The order shall only become legally valid upon our written order confirmation. The applicability of other or additional conditions, in particular the customer's general terms and conditions, is excluded. The scope of services is based on the information in the order confirmation.
Place of delivery or performance
Unless a special place of performance has been agreed or is evident from the nature of the transaction, performance shall be deemed to be provision at our registered office, i.e. delivery ex works (EXW Incoterms 2010).
Work results and software
If we transfer work results, information on data carriers, documentation or software to the customer, he may use them within the framework of the existing license conditions. In the absence of such terms and conditions, and if the scope of the right of use cannot be deduced from the purpose of the transfer, the customer and his customers shall only have the right of use with the corresponding products, but not of independent sale, distribution, reproduction, extension or modification. Work results and software shall remain our property unless otherwise agreed.
Only deadlines guaranteed in writing are binding. They shall be extended appropriately if we do not receive the necessary information in good time, if the customer is in arrears with his work or the fulfilment of his contractual obligations, or if obstacles occur which are beyond our responsibility.
In the event of delays, the customer shall grant us a reasonable period of time for subsequent performance. If we are unable to meet this grace period, the customer may only withdraw from the contract if a further delay is unreasonable for him and he gives notice of withdrawal within three working days.
The client shall check products and services immediately upon receipt, in particular identity, quantity, transport damage and accompanying documents. The customer shall carry out further checks as soon as possible. Any defects must be reported immediately after discovery.
We vouch for the fact that we exercise the necessary care and that our products and services fulfil the warranted characteristics. We are only liable for suitability to the extent that the customer informed us expressly and in writing about the use before conclusion of the contract.
In the event of defects, the customer shall grant us a reasonable period of time to remedy the defect. If this fails, he shall be entitled to an appropriate price reduction. He may only withdraw from the contract if acceptance of the products or services is unreasonable.
The warranty and limitation periods are twelve months. They shall not be interrupted with the acknowledgement or rectification of a defect.
We shall be liable within the scope of our liability insurance for personal injury and property damage demonstrably caused to the customer by our fault. The customer is entitled to compensation for the actual damage, but not more than ten percent of the value of the defective service. Compensation for indirect damage or pure financial loss such as loss of profit, loss of image or claims by third parties etc. is completely excluded.
Additional claims, namely for the conduct of auxiliary persons, are excluded.
Terms of payment
The prices are due for payment net within thirty days of the invoice date. If the customer fails to meet the payment deadline, interest on arrears of five per cent per annum shall be payable from the due date without a reminder.
In the event of late payment, we may set a grace period of ten days and, in the event of non-payment, make the fulfilment of services, even if they do not originate from the same legal relationship, dependent on suitable securities including an advance payment.
The offsetting of own claims by the customer is excluded.
We ourselves as well as the customer shall not disclose to third parties any information from the business area of the other which is neither generally accessible nor generally known. This duty of confidentiality shall also apply to employees and agents.
Choice of law and place of jurisdiction
This legal relationship is subject to Swiss law. The place of jurisdiction is our registered office in Schwerzenbach. We may also bring an action before the court at the customer's registered office.
Schwerzenbach, 14. August 2022
Do you have any questions about our products or services? We will be happy to answer them personally. Please contact us.