These Terms and Conditions of Sale ("Terms of Sale") govern all purchases of PB Swiss Tools products made through the PB Swiss Tools US online store at pbswisstools.us (the "Store") and any other sales channels operated by PB Swiss Tools US Trading Inc. ("PB Swiss Tools," "Supplier," "we," or "us"). By placing an order, you ("Reseller" or "Buyer") agree to be bound by these Terms of Sale in their entirety.
These Terms of Sale are incorporated by reference into and form part of the PB Swiss Tools Website Terms and Conditions available at pbswisstools.us/terms. In the event of any conflict between these Terms of Sale and the Website Terms and Conditions, these Terms of Sale shall prevail with respect to any purchase transaction.
1. VALIDITY AND SCOPE
1.1 Binding Effect
These Terms of Sale apply to all orders placed with PB Swiss Tools, whether submitted online, by email, by phone, or by any other means. They enter into force upon Buyer's placement of an order and remain binding for each and every order.
1.2 Deviating Conditions
Any deviating, additional, or contrary conditions proposed by Buyer shall only be recognized if PB Swiss Tools agrees to them expressly in writing. No employee or representative of PB Swiss Tools is authorized to vary these Terms of Sale orally.
1.3 Updates
The most current version of these Terms of Sale is available at pbswisstools.us/terms-of-sale. PB Swiss Tools reserves the right to update these Terms of Sale at any time. The version in effect at the time of order placement shall govern that order.
2. OFFERS AND ORDERS
2.1 Non-Binding Offers
All product listings, descriptions, prices, and availability information displayed on the Store are non-binding offers and are subject to change without notice. Images and photographs are for illustrative purposes only. PB Swiss Tools expressly reserves the right to change product models, specifications, and versions without prior notice.
2.2 Order Placement
An order is placed when Buyer submits a completed order through the Store or by other approved means. Submission of an order constitutes Buyer's offer to purchase the specified products at the stated price, subject to these Terms of Sale.
2.3 Order Confirmation
PB Swiss Tools' written order confirmation constitutes acceptance of Buyer's order and forms a binding contract. No order is binding on PB Swiss Tools until a written order confirmation has been issued. Subsequent orders are not required to be fulfilled at the same terms and conditions as prior orders; only the written confirmation for each order is binding.
3. PRICES AND PAYMENT
3.1 Prices
Unless otherwise agreed in writing, all prices are stated in U.S. Dollars (USD) and are valid as of the date PB Swiss Tools accepts Buyer's order. Prices do not include applicable sales tax, use tax, customs duties, import fees, shipping, or insurance, which are the sole responsibility of Buyer unless otherwise stated at checkout.
3.2 Order Value
The order value is the gross value of Buyer's order as stated in the order confirmation, excluding applicable taxes, shipping, and insurance.
3.3 Payment Terms
Payment is due in full at the time of order placement. PB Swiss Tools accepts major credit cards (Visa, Mastercard, American Express) and such other payment methods as may be made available at checkout.
3.4 Taxes
Buyer is solely responsible for all applicable federal, state, and local taxes, including sales tax, use tax, and any similar obligations, arising from the purchase of PB Swiss Tools products. If PB Swiss Tools is required by law to collect sales tax, it will be added to the invoice and is payable by Buyer.
4. DELIVERY
4.1 Scope of Delivery
The written order confirmation is solely binding as to the scope, quantity, and specification of the delivery. Any special requirements regarding packaging, transportation, or insurance must be communicated to PB Swiss Tools in writing at the time of ordering.
4.2 Delivery Date
The estimated delivery date is indicated on the order confirmation. Delivery timelines are estimates only and are not guaranteed. PB Swiss Tools will make commercially reasonable efforts to meet confirmed delivery dates.
4.3 Non-Binding Delivery Deadlines
Delivery deadlines are determined to the best of PB Swiss Tools' judgment but are non-binding. PB Swiss Tools shall not be liable for any damages, losses, or expenses arising from delayed delivery. Even in the event of a delay, Buyer remains obligated to accept the goods unless the parties have expressly agreed otherwise in writing.
4.4 Force Majeure
PB Swiss Tools shall not be liable for any delay or failure to deliver resulting from events beyond its reasonable control, including but not limited to: acts of war, international sanctions, civil unrest, natural disasters, pandemics or epidemics, labor disputes, strikes, shortage of raw materials, supplier failures, government actions, or other force majeure events. In such cases, PB Swiss Tools' delivery obligations are suspended for the duration of the event.
4.5 Shipping Complaints
Buyer must inspect all deliveries upon receipt and report any visible transport damage or discrepancies to PB Swiss Tools and the carrier in writing within two (2) days of receipt. Failure to report within this period shall be deemed acceptance of the delivery as received.
4.6 Shipping Terms
Shipping terms for authorized resellers are determined at the time of order and communicated in the applicable order confirmation. For information on current shipping terms, please contact support-us@pbswisstools.com.
5. TRANSFER OF RISK
5.1 Risk Transfer
Risk of loss or damage to products passes to Buyer upon physical handover of the goods to the carrier, freight forwarder, or other shipping agent, or upon the goods leaving PB Swiss Tools' warehouse or fulfillment facility, whichever occurs first. This applies regardless of whether PB Swiss Tools arranges shipping on Buyer's behalf.
5.2 Insurance
PB Swiss Tools may arrange shipping insurance at Buyer's request and expense. In the absence of a specific written request, products are shipped without insurance at Buyer's risk.
6. INSPECTION AND NOTICE OF DEFECTS
6.1 Buyer's Inspection Obligation
All PB Swiss Tools products are subject to quality control prior to dispatch. Upon receipt of any delivery, Buyer must inspect the products within a reasonable period of time and notify PB Swiss Tools in writing of any material defects, shortages, or non-conformities.
6.2 Transport Damage
Any visible transport damage must be noted on the carrier's delivery receipt at the time of delivery and reported in writing to both PB Swiss Tools and the carrier within two (2) days of receipt.
6.3 Deemed Acceptance
If Buyer fails to inspect the delivery and provide written notice of any defect within the applicable period, the delivery shall be deemed accepted by Buyer in its delivered condition, and Buyer waives any claims arising from such defects.
7. WARRANTY
7.1 Lifetime Guarantee
PB Swiss Tools provides a lifetime guarantee covering material and manufacturing defects. We grant a lifetime warranty for material or production defects, unless warranty duration is shortened by a country's national regulations. Faulty products which have not become unusable by abuse or natural wear and tear will be replaced free of charge by the same product or a product of equivalent value. All further warranty claims are expressly waived. For full details, please visit pbswisstools.us/pages/lifetime-guarantee.
7.2 Liability
PB Swiss Tools shall be liable for damages to Buyer for products delivered for which PB Swiss Tools must accept liability for wilful or gross negligent acts. All further liability is waived, subject to applicable product liability law.
7.3 Products with Limited Service Life
No lifetime guarantee applies to tools and instruments with an inherently limited service life. Torque screwdrivers carry a warranty of 3 years from the date of purchase.
7.4 Warranty Claims Procedure
In the event of a warranty claim, please contact PB Swiss Tools directly. Return shipping costs for valid warranty claims are covered by PB Swiss Tools. For questions, contact us at support-us@pbswisstools.com.
7.5 Warranty Exclusions
The warranty does not cover defects arising from: improper use or storage; unauthorized modifications or repairs; use of the product in a manner inconsistent with its intended purpose or PB Swiss Tools' instructions; normal wear and tear; or damage caused by accident, negligence, or external forces.
7.6 Exclusive Remedy
The remedy described in Section 7.1 (repair or replacement) is Buyer's sole and exclusive remedy for any product defect. All other warranty claims are expressly excluded to the fullest extent permitted by applicable law.
Some U.S. states do not allow limitations on implied warranties. In such states, the above limitations may not apply, and Buyer may have additional rights under applicable state law.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 Trademarks
The PB Swiss Tools® name and logo, the tagline "Work with the best®", and all related trademarks and service marks are registered trademarks of PB Swiss Tools AG and are protected under applicable U.S. and international trademark law. Buyer acquires no rights to any PB Swiss Tools trademarks or intellectual property through the purchase of products.
8.2 Content and Materials
All texts, images, designs, data, specifications, technical drawings, and other materials provided by PB Swiss Tools in connection with any order or made available on the Store are the exclusive intellectual property of PB Swiss Tools AG and/or PB Swiss Tools US Trading Inc. They may not be copied, modified, distributed, or used without prior written consent.
9. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PB SWISS TOOLS' TOTAL LIABILITY TO BUYER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SALE OR ANY ORDER SHALL NOT EXCEED THE TOTAL PURCHASE PRICE PAID BY BUYER FOR THE SPECIFIC PRODUCTS GIVING RISE TO THE CLAIM.
IN NO EVENT SHALL PB SWISS TOOLS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, OR LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SALE, EVEN IF PB SWISS TOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some U.S. states do not allow the exclusion or limitation of consequential or incidental damages. In such states, the above limitations may not apply, and Buyer may have additional rights.
10. RETURNS AND CANCELLATIONS
10.1 Return Policy
Returns of standard products may be accepted within fourteen (14) days of delivery, subject to PB Swiss Tools' prior written authorization. Products must be returned in original, unopened packaging in new and resalable condition. PB Swiss Tools reserves the right to charge a restocking fee of up to 20% of the product price for authorized returns.
10.2 Non-Returnable Items
Custom, tailor-made, or specially ordered products are non-returnable unless defective. Products that have been used, damaged, or returned without original packaging will not be accepted.
10.3 Order Cancellation
Orders may be cancelled by Buyer only with PB Swiss Tools' prior written consent. Cancellation of a confirmed order may be subject to a cancellation fee reflecting costs already incurred by PB Swiss Tools.
11. COMPLIANCE AND REGULATORY
11.1 Product Standards
PB Swiss Tools products are designed and tested in accordance with applicable Swiss and European standards. Buyer is solely responsible for verifying that products comply with applicable U.S. federal, state, and local regulations, standards, and labeling requirements for Buyer's intended use or resale market.
11.2 Safety Data
EU declarations of conformity, REACH statements, and other technical compliance documents are available at media.pbswisstools.com. For U.S.-specific compliance inquiries, please contact support-us@pbswisstools.com.
12. GOVERNING LAW AND DISPUTE RESOLUTION
12.1 Governing Law
These Terms of Sale are governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
12.2 Jurisdiction
Any dispute arising out of or in connection with these Terms of Sale shall be subject to the exclusive jurisdiction of the state and federal courts located in Cook County, Illinois. Buyer irrevocably consents to the personal jurisdiction of such courts.
12.3 Dispute Resolution
Before initiating any legal proceedings, the parties agree to attempt to resolve any dispute through good-faith negotiation for a period of thirty (30) days following written notice of the dispute. If negotiation fails, either party may pursue its rights in the courts specified in Section 12.2.
13. GENERAL PROVISIONS
13.1 Entire Agreement
These Terms of Sale, together with the order confirmation and any other documents expressly incorporated herein, constitute the entire agreement between the parties with respect to the purchase and sale of PB Swiss Tools products and supersede all prior communications, representations, and agreements.
13.2 Severability
If any provision of these Terms of Sale is found to be invalid, void, or unenforceable, that provision shall be deemed severed, and the remaining provisions shall continue in full force and effect.
13.3 Waiver
Failure by PB Swiss Tools to enforce any provision of these Terms of Sale shall not constitute a waiver of its right to enforce such provision in the future.
13.4 Assignment
PB Swiss Tools may assign its rights and obligations under these Terms of Sale to any affiliate or successor entity without Buyer's consent. Buyer may not assign any rights or obligations without PB Swiss Tools' prior written consent.
13.5 Amendments
PB Swiss Tools may amend these Terms of Sale at any time. Amendments will be posted at pbswisstools.us/terms-of-sale. The Terms of Sale in effect at the time of order placement govern that order.
14. CONTACT INFORMATION
For questions regarding these Terms of Sale, orders, or warranty claims, please contact:
Company: PB Swiss Tools US Trading Inc.
Address:150 N Michigan Ave, 35th Floor, Chicago, IL 60601
Email: support-us@pbswisstools.com
Phone: +1 (312) 561-9798
