AGB
The following text was translated by machine.
Scope
These general terms and conditions apply to all contractual relationships between SYSTRONIC AG and its customers unless expressly amended or waived. Such deviations require the written consent of SYSTRONIC AG for their validity.
General terms and conditions of customers are not valid unless an alternative written agreement has been explicitly made.
Validity of Offers
Offers by the company are non-binding unless their validity period is expressly stated. They are subject to prior sale and technical changes.
Orders / Changes / Cancellations
By placing a binding order, the customer acknowledges these general terms and conditions.
Minimum Order Value
The minimum order value (goods and/or services of any kind) is CHF 50 net. For orders below this value, a minimum amount of CHF 50 plus statutory value-added tax will be invoiced.
Changes
After order confirmation by SYSTRONIC AG, amendments or cancellations can only be made with mutual consent in writing.
For custom-made products, changes or cancellations after order confirmation are excluded.
Cancellation
Customer cancellation after order confirmation results in the immediate maturity of the full order price.
SYSTRONIC AG can withdraw from the contract at any time for significant reasons. Significant reasons include, but are not limited to, customer payment default, threat of bankruptcy to or bankruptcy of the customer, changes in facts since the offer acceptance that make performance unreasonable for SYSTRONIC AG, customer’s failure to cooperate, etc.
Delivery Dates
Only delivery dates explicitly guaranteed in writing by SYSTRONICS AG are binding.
Delivery dates are extended accordingly if:
the customer does not provide necessary information in a timely manner or if they are subsequently changed, the customer is delayed in their work or in fulfilling their contractual obligations, the customer does not adhere to the payment terms, obstacles arise beyond the responsibility of SYSTRONICS AG, including (but not limited to) delayed or faulty deliveries from suppliers.
SYSTRONICS AG only compensates for any delay damage attributable to its gross negligence.
Acceptance and Notification of Defects
If no specific acceptance procedure is agreed upon, the customer is responsible for inspecting the entire delivery or service provided. SYSTRONICS AG, or on its behalf the producer, will provide the necessary support to the customer.
Upon receipt, the customer must immediately check the delivery for identity, quantity, externally visible transport damage, and accompanying documents. They must also check other conditions as soon as possible.
Any defects must be reported within three working days of discovery.
Products and services are deemed accepted if no notification of defects is received within thirty days, or for spare parts within three days, of delivery, or if products and services are economically utilized, especially if the customer operates a machine.
Warranty
The customer must inform SYSTRONICS AG of all conditions and circumstances relevant to the use of the delivered goods and/or services. SYSTRONICS AG ensures that it exercises the necessary care and that its products and services meet the requested specifications. Otherwise, all warranties are waived to the extent permitted by law.
In the case of defective goods, SYSTRONICS AG assigns all warranty claims directly to the customer for direct enforcement against the supplier and/or producer. The warranty periods of the suppliers and/or producers apply.
Further warranty claims, especially for consequential damages, are excluded.
Safety
The customer is responsible for the installation and application of the products as well as their combination with other products. They must exercise due care and consider all safety aspects. SYSTRONICS AG assumes no liability in this regard.
The customer is obligated to provide all necessary safety information to the user in an appropriate form. If necessary, they must acquire the necessary knowledge themselves.
Liability
SYSTRONICS AG is only liable for damages demonstrably caused to the customer by gross negligence on the part of SYSTRONIC AG. Liability is limited to damage settlement by liability insurance.
Prices and Payment Conditions
The offered prices (including any commissions) are, unless otherwise stated, in Swiss Francs. Value-added tax, fees, duties, customs, transportation, packaging, insurance, installation, and commissioning are additional.
Additional costs may apply if the customer fails to fulfill their obligations or fulfill them on time, especially if structural requirements or operationally necessary installations are missing.
Invoices are net and payable within thirty days of delivery of the goods. Deviating conditions in the offer from SYSTRONICS AG remain reserved. Delays in acceptance do not entitle to postpone payment deadlines. Offset with claims against SYSTRONIC AG is excluded.
In case of customer payment default, default interest of 5% is due. Additionally, SYSTRONICS AG reserves the right to withdraw from the contract and reclaim the delivered products. The customer is liable for the associated expenses and damages incurred.
Applicable Law and Jurisdiction
These general terms and conditions as well as all legal relationships between the customer and SYSTRONICS AG are exclusively governed by Swiss substantive law, excluding conflict of law rules and international agreements.
The exclusive place of jurisdiction is the registered office of SYSTRONICS AG. SYSTRONICS AG may also invoke the court at the customer’s registered office.