a provision applies only to one group, this is stated explicitly.
We refer to these terms in every written quotation and indicate where they can be accessed. By accepting the quotation, the customer agrees to them. We send them in advance on request.
Any differing customer terms apply only if we have accepted them in writing. Silence regarding a customer's purchasing terms does not constitute acceptance.
These terms are available in German, French, Italian, English and Spanish. In the event of differences between language versions, the German version prevails for business customers. For consumers, the version in the language in which the contract was concluded applies.
For these terms, written form includes email.
Provider
The contracting party is:
- VES-TECH Swiss, a sole proprietorship under Swiss law
- Owner: Martin Veselovsky
- Bildfeldstrasse 24, 9552 Bronschhofen, Canton of St. Gallen, Switzerland
- Telephone: +41 76 710 91 39
- Email: info@ves-tech.ch
Telephone hours: Monday to Friday 07:30–17:00.
VES-TECH Swiss is a sole proprietorship without a commercial register entry or UID number. We provide advice and sales of MAHE equipment for welding, cutting, cleaning and automation. New MAHE equipment is procured through Schweisstechnik Scherrer AG.
Advice, quotations and subsequent handling are provided in German or English, and in Czech on request.
Further provider details appear in the legal notice.
Quotations, enquiry list and contract formation
The website is a product catalogue, not an online shop. It contains no prices, shopping basket or ordering function. Displaying equipment or an accessory is an invitation to enquire, not a contractual offer.
The enquiry list serves only to collect selected equipment and send it to us in one message. Submission is neither an order, an offer to enter into a contract nor a reservation. It creates no payment obligation or entitlement to delivery.
In response to an enquiry, we prepare a written quotation stating the version, quantity, price, delivery period and shipping costs. Only this quotation determines the contractual content. We are bound by it during its stated validity period. If no validity period is stated, the quotation remains valid for 30 days from its date.
A contract is formed when the customer accepts the quotation in writing within this period or when we confirm a customer's order in writing.
Images and details of dimensions, weights and equipment in catalogues, data sheets and on the website describe the equipment. Minor, customary deviations are reserved where they do not affect the agreed intended use. Performance values stated in the quotation and manufacturer data sheet are, however, warranted characteristics within the meaning of Art. 197 of the Swiss Code of Obligations (OR). Art. 199 OR remains reserved in all cases. Manufacturer technical developments are reserved where they do not affect the agreed intended use.
Prices, taxes and customs
All prices are in Swiss francs (CHF), excluding shipping and packaging surcharges unless the quotation states otherwise. A term such as ex stock or ex works concerns price calculation only. Benefits and risk are governed exclusively by the Delivery, delivery periods and transfer of risk section: they pass only when the goods are handed over to the customer.
VES-TECH Swiss is not liable for VAT. Annual turnover is below CHF 100'000, so the exemption under Art. 10 para. 2 let. a of the VAT Act (MWSTG) applies. Quotations and invoices do not show VAT. Customers therefore cannot claim input VAT from our invoices.
This exemption concerns domestic tax only. The procurement and delivery routes are specified in the written quotation. Any customs duties and import taxes are included in the quoted price and are not charged additionally to the customer.
We are bound by the quoted price during the quotation's validity period. Manufacturer price changes during that period are borne by us.
After contract formation, the agreed price remains fixed. Adjustment is permitted only if more than four months separate contract formation and the agreed delivery date and the manufacturer has increased its prices during that period. We notify the customer without delay. Within ten days of notification, the customer may withdraw from the contract without cost. Payments already made are refunded.
Payment
Invoices are payable net within 30 days of the invoice date, without settlement discount. The invoice date appears on every invoice.
For first orders, custom manufacturing and special procurement, we may require advance payment or a deposit. The quotation states the amount. The delivery period does not start until an agreed deposit has been received.
On expiry of the payment period, the customer is in default without a further reminder. Default interest of 5 % per year is due from that point (Art. 104 para. 1 OR). Further damages remain reserved. If payment is overdue, we may suspend outstanding deliveries until unpaid invoices are settled.
Businesses may set off payments only against counterclaims that are acknowledged or established by a court. This restriction does not apply to consumers.
Delivery, delivery periods and transfer of risk
We deliver within Switzerland and to Liechtenstein. Deliveries to other addresses require a separate agreement.
Shipping costs are charged separately as quoted. They depend on weight, volume and destination and are stated in the written quotation. Collection from VES-TECH Swiss's registered address is possible by agreement.
Delivery periods are based on manufacturer information and are estimates unless the quotation explicitly identifies them as binding. If delivery is delayed, we inform the customer and provide a new date. If this date is also exceeded by more than 30 days, the customer may withdraw after setting an additional deadline in writing. Payments already made are refunded.
If delivery is prevented or substantially impeded by circumstances beyond our responsibility, particularly manufacturer inability to supply, operational or transport disruption, official orders, natural events or industrial action, the delivery period is extended by the duration of the impediment. If it lasts longer than three months, either party may withdraw; payments already made are refunded. No further claims arise unless we are at fault. Art. 100 para. 1 OR remains reserved.
Partial deliveries are permitted where reasonable for the customer.
Benefits and risk pass only when the goods are handed over to the customer or a person designated by the customer, including shipments. We intentionally depart from the default rule in Art. 185 OR in the customer's favour. Transport damage remains our responsibility until handover. The customer records visible transport damage on the delivery receipt at acceptance and informs us promptly so that we can raise it with the carrier.
Retention of title
Delivered goods remain our property until paid for in full.
In Switzerland, retention of title is effective against third parties only if entered in the retention of title register at the buyer's residence or registered office under Art. 715 of the Civil Code (ZGB). The competent debt enforcement office maintains this register. Without an entry, the clause operates only between the contracting parties.
We reserve the right to register retention of title. The customer provides the necessary details and co-signs the application. We bear the registration costs.
While goods remain subject to retention of title, the customer may neither pledge them nor transfer them as security. The customer informs us immediately of any seizure or other interference with our rights.
Inspection and notification of defects
The customer inspects the goods after delivery as soon as the ordinary course of business permits and notifies us immediately of defects discovered (Art. 201 OR).
If inspection or notification is omitted, the goods are deemed accepted. Defects not detectable during ordinary inspection are excepted. A hidden defect must be reported immediately after discovery.
Notification must be in writing and include the invoice or serial number and a description of the defect. Photographs help clarification with the manufacturer.
We allow consumers more time than Art. 201 OR requires: notification is timely if received within 14 days of delivery or, for a hidden defect, within 14 days of discovery. Statutory rights remain unaffected in all cases.
Warranty for defects
We warrant that delivered goods have no defects that eliminate or substantially reduce their value or fitness for the intended use, and that they possess their warranted characteristics (Art. 197 OR).
The warranty period is 24 months from delivery. This is the statutory period under Art. 210 para. 1 OR; we do not shorten it.
For a justified defect affecting a business customer, we remedy it by repair or replacement at our choice. If this is not achieved within a reasonable period or fails twice, the customer has the statutory remedies, particularly rescission or price reduction under Art. 205 OR and replacement of generic goods under Art. 206 OR.
This priority for repair does not apply to consumers. They have the choice under Art. 205 OR from the outset; they may accept repair or replacement but are not obliged to do so.
The warranty does not cover:
- consumables worn through intended use, such as nozzles, electrodes, contact tips, abrasives, brushes, felts, seals, hoses and used electrolytes;
- damage from improper use, overloading, incorrect mains voltage, missing or inadequate maintenance or failure to follow operating instructions;
- damage from intervention by the customer or third parties, particularly repairs outside our service or the manufacturer's service, and use of unapproved spare parts or accessories;
- damage from external causes such as impact, moisture, frost, chemicals or overvoltage;
- normal visual changes such as scratches or discolouration that do not affect function.
For consumers, these exclusions apply only to the extent that they do not undermine mandatory warranty rights (Art. 210 OR, Art. 8 UWG). Any MAHE manufacturer warranty supplements statutory warranty rights and does not restrict them. We handle supplier liaison for the customer and clarify the procedure in each case.
Used equipment. Used systems are sold in the condition in which they were inspected and demonstrated. Age, operating hours and ordinary signs of use are not defects. The written quotation specifies the warranty period for each used machine; without a different agreement, the statutory period applies. For consumers, the period for used goods is at least one year and cannot be agreed below that minimum (Art. 210 para. 4 OR). Art. 199 OR remains reserved in all cases: a party fraudulently concealing a defect cannot rely on a limitation. Used equipment has no manufacturer warranty; our own pre-handover inspection does not replace one.
Liability and product safety
We are liable within the statutory framework for damage caused by us or persons assisting us.
Liability for unlawful intent and gross negligence cannot be excluded under Art. 100 para. 1 OR. We do not exclude it.
For slight negligence, liability is limited to direct damage. In that case, indirect and consequential losses, particularly lost profit, production downtime, data loss and third-party claims, are not compensated.
Liability under the Product Liability Act (PrHG) remains reserved in all cases. Under Art. 2 para. 1 let. c PrHG, a person importing a product into Switzerland for sale is also regarded as a producer. Where we import equipment ourselves, this liability applies to us. Art. 8 PrHG does not permit it to be limited; we do not exclude it. Mandatory liability for personal injury also remains reserved.
Welding, plasma cutting and electrolytic cleaning equipment are work tools with inherent hazards. The customer is responsible for ensuring operation only by instructed persons, in accordance with operating instructions and occupational safety and environmental rules. We are not liable for damage arising from use contrary to these requirements.
Withdrawal and returns
Our contracts are concluded through a written quotation, not through the website. Swiss law provides no general cancellation or return right for such contracts. A concluded contract is binding. European Union rules do not apply here.
The statutory right of withdrawal under Art. 40a et seq. OR remains reserved. It is available to consumers where a contract for movable goods for personal or family use is concluded during a telephone call, their payment exceeds CHF 100 and they did not initiate the call. The withdrawal period is 14 days (Art. 40e para. 2 OR); withdrawal must be communicated in text form, for example by email. Under Art. 40c OR, no withdrawal right exists where the consumer expressly requested negotiations. This is our usual case because enquiries originate through the enquiry list, contact form or a customer's own call. If we initiate a call, we expressly mention the withdrawal right in the quotation.
Warranty rights for defective goods remain unaffected in all cases.
Acceptance of non-defective returns is possible only case by case, as a goodwill gesture and following prior written agreement. There is no entitlement to it. Where a return is agreed:
- goods must be unused, complete and in original packaging;
- the customer bears return shipping costs;
- specially procured items, customer-specific configurations and opened electrolytes or other chemicals cannot be returned.
We do not accept returns without prior agreement; they are returned at the sender's expense.
Spare parts, service and chemicals
We clarify availability and procurement routes for spare parts, consumables and accessories with the supplier in each case. We do not guarantee spare parts supply for a particular period.
The written quotation states whether on-site commissioning and instruction are included or charged according to time spent.
We carry out repairs outside warranty on a time-and-materials basis or organise them through our partner workshop. On request, we provide an estimate before work begins. If no repair is commissioned, diagnostic work is charged only where this was agreed beforehand.
For electrolytes and other chemicals, we supply the manufacturer's safety data sheet with the first delivery and provide it again at any time on request. Storage, handling and disposal follow this data sheet and applicable rules; the customer is responsible for compliance.
We provide advice on selection, commissioning and application to the best of our knowledge. This does not release the customer from checking whether equipment is suitable for the specific application.
Privacy
We process your details to answer enquiries, fulfil contracts and maintain accounting records. The enquiry list is stored locally in your browser. The current submission method and optional web analytics are described in the privacy notice. The website is hosted on GitHub Pages.
Applicable law and jurisdiction
Contracts between VES-TECH Swiss and the customer are governed exclusively by Swiss law. Conflict-of-law rules referring to foreign law are excluded.
The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) is excluded. This exclusion is permitted by Art. 6 CISG.
Jurisdiction for disputes arising from the contractual relationship is at the seller's registered office, Wil SG.
The choice-of-law and jurisdiction agreements do not apply to consumers. In domestic cases, Art. 35 of the Civil Procedure Code (ZPO) prohibits advance waiver of jurisdiction under Art. 32 ZPO. For residents of Liechtenstein, choice of law is excluded by Art. 120 para. 2 of the Private International Law Act (IPRG), and jurisdiction at the consumer's residence cannot be waived in advance under Art. 114 para. 2 IPRG. Mandatory statutory jurisdictions remain reserved in all cases.
Before resorting to court, we welcome direct discussion. A short message to info@ves-tech.ch is sufficient.
Severability
If any provision of these terms is invalid or unenforceable, the remaining provisions are unaffected.
The invalid provision is replaced by the statutory rule closest to its economic purpose. The same applies to gaps.
Document date
These terms and conditions are dated 8 October 2026.
We may change them for future contracts. An existing contract remains governed by the version published when it was concluded. The current version is available on this page.