Last updated: 02. April. 2026
These General Purchasing Conditions (“GPC”) govern all purchases of goods and services by KaWä GmbH, Langackerstrasse 32, in 6330 Cham in the canton of Zug in Switzerland (“Company”), from suppliers (“Supplier”).
These conditions apply unless otherwise agreed in writing.
Scope
These conditions apply to all purchase orders issued by the Company.
Any terms or conditions of the Supplier that deviate from these GPC shall not apply unless explicitly accepted by the Company in writing.
Orders and Confirmation
Orders are binding only if issued in writing, including via email or electronic procurement systems.
The Supplier shall confirm the order within 2 business days.
If the Supplier does not object within this period, the order is deemed accepted.
Prices
Unless otherwise agreed:
- Prices are fixed prices
- Prices include all packaging, transportation, customs duties, and other costs
- Prices exclude VAT unless specified.
Price increases after order confirmation are not permitted.
Delivery and Incoterms
Unless otherwise specified in the purchase order, deliveries shall be made DDP (Delivered Duty Paid) to the delivery location specified by the Company.
Delivery terms follow the latest version of Incoterms® published by the International Chamber of Commerce (ICC).
Delivery dates are binding.
Assignment and Subcontracting
The Supplier may not assign the order or subcontract essential parts of the order without prior written approval from the Company.
Transfer of Risk
Risk transfers to the Company only upon receipt of the goods at the agreed delivery location.
Inspection and Acceptance
The Company shall inspect goods within a reasonable time after delivery.
The Company reserves the right to reject goods that:
- do not conform to the order
- are defective
- are incomplete or damaged.
Rejected goods must be replaced promptly by the Supplier.
Warranty
The Supplier warrants that all goods:
- conform to agreed specifications
- are free from defects
- comply with applicable laws and regulations.
The warranty period shall be 24 months from the date of delivery, unless otherwise agreed.
Liability
The Supplier is liable for all damages caused by defective products or failure to meet contractual obligations.
The Supplier shall indemnify the Company against third-party claims resulting from such defects.
Product Compliance
The Supplier guarantees that all products comply with applicable regulatory requirements in Switzerland and the European Union, including product safety regulations and technical standards.
Where applicable, the Supplier must provide:
- declarations of conformity
- product certificates
- safety documentation.
REACH and RoHS
The Supplier shall ensure compliance with:
- REACH Regulation (EC No. 1907/2006)
- RoHS Directive (2011/65/EU)
Upon request, the Supplier shall provide documentation demonstrating compliance.
CBAM
Where applicable, the Supplier shall provide data necessary for compliance with the EU Carbon Border Adjustment Mechanism (CBAM), including emissions information required for regulatory reporting.
ESG and Sustainability
The Supplier commits to responsible business practices and compliance with internationally recognised sustainability principles, including the Ten Principles of the United Nations Global Compact.
Suppliers shall strive to minimise environmental impact and promote sustainable supply chains.
Human Rights and Labor Standards
The Supplier shall respect internationally recognised human rights and labour standards, including:
- prohibition of forced labour
- prohibition of child labour
- fair working conditions
- non-discrimination.
Compliance
The Supplier must comply with all applicable laws and regulations, including:
- export control regulations
- sanctions laws
- anti-corruption laws
- tax regulations
- environmental laws.
Quality and Management Systems
Suppliers shall maintain appropriate management systems.
Where applicable, suppliers should maintain certifications aligned with:
- ISO 9001 (Quality Management)
- ISO 14001 (Environmental Management)
- ISO 27001 (Information Security)
- ISO 45001 (Occupational Health and Safety).
Equivalent standards may also be accepted.
Data Protection
The Supplier shall comply with applicable data protection laws, including:
- Swiss Federal Act on Data Protection (FADP / DSG)
- EU General Data Protection Regulation (GDPR), where applicable.
Personal data may only be processed for purposes related to the contractual relationship.
IT Security
Suppliers handling Company systems or data shall implement appropriate cybersecurity measures aligned with recognised standards such as ISO 27001 or equivalent.
Confidentiality
All information provided by the Company shall be treated as confidential and may not be disclosed to third parties without prior written consent.
This obligation remains valid after termination of the contractual relationship.
Risk Management and Supply Chain Integrity
Suppliers shall maintain appropriate risk management procedures to ensure supply continuity and compliance with regulatory requirements.
The Company may request information regarding risk mitigation measures.
Documentation and Customs
The Supplier must provide all documentation required for transport, customs clearance, and regulatory compliance, including:
- commercial invoices
- packing lists
- HS codes
- certificates of origin, where applicable.
Insurance
The Supplier shall maintain adequate insurance coverage, including product liability insurance where applicable.
Evidence of insurance must be provided upon request.
Audit Rights
The Company reserves the right to audit the Supplier’s documentation or facilities to verify compliance with contractual and regulatory requirements.
Invoices and Payment
Invoices must reference the purchase order number.
Unless otherwise agreed, payments are made within sixty (60) days after receipt of invoice and delivery of goods.
Liability
The Supplier is liable for damages caused by defective products or failure to meet contractual obligations.
The Supplier shall indemnify the Company against claims arising from such defects.
Force Majeure
Neither party shall be liable for failure to perform obligations due to events beyond reasonable control, including natural disasters, war, governmental actions, or other force majeure events.
Termination
The Company may terminate orders in case of:
- material breach by the Supplier
- regulatory non-compliance
- insolvency of the Supplier.
Governing Law
These purchasing conditions are governed by Swiss law, excluding conflict-of-law rules.
Jurisdiction
The exclusive place of jurisdiction shall be Zug, in the canton of Zug in Switzerland.