Sale and delivery shall only take place under the following exclusive terms.
The prices quoted shall not become binding until after the jointly signed order confirmation by the customer and by iLötscher has been dispatched. This agreement can take place either orally or electronically.
Customers shall pay for orders after services have been rendered according to the agreement. Offers are valid for 30 days. All prices are valid ex Zurich.
Unless otherwise agreed, invoices shall be paid strictly net within 20 days. If delivery against invoice is agreed, all goods and services supplied by iLötscher shall remain the property of iLötscher until they have been paid in full.
If the customer falls into arrears with a payment, iLötscher shall reserve the right to provide future services only when in receipt of advance payment. iLötscher shall charge 5% p.a. after the payment term has elapsed. If an invoice remains unpaid, iLötscher shall reserve the right to increase the amount by 10%. The customer shall not be entitled to plead offsetting against iLötscher due to improper fulfilment or any supposedly existing counter claims.
The product known as SLA Re@ct is always associated with a separate SLA Re@ct contract. SLA Re@ct contracts specify in detail the services in respect of the customer.
Upon acceptance of the order and the signing of the order confirmation, iLötscher commits itself to provide the service, and the customer commits him-/herself to accept the service. In the case of the cancellation of an order, the customer commits him-/herself to compensate iLötscher, under the proviso of asserting further claims, with 25% of the order volume for inconvenience and lost profit.
Unless otherwise agreed, iLötscher shall provide no guarantees. The guarantees provided by the hardware and software manufacturers shall apply. Guarantee claims shall only be accepted if the article was transported in the original packaging and a full description of the fault is included. If no conflicting guarantee provisions exist, iLötscher is entitled to choose between the following means of compliance:
– by repairing the goods
– by compensating for the faulty goods with a price reduction commensurate with the inferior quality
Rescinding the contract or reducing the purchase price on the part of the customer shall be excluded in any event. Cause of action and pleas on the part of the purchaser shall lapse upon expiry of the guarantee period. Expendable materials are excluded from the guarantee terms.
If a data storage device, a complete CPU, or a notebook is handed over to iLötscher, the customer shall in all cases bear full responsibility for properly backing up the data before handing over the item.
Any further claims other than those specified in the guarantee section shall be excluded. Any further liability is excluded, and in particular no liability shall be accepted for direct or indirect damage resulting either directly or indirectly from the use, failure, or performance failure of goods supplied by iLötscher.
The order shall be deemed fulfilled if the customer does not submit a written complaint to iLötscher within 10 days of the rendering of the service in question.
The place of jurisdiction for all disputes with iLötscher is the legal domicile of iLötscher.