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Imprint, Terms and conditions and data protection




Purple Mask Plastics

Lindenmoosstrasse 12

CH-8910 Affoltern am Albis

Tel.:    +41 (0) 44 761 90 40

Fax:  +41 (0) 44 761 97 55




HR Kt. Zurich CH-020.050.503-3

VAT CHE-113.044.088

Terms and Conditions (GTC

Sales and delivery conditions and data protection


Status 01.01.2019



Our offers are always non-binding, subject unsold and upon availability and subject to own delivery. Obligation of delivery from our side, becomes only valid, after supply of our written sales confirmation.

Purple Mask's terms of sale and delivery are subject to Swiss law and the Swiss Code of Obligations.

1. The contract


The material, subject of beeing delivered, is only specified and agreed in the Contract. The contract is considered as valid, once Purple Mask (herein callled * The Seller ) has confirmed in writing, with Sales Contract, the order of the customer ( herein called * The Buyer*) With his order, the Buyer accepts exclusively only these General condtions of Sale and delivery of Purple Mask, the sames shall also apply to all future business with this buyer. No other terms of purchase or General Purchase conditions issued by the Buyer are accepted. These terms of the Buyer are not object of Contract and are rejected Any deviation from these Sales and Delivery conditions of the Seller require the explicit written approval of the Seller.



2. Samples


Samples are a non-binding, average form of the material intended to be delivered. Samples cannot and will not represent the totality of the delivery. This is particularly valid for non homogenous materials.Sample are not giving any guarantee of quality from the Seller.

3. Prices and invoicing


If not differently agreed, the prices are exclusive the invoicing of the Value Added Tax (VAT). Is VAT due to be invoiced, the same will be mentioned  separately, in conformity of the legal amount of VAT. All deliveries are subject to INCOTERMS® latest edition.


The invoicing of the sale price, shall be based and determinated by the Seller at  the place of loading from the Seller on the quantitites, weights, measurements available.

Decisive for invoicing  will be the sales prices valid on the day of loading and agreed by the contract.


Should our prices have been modified/and/or increased between date conclusion of the contract and date of  loading and/or delivery, so the Buyer will have the right to step back within 5 working days,  from  the purchase contract. Indeed, the Buyer is obliged, in such case, to present this renunciation of purchase, in writing,  within the deadline fixed on above.


4. Payment


If no other written conditions are agreed or stipulated with the Buyer, our payment conditions are either advanced payment and/or with irrevocable, confirmed Letter of Credit, and / or, if specified by contract, at receipt of the delivery by the Buyer. By receipt, the physical consignement of the good to the Buyer in his warehouse, and/or wherelse,  is meant. The payment must be issued with bank transfer. If not differently agreed, the sale price shall be in Euro. Purple Mask has the right, to agree in writing with the Buyer, different payment conditions than above. In such case, should the Buyer not respect the agreed payment terms, the same will be in default of payment and default of interest. Purple Mask is entitled and has the right to plead default of interest fixed at 5% of the value oft he according Invoice. Default of payment causes and involved the immediate and simultaneous payment expiry date of all open receivables, Purple Mask has at this time at the Buyer.


The payment is considered effected, when the same is free available on the account belonging to Purple Mask .In case of payment with Letter of Credit, the same is recognized as valid, after the Bank of the Seller hat confirmed to same in writing , the receipt oft he Letter of Credit and the Bank declares the same as confirmed.


In case of advanced payment, or payment with irrevocable/confirmed Letter of Credit, our Sales confirmation will only be issued after receipt and acceptance of the advanced payment or Letter of Credit.


In case of  justified doubts with respect to the solvency and/or creditworthness of the Buyer, including outstanding payments, Purple Mask is entitled to revoke any payment  terms which have been granted by us to the Buyer and to request secured payment terms, such as advanced payment or Letter of Credit for further or due deliveries.

5. Offsetting/Counterclaims


Purple Mask refuses the acceptance of offsettings of the sales invoice with other recognized or undisputed counterclaims from side of the Buyer. Furthermore, any excercise of refusal of achievement or rights of retention are impossible and refused.


6. Delivery/Duty of delivery


a) The deliveries of Purple Mask are made based on INCOTERMS latest edition. It is set in the sales contract, which delivery condition of Incoterms latest Edition has been agreeed.


b) The delivery is always and solely subject to own delivery. In the case of missing own delivery from suppliers side, Purple Mask will be dispensed with the duty of delivery versus the Buyer..


c) Purple Mask is allowed to deliver partial shipments. Deliveries within 10% +- the agreed contactual quantity, is allowed.


d) If an official weighting is not requested, the weight determinated by the Seller will build  the basis of price invoicing.


e) Mode and route of dispatch, and packaging shall be subject to reasonable discretion of the Seller, unless not differently agreed in writing.


f) If not differently agreed, the materials supplied by Purple Mask  are intented to be processed in the own factory and production site of the Buyer.


g) Delivery term, immediate, authorizes Purple Mask to carry the delivery within 14 working days from date of sales confirmation on.


7. Risks of transports/Insurances


The risk of the transport  of the delivery is carried by The Buyer, from the moment on the material has been consigned by the Seller to the carrier or to the carrier charged by the Buyer. The Buyer is responsable for the risk from the moment on material has been consigned to carrier or to carrier charged by Buyer or by own collection of the Buyer or by any carrier authorized by Buyer. This is valid, also in the case Purple Mask is carrying out the delivery and also and indipendently that Purple Mask might insure transport risks and damages.



8. Impediments and obstacles of delivery


Purple Mask is exempt from liability and delivery obligations for  the period and extent of following cases: War, strikes,absence or shortage of raw material, absence or shortage of energy, operating or traffic delays,force majeure as declared by authorities or circumstances, terrorism, natural desasters and all cases of unpredictable events.


If the damages and above circumstances continue to exist after the length of 60 days ( sixty) the Buyer and/or the Seller, are entitled to rescind the contract. In both cases against written information of motivation of the withdrawal.


All, in this point 8 of the Sales and conditions indicated impediments and obstacles of delivery, liberate the Seller from all replacement and complishment of delivery duties.


9. Quality of material/Samples/Technical and general informations and consulting, applications



The description and charateristic of material is defined in the contract. The consulting and information about the quality of material are rendered by the Seller, to the Buyer, at the best of his knowledge and conscience.


These consultings and informations are non-binding and do not contain any guarantee of  Purple Mask and do not release the Buyer from inspecting every single delivery as to its suitability for the intended purpose before processing. The good delivered by Purple Mask shall be inspected immediately upon receipt of the same by the Buyer, especially however, in the original delivered condition, prior to any mixing , blending, processing, or any other modification of procut by Buyer.


Purple Mask supplies material without any guarantee of the suitability of the material for any particular application. Purple Mask is only obliged to supply the contracted   material within the quality description issued by the contract.


Samples of material, supplied in advance, are only suitable to supply information and description of the material due to be delivered, can indeed not represent the quality of the future delivery und do not constitute any guarantee from the Seller side, for the forthcoming delivery.



​10. Defects, claims for defects, notice of defects


a) The Buyer is obliged to inspect our delivery upon receipt of the same. The inspection must exclusively be carried out on the delivered material, the same not having been mixed, blended or processed. A notice of defect, base on a mixed or blended or processed material is legally not allowed nor accepted.

b) Possible deviations of the delivery from the contracted description of material must get notified in writing from Buyer to Purple Mask, within 7 ( seven ) days within the date of delivery to the Buyer. A claim for defects, which is not received with delay set on above, is excluded and the supplied material and it`s quality, are legally accepted by Buyer.

c) One or more deviations from contracted description of material do no authorize the Buyer, to retain due payments or to refuse acceptance of other deliveries


d) The Buyer is legally obliged to produce proof: in particular he is obliged to produce proof  to  the Seller that the material supplied does not correspond to the contractual description.


e) In case of justified and from the Seller in writing accepted defect, the Buyer has the right, to give the claimed material, the same in orginal delivered packing, at free disposal of the Seller. Not mixed or blended, or processed. If these above conditions are not respected, there is no legal oblitation from the Seller to fetch the material and there are no rights of the Buyer to obtain return of material, replacement of material, or price reduction. The Seller will arrange the return of material at his charge.

f) The material supplied, remains till total and complete payment of the invoice  property of the Seller. This is valid also in case of partial payments. Title of the delivered goods shall be reserved until all our claims against the Buyer arising from business relationship as well as future contracts  have all been settled.


g) In case of a claim for defects, also and especially when the claim for defect is formulated  and restriceted by the Buyer on a partial quantity only, is the Seller legally entitled, as the total quantity of the delivery is his property, to obtain and get the release of the total quantity of delivery for pick-up of same


h) The prooved and justified presentation of hidden defect, must be notified in writing from the Buyer to the Seller, immediately after discovery, indeed, latest within 180 calendare days after date of delivery.


i) On all material, which are declared by contract as non-standard, offgrade, offspec,widespec, slow mover, stock cleaning, reduntant stock, scraps and productions scraps, regrind, not grinded materials, and which as agreed have been sold as goods failing to comply with specifications, second quality goods and reprocessed goods or the like,   there is no guarantee from the Sellers side on quality . The buyer shall not have any warranty rights  due to a material defect.



11. Liability/Indemnity


Claim issued by the Buyer within or outside the contract based on simple neglicence and neglect of duty from Purple Mask or from empolyees of Purple Mask are impossible. The liability of Purple Mask is limited oneself   and in any case , at the maximum, to  the price that Purple Mask has invoiced for the delivery.


If the Buyer presents claims of replacement for final products and parts processed with the delivered material, such claims are null and void, since the Buyer has the full responsability  of the processing of the material, and thus the Buyer has started the processing of material at own risk and danger.




12. Ownership


The total quantity of material supplied to the Buyer is  property of the seller, till its complete payment. The payment is declared as received, when the due amount is fully  and free available on the bank account of Purple Mask. Until the  complete payment of the invoice has been done and available by the Seller, and in case of a claim for defect from the Buyer, the buyer is obliged, upon request of the Seller to release the total delivered quantity to the Seller and is not allowed to retain the material or to sell the material to third parties.


In case of payment delay, Purple Mask is entitled to request and to obtain from the Buyer, without any deadline, the immediate restitution of the material supplied.


13. Patents/rights of third parties


Purple Mask  cannot warrant that the product supplied  is free of patents or other industrial property of third parties. The Buyer has to respect the legal regulations of his country, the patents and the propietary rights of third parties.



14. Jurisdiction and place of execution


Place of performance for all the obligations arising from the contractual relationship, shall be the place of our registered office, Affoltern am Albis, Zurich, Switzerland.


Place of jurisdiction, Zurich, Switzerland


These Sales and delivery conditions do apply to the law and legislation of the Swiss Confederation, Switzerland only, including Schweizerischer Obligationenrecht (OR). The applicable law shall exclusively be the law of Swiss Confederation Switzerland under exclusion of the UN sales law about international material purchases (CISG and UNCITRAL, date of issue Vienna 1980).


15. Privacy, Data protection


Always provided that it has not otherwise explicitly been agreed upon writing with the Buyer, the information and data submitted to us in relation to our business activity shall not be considered and regarded as confidential, unless confidentiality is obvious.


We draw attention to the fact and inform, that we will  store data and informations received from Buyer concerning our contractual and business relationship for processing pruposes and reseve the right (if this is necessary for contract fulfilment) to forward data to thrid parties.


In no case, we confirm and assure, we will make use of such data outside our company or sell or otherwise disclose them to third parties

These sales and delivery conditions are legally binding and an integral part of the contract. Should one or more conditions of these terms of sale and delivery prove to be wholly or partially invalid, this in no way affects the effectiveness and validity of the conditions.


PURPLE MASK January 2019

Subsidiary Purple Mask Plastics

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