Facts
The [X. GmbH] (appellant) delivered 12'000 tea boxes made of bamboo to the [Y. GmbH] (appellee). The appellee complained about defects in the tea boxes, such as extreme, non-food-grade emissions, mold infestation, and rusty fittings. The appellee demanded reimbursement of CHF 76'817.35 and additional amounts. The Commercial Court of the Canton of Aargau ordered the appellant to pay these amounts.
The appellant requests the reversal of the judgment and the dismissal of the complaint. It alleges a violation of the provisions on the statute of limitations and the jurisdiction of the conciliation authority.
Considerations
The Federal Court applies the law ex officio and examines the appellant's allegations. It finds that the lower court interrupted the statute of limitations by the appellee's conciliation request of September 8, 2011. The Federal Court agrees with this opinion and holds that the submission of the conciliation request establishes jurisdiction and interrupts the statute of limitations.
The Federal Court also examines the appellant's allegation that the lower court incorrectly established the facts regarding the General Terms and Conditions. However, it finds that the lower court did not consider the General Terms and Conditions as part of the contract, since the appellee was not aware of them.
The Federal Court finally examines the…