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TERMS & CONDITIONS

GENERAL TERMS & CONDITIONS

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1. Validity

These general conditions of sale apply to the sales of swiss cosmetic technology SARL Switzerland. They form an integral part of the contracts between swisscosmetic technology SARL and its customers.

 Any derogatory or supplementary provisions, in particular the general purchasing conditions set by the buyer, shall be valid only if they have been agreed on inwriting and signed by both parties. Any payment, even partial, on the part of the customer implies acceptance of these conditions

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2. Price and ordering conditions

 Price

The offer, quotation or pro-forma remains valid, with regards to prices and terms of payment, for a period of 3 months, subject to change in case of:

  • Change of nomenclature;

  • Change of formula;

  • Filling tests with final packaging;

  • Increase of more than 10% in the cost of raw materials.

The purchase order signed by the customer and approved by SCT SARL fixes the prices and conditions of payment for a period of 3 months subject to:

  • Filling tests with final packaging;

    • Increase by more than 10% in the cost of raw materials when purchasing them;

    • Regulatory modulation

    • The order, once signed or partialy paid by the customer, remain definitive and can not be canceled or modified. The delivery time will be confirmed only upon receipt of the graphic files or packagings or raw materials of the customer, if any.

  • Terms

If the conditions of payment provided for in the offer and therefore in the order are not complied with, production will not be initiated until receipt of confirmation bythe bank of receipt of payment. The added costs resulted by delaying the payment will then be invoiced to the customer.

The given delivery times are subject to change if the payment, or the reception of raw materials and packaging items are delayed. Delivery times are announced subject to payment, receipt of raw materials and packaging items.

Delivery quantities are +/- 10%.

 

Raw materials

No financial compensation can be claimed in case of delay in delivery due to the unavailability of the raw materials, or to the non-conformity upon receipt of theseraw materials thereof.

The materials delivered by the customer must be identified by the following information: article code, customer name, and quantities. They must also beaccompanied by a delivery note as well as a bacteriological analytical certificate and a biological license if applicable. The customer must also specify theconditions of storage and use after opening.

The safety data sheet and the data sheet must be supplied by the customer before delivery.

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Nomenclatures

All the nomenclatures must be sent to SCT SARL the latest at the time of the order  through the product / customer card TR SCL 01.

Any change in nomenclature will lead to changes in price and delay. The replanning will be carried out according to availability.

The product sheet signed by the customer must be provided at the latest when the order is signed or partialy paid.

Similarly, the numbering and the definitive names must be included in the nomenclatures and must be communicated at the latest at the time of the order. In the event of non-compliance with this procedure, the customer will be held responsible for any errors that may result, the production will be put on hold and replanned without any guarantee of delay.

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Packagings

The customer must send the packagings to SCT SARL for the filling and conditioning testsat the latest at the time of the validation of the offer. Conformity of the compatibility test results remains the responsibility of the customer who provides the packagings. If the packagings change from one order to the next, the customer must notify SCT SARL before placing the new order, signthe SCT SARL product / customer file again and send the new packagings as soon as possible inorder for SCT SARL to perform an industrialization test.

All components required for the packaging and delivered by the customer must reach SCT SARL 3 weeks or 15 working days in advance. SCT SARL shall send the detailed delivery notes for the delivered items, the certificates of conformity and the safety data sheets as well as the microbiological and physico-chemicalcontrols, if necessary. All components are shipped to SCT SARL identified with an item code, quantity, storage conditions, use after opening and a DLC ifapplicable on each sub unit.

In the event of non-compliance with these requirements, the packaging must be rescheduled according to the availability of the schedule. A new deadline will be communicated by the customer service.

 

The customer is responsible for the quality and the conformity of the packaging articles delivered to SCT SARL. However, the customer has the possibility tomandate SCT SARL for a control. This service is invoiced separately.

- The customer delivering the packaging to SCT SARL is responsible for ensuring that itis clean and compliant. SCT SARL shall not be liable for any claims arising from the packaging received from the customer: quantitative and / or qualitative claims.

SCT SARL registers the items and quantities delivered, according to the documents received from the carriers / suppliers / customers and ensures the integrity of the parcels. In case of non- compliance, the customer will be notified immediately. SCT SARL reserves the right to refuse delivery if the integrity of the packages isnot in conformity. In no case shall SCT SARL verify by counting the quantities received.

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Production

Since the manufacturing can only be reproduced after three productions, the specifications are final only after the 3rd production. The customer is made aware of the fact that a significant change in quantity can result in a change in the production machine, which may modify the specifications.

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Customers deliveries to SCT SARL

All deliveries to SCT SARL including raw materials, packaging, bulk, etc. must be sent with a delivery note with gross and net weight, precise quantities per carton or per barrel, with identical references to those mentionned on the packaging.

The analysis reports of the bulk and / or raw material microbiology and analytics with batch codes must accompany the goods and the references on the drums must correspond to the documents provided.

SCT SARL is not responsible for errors and / or confusions that may occur in the event of non- compliance with these requirements. SCT SARL reserves the right to refuse a delivery in case of non-compliance with these requirements or if the integrity of the components delivered is not compliant damaged pallets, dirt ...

The customer is obliged to provide the safety data sheet and the technical data sheet of his raw materials at least 15 working days before they are received.

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Special cases of formulas not developed by SCT SARL

SCT SARL will not be held responsible for any problems encountered with the manufacture of formulas not developed by SCT SARL's R & D department.

For bulks that are not produced by SCT SARL, the customer commits to supply SCT SARL before the final order:

 

  • Challenge report;

  • Formula with% of commercial ingredients and suppliers;

  • Detailed procedure for filling;

  • Bulk sheet specification, MSDS;

  • Physical bulk, sample bulk and finished product;

  • Bacteriological controls and physico-chemical controls of the delivered bulk.

For formulas that are not developed by SCT SARL the customer agrees to supply SCT SARL before the start of the packaging tests and before any order:

  • Challenge report;

  • Stability report;

  • Dermal and ocular tolerance test report

       Formula with % of commercial ingredients and suppliers;

  • Detailed procedure;

  • Specification sheets;

  • Physical reference sample;

  • Analytical and bacteriological specifications.​

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Special cases of the standard formulas - developed by SCT SARL, sold in bulk:

If SCT SARL has not been mandated by customer for the compatibility tests, SCT SARL declines all responsibility, as soon as the released bulk conforming to the sales order has left SCT SARL, in particular for:

 

  • Possible problems encountered with container / contents interactions, not suited to the packaging and / or problem during external filling. The indications of type of packaging which appear on the SCT SARL marketing cards are recommendations, subject to tests being carried out;

    • Damage caused during transport, at the reception or at the final customer;

  • Microbiological contamination;

    • An alteration of the formula 

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Expédition

 Expedition

The shipment is made in accordance with the "Ex Works" incoterm. The customer is therefore obliged to assume all transport costs, customs duties and bears the risks associated with the transport of the goods to their final destination.

 

Any specification concerning the shipment of the goods must be stipulated, at the time of the order, in particular:

 

  • Delivery addresses if different from the billing address;

    • Multiple shipping mode, with quantity to be specified for the order to be split.

    • Disassembly and reassembly of pallets will be the subject of an additional invoice.

 

Miscellaneous

When ordering, the customer will provide SCT SARL with the following details:

  • The number of production samples to be sent;

    • Instructions concerning surplus components return to customer, storage under conditions ...

  • Shipments of production samples are the responsibility of the customer.

Development samples shall be borne by the customer unless otherwise stipulated in the contract of mandate.

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3.   Terms of payment

 Payment period

All invoices must be paid within the time agreed upon in the order confirmation. In the event of non- compliance with the terms of payment, SCT SARL reserves the right to suspend all shipments in progress.

 The payment period begins on the date of the invoice. Any bank charges relating to the transfer shall be borne by the buyer

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Default interest

Default interest is levied for any delay in payment, from the first day. This interest is 2% higher than the current account credit rate applicable to prime debitors as applied in Switzerland. Usual bank charges will also be charged. No deductions of any kind will be accepted. The claims do not release the buyer from his obligation to observe the paymentdeadline.

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4. Delivery time

 The agreed delivery period takes account of the conditions in force at the time of the order and the possibilities of purchase of material and normal manufacture. SCT SARL declines all responsibility for any delay in delivery that is not intentional or due to gross negligence on its part.

If special conditions have been agreed on for the goods at the request of the customer, the buyer assumes the risk of a late delivery resulting from the non-fulfillment of the requested specifications.

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5. Force majeur Events

 SCT SARL is not responsible for the non- performance of its obligations due to force majeur events. "Force majeur" means events which SCT SARL can not dismiss, in spite of the attention ordered by circumstances, such as natural phenomena, war events, explosions, fires, strikes, boycotts and measures Or administrative omissions, the cessation of the marketing of a raw material or a packaging or a sudden change in the cosmetic regulations.

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6. Warranty and Liability

  1. Exercise of the guarantee

Complaints must be reasoned and addressed in writing within 10 days of invoicing/ the invoice in the event that the goods remain with SCT SARL or receipt of the goods. SCT SARL shall be liablef or any defective goods and shall be released from any other claim of the customer by replacing the delivery within a reasonable period of time for goods conformed to the specifications.

If SCT SARL does not provide any replacement benefit or if it fails, the customer may terminate the sale or ask for a discount in of the price but can not claim fordamages.

 

Disclaimer of liability

SCT SARL does not grant any warranty for products at the experimental stage.

 

SCT SARL declines all responsibilities on the products, bulk released once the exworks made available to the customer made: in summary as soon as the products or bulks have left the company SCT SARL.

SCT SARL shall not be liable for any damage resulting from use, transport, storage or processing. of the goods by the customer or by third parties.

 

7. Recommanded Applications

The recommendations of use /Recommanded Applications made by SCT SARL correspond to the current state of knowledge of SCT SARL. They do not exempt the customer from carrying out any appropriate control of the goods delivered bySCT SARL for their use and the envisaged processes.

The application, use and implementation of the products are carried out outside the control of SCT SARL and are therefore the exclusive responsibility of the customer. Any intellectual property rights belonging to third parties must be respected by the customer.

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8. Organic product

 Ecocert and / or Natrue / Cosmos or other products are guaranteed to be natural and may therefore differ slightly depending on the batches of raw materials color, viscosity, fragrance.

The quality of the products and their cosmetic properties remain unchanged.

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9. Applicable right

 These terms of sale and sales contracts are governed by the Swiss domestic law to the exclusion of the United Nations Convention on Contracts for theInternational Sale of Goods.

Should one or more of the provisions set out above prove inapplicable, the others would retain their full effect.

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10.  Jurisdiction

 The place of performance for delivery is the place of dispatch, the place of performance for payment is St Prex Vaud, Switzerland.

Any dispute arising in connection with the interpretation or execution of these conditions shall be submitted to the international arbitration of the Chamber of Commerce of Vaud, Switzerland.

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