Terms of trade
General terms of trade
These terms summarise how Fujisan Sagl, Via Maggio 21, 6900 Lugano, Switzerland (“Fujisan”), works with its suppliers and customers. They apply to every quotation, order and delivery unless a written agreement provides otherwise.
1. Scope
- Fujisan acts as importer and distributor of goods sourced in Japan for the Swiss and European markets, and may provide related services: sourcing, regulatory review, labelling, logistics and market entry.
- These terms govern relations with suppliers (makers and exporters) and with customers (retailers, restaurants, distributors and other business buyers). Fujisan does not sell to consumers under these terms.
2. Quotations and orders
- Quotations are valid for thirty days unless stated otherwise and specify the Incoterms® 2020 rule, the currency, the quantities and the delivery period.
- An order is binding once Fujisan has confirmed it in writing. Changes after confirmation require Fujisan's written agreement.
- Minimum order quantities, lead times and packaging units are stated in the quotation or the product list.
3. Prices and payment
- Prices are stated in Swiss francs or euros, exclusive of VAT, according to the agreed Incoterms rule. Customs duties, taxes and charges not expressly included are borne by the party designated by that rule.
- Unless agreed otherwise, invoices are payable within thirty days of the invoice date by bank transfer. For first orders, Fujisan may require payment in advance or a deposit.
- Late payment entitles Fujisan to charge default interest of five percent per annum and to suspend further deliveries.
- Goods remain the property of Fujisan until full payment has been received.
4. Delivery and risk
- Delivery periods are indicative unless expressly confirmed as binding. Fujisan informs the customer without delay of any foreseeable delay.
- Risk passes according to the agreed Incoterms rule. Where none is agreed, risk passes on handover to the first carrier.
- Partial deliveries are permitted where reasonable for the customer.
5. Regulatory compliance and labelling
- Fujisan verifies, before import, that goods comply with the applicable Swiss and, where relevant, EU requirements and prepares compliant labelling.
- Suppliers warrant that the information provided on composition, origin, certifications and safety is complete and accurate, and inform Fujisan immediately of any change.
- Customers who resell the goods outside the agreed territory or under their own labelling do so at their own responsibility.
6. Inspection and defects
- The customer inspects the goods on receipt and notifies visible defects or shortfalls in writing within eight days; hidden defects within eight days of discovery and at the latest before the expiry of the minimum durability date.
- In case of a justified complaint, Fujisan may at its choice replace the goods, grant a price reduction or take the goods back against credit. Further claims are excluded to the extent permitted by law.
7. Liability
- Fujisan is liable for damage caused intentionally or by gross negligence. Liability for slight negligence, indirect damage and loss of profit is excluded to the extent permitted by Swiss law.
- Mandatory product liability provisions remain unaffected.
8. Confidentiality and intellectual property
- Each party keeps confidential the commercial and technical information received from the other and uses it only for the purpose of the business relationship. A separate non-disclosure agreement may be concluded on request.
- Trademarks, designs and other rights of suppliers remain their property. Fujisan may use them to market the goods in the agreed territory.
9. Force majeure
Neither party is liable for failure to perform caused by events beyond its reasonable control, including natural disasters, epidemics, war, strikes, transport disruptions or governmental measures. Deadlines are extended accordingly; if the event lasts more than ninety days, either party may withdraw from the affected order.
10. Data protection
Personal data are processed in accordance with the Swiss Federal Act on Data Protection and, where applicable, the EU General Data Protection Regulation, as described in Fujisan's privacy notice.
11. Applicable law and jurisdiction
- These terms and every contract concluded under them are governed by Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
- Place of jurisdiction is Lugano, Switzerland. Fujisan may also bring proceedings at the seat of the other party.
12. Final provisions
- Deviating terms of the supplier or customer apply only if Fujisan has accepted them in writing.
- Should a provision be invalid, the remaining provisions remain in force; the invalid provision is replaced by a valid one that comes closest to its economic purpose.
- The English version prevails over any translation.
Fujisan Sagl · Via Maggio 21 · 6900 Lugano · Switzerland · UID CHE-268.469.687 · Version of October 2026