§1 Validity of conditions
1. The deliveries, services and offers of Ramtronic solely based on these terms and conditions, even if they are not explicitly agreed again. By order of the goods or services, these conditions shall be deemed. General conditions of purchase are hereby rejected.
Deviations from these Terms and Conditions shall be effective only if confirmed in writing.
§ 2 Offer and Conclusion
1. The offers of Ramtronic in price lists and advertisements are non-binding. Orders are binding for Ramtronic only after written confirmation. Confirmations will be created only on request.
2. The information contained in our sales documents (drawings, illustrations, dimensions, weights and other benefits) are to be understood as a guide only and do not constitute a warranty of properties unless they are expressly designated in writing.
3. The excess of a buyer by placing an order his credit limit, so we are released from our delivery obligation.
§ 3 Prices
1. The key point is stated in our order confirmation. These are fixed for stock goods at the time of the order. Supply shortages and errands of daily price applicable on the day of order.
2. The prices are, unless otherwise agreed, plus transportation costs, incl. 8% VAT.
§ 4 Delivery and Performance
1. Dates and delivery periods are not binding unless expressly agreed otherwise in writing. Certain items of delivery times and dates by Ramtronic is subject to the proper and timely delivery of Ramtronic by suppliers and manufacturers.
§ 5 default of acceptance
1. If the buyer refuses or declared not to want to accept the goods acceptance of the delivery items after a set respite Ramtronic may refuse to honor the contract and claim damages for non-performance. Ramtronic is entitled to demand a lump sum as compensation either 25% of the agreed purchase price or replacement of the effective damage from the buyer.
§ 6 Delivery
1. Visible differences in quantity must immediately upon receipt of the goods, concealed quantity differences are reported within 4 days of receipt of the goods Ramtronic and the carrier. Complaints regarding damage, delay, loss or poor packaging shall be notified immediately upon receipt of the shipment.
§ 7 Passing
1. The risk passes to the buyer once the shipment has been handed over to the person performing the transport. If shipment is delayed for reasons beyond our control or impossible, the danger with the notification of readiness for shipment to the buyer. An agreed in individual cases bearing the transport costs by Ramtronic does not affect the transfer of risk.
§ 8 Warranty
1. The warranty in accordance with the following provisions shall be 1 year, unless expressly agreed otherwise in writing.
2. The warranty period begins on the date of delivery. If our operating or maintenance instructions are not followed, changes, parts are replaced or consumables used which do not meet the original specifications, any warranty if the defect is due to this. This also applies if the defect is improper use, storage and handling of equipment, or unauthorized modifications opening of equipment is due. Insignificant deviations from warranted characteristics of the goods do not trigger warranty rights.
3. Liability for normal wear and wear and tear is excluded.
4. Warranty claims against Ramtronic are entitled only to the direct purchaser and are not transferable.
§ 9 Returns
1. For returns we demand that the defective part or device with a completed repair form and a copy of the invoice with which the device came in is sent or delivered to Ramtronic for repair. The shipping costs will be borne by the buyer. By the replacement of parts, assemblies or whole devices no new warranty periods in force. The warranty is limited solely to the repair or replacement of the damaged delivery items. The buyer has to pay when sending the equipment to be repaired ensure that this contained data are backed-up, as they may be lost during repair procedures.
§ 10 Retention of Title
1. The delivered goods until full payment of Ramtronic.
§ 11 Payment
1. The calculations are as per agreement by cash on delivery, cash or within 10 days net payable, unless otherwise agreed. Delivery is generally not free, that is, charged to the buyer via parcel service, forwarding or private vehicle, unless expressly agreed otherwise.
2. A payment shall be considered made when we can dispose of the amount. Cheques are only accepted and considered only after they cashed.
3. If the customer is in default, we are entitled to charge from the relevant date interest in the amount of 10%. During the duration of the delay Ramtronic is also entitled at any time to cancel the contract, return of the goods and to recover damages on the passing cancellation of the contract.
4. All claims become due if the buyer defaults on payment, other material obligations under the contract culpably fails to comply or if we become aware of circumstances which are likely to reduce the creditworthiness of the buyer, particularly of payments, pendency of conciliation or bankruptcy proceedings. In these cases, we retain the right to withhold any outstanding deliveries or only against advance payment or collateral.
§ 12 Limitation of Liability
1. Claims for damages from impossibility of performance, breach of contract, negligence in contract and tort are excluded both against us and against our vicarious agents, unless intentional or grossly negligent. No liability is accepted for any consequential damages arising from the use of the products.
§ 13 Copyrights / software warranty
1. As far as software is included, this buyer is left alone to the unique resale or for private use, ie he may copy these neither nor left to others to use. Software is excluded from any warranty on forms. Apply only to the provisions of the manufacturer of the license agreement.
1. Ramtronic is entitled to process concerning the business connections or in connection with the data obtained on the purchaser, regardless of whether they come from the buyer or any third party for the purposes of the Data Protection Act.
§ 15 Place of Jurisdiction
1. Wald ZH is exclusively jurisdiction for all disputes arising from the contractual relationship, directly or indirectly arising disputes. The contract shall be governed by Swiss law.
Friday 02 January 2015