General Terms and Conditions of Optec AG
1. General
1.1 Our sales, deliveries and other services are subject to these terms and conditions to these terms and conditions in their entirety, unless they have been Amended or supplemented by written agreements. They are accepted by the Customer by placing the order or signing the contract and shall apply for the entire and shall apply for the entire duration of the business relationship.
1.2 Any other terms and conditions of the ordering party are invalid, even if we not expressly contradict them. They shall only apply if they are recognized by recognized by us in writing. Verbal information and promises, brochures and and advertising statements of any kind, in particular descriptions, illustrations, drawings Drawings, samples and quality specifications, dimensions and quality specifications, and weights of the contractual goods are not legally binding.
1.3 These GTC shall also apply to future contracts with the Customer. We reserve the right to amend the GTC at any time.
2. Prices
2.1 The prices stated in our price lists are in Swiss francs (CHF), ex works Wetzikon, excl. VAT + insurance + postage & packing & packaging.
2.2 We reserve the right to make changes to the price lists. An existing Price list becomes invalid with the publication of a new edition. In catalogs, Brochures and in the e-shop are non-binding.
3. Payment
3.1 The invoice will be enclosed with the goods on dispatch or sent separately on request sent separately on request. The payment period is 30 days net from the invoice date, without Discount deduction.
3.2 In the event of late payment, we will send a maximum of two reminders. For a fee of CHF 30 will be charged for the second reminder. If payment is not made is not made, debt enforcement measures will be initiated. In addition, in the event of interest of 5% will be charged for late payment. We reserve the right to claim damages.
3.3 It is not permitted to withhold payments due to complaints, claims or counterclaims of the Claims or counterclaims of the customer not recognized by the supplier or to reduce them.
4. Terms of delivery
4.1 We endeavor to comply with the delivery Delivery times, but we cannot provide any legal guarantee for this Guarantee for this. If a longer delivery period is necessary, the customer will be Customer will be informed at the latest after expiry of this period.
4.2 Partial delivery is possible after consultation with the Customer. The transportation costs for each delivery will be invoiced Invoiced separately for each delivery.
4.3 Express shipments are additionally charged with Additional costs, excluding the applicable postal or courier rates.
4.4 Based on the ordinance that came into force on March 4, 2022 946.231.176.72 on measures in connection with the situation in Ukraine, which came into force on In connection with the situation in Ukraine, the Federal Council has decided to European Union (EU) sanctions against Russia and thus to strengthen their strengthen their effect.
4.4.1 The buyer may not sell goods supplied within the scope of or in Connection with a purchase from Optec AG may not be exported, either directly or directly or through third parties to the Russian Federation or for use in the Russian Federation Federation.
4.4.2 The Buyer shall make every effort to ensure that the purpose of paragraph (4.4.1) is not frustrated by third parties in the thwarted by third parties further down the trade chain.
4.4.3 The Buyer shall establish an appropriate Monitoring mechanism to detect the behavior of third parties in the further chain, including potential resellers, that would frustrate the purpose of paragraph that would defeat the purpose of paragraph (4.4.1).
4.4.4 The purchaser is obliged to inform Optec AG immediately of any problems in the application of paragraphs (4.4.1), (4.4.2) or (4.4.3), including any relevant third party activities that would frustrate the purpose of Activities of third parties that could frustrate the purpose of paragraph (4.4.1). The Buyer shall provide Optec AG with information on compliance with the obligations within two weeks of a simple request for this information Available.
5. Transportation
5.1 As soon as the appliances have left our works, the risk of the risk of damage, destruction and loss passes to the customer, even if we deliver even if we deliver cif, carriage paid or under similar clauses delivery. Complaints about transport damage must be addressed by the customer immediately to the Carrier immediately, with simultaneous notification to Optec AG.
6. Guarantee / Warranty
6.1 We guarantee for a period of 24 months that the goods have the warranted characteristics, have no defects that impair their value or Defects that impair their value or suitability for the intended use, and that they comply with the prescribed performance and specifications.
6.2 Our guarantee extends to all defects occurring within the Defects occurring within the warranty period that are demonstrably caused by material defects or Manufacturing defects. This does not include replacement, repair or Or reimbursement of the invoice value for the defective products at our discretion reserved.
6.3 Complaints must be reported to us no later than 10 days after Receipt of the defective delivery. If the This obligation, the devices shall be deemed to have been approved.
6.4 If a defective delivery is returned, it must be sent to our address. The costs for the outward and return transportation shall be Borne by the customer. The defective products shall be replaced by the by the customer and cannot be charged to the supplier.
6.5 Any further warranty, in particular for consequential Consequential damage, is excluded. We accept no liability for repairs or modifications that have not been carried out by us.
6.6 Any liability for defects shall lapse as long as the customer is in
In default or if the delivered goods have been handled improperly or have been resold before
Or has been resold before we have acknowledged the complaint.
7. Redemptions
Optec AG can only take back goods that are undamaged in their original packaging and whose delivery can be documented by Optec AG can prove with a delivery bill or an invoice.The corresponding return form can be found here: Return form. The following deductions apply depending on the application
:
|
Article |
within 60 days after receipt |
61 - 180 days after receipt |
> 180 Days after receipt |
|
Original packaging, Device unused, not parameterized |
No deduction Deduction |
Less
20% of the value of the goods, |
No return Returns |
|
Original packaging, Device unused, customer-specific parameterization; must be reset by Optec AG |
Costs
for resetting: |
Less
20% of the value of the goods, |
No return Returns |
|
Original packaging, Device unused, customer-specific parameterization; must be reset by the manufacturer |
Costs
for resetting: |
Costs
for resetting: |
No return Return |
|
Defective or no original packaging, device unused, customer-specific parameterization; must be reset by Optec AG |
Less 20% of the value of the goods / device |
Less
30% of the value of the goods, |
No return Return of goods |
|
Defective or no original packaging, device unused, customer-specific parameterization; must be reset by the manufacturer |
Costs
for resetting: |
Costs
for resetting: |
No return Return |
|
Customized
Order; |
No return
Return
|
||
|
Defective
or no original packaging; |
No return Return
|
||
Optec AG may charge the customer in full for the costs associated The customer in full. Unless otherwise otherwise agreed in writing, the corresponding invoice must be paid within 30 days of the Invoice date. In all cases, payment shall be made in the form of an Optec goods credit note.
8. Exclusion of liability
8.1 Any liability for indirect or consequential damages is excluded.
9. Retention of title
9.1 We retain title to all products sold until receipt of the full purchase price. We reserve the right to make technical changes without prior notice.
10. Commissioning
10.1 Commissioning & travel expenses of our devices are charged separately according to our valid rates. For operating instructions are supplied with each appliance. If these are no longer available, the operating instructions can be downloaded from www.optec.ch available.
11. Software
11.1 All software provided, both free and both fee-based and free software, is legally protected. The Copyright, patent rights, trademark rights and all other ancillary Ancillary copyrights to the software as well as to other objects that we or make accessible to the user in the context of the initiation and execution of the contract are exclusively Contractual partners exclusively to us. Insofar as third parties are entitled to the rights, we have corresponding exploitation rights.11.2 The user is not entitled to use the Duplicate, modify, distribute or make publicly accessible the software or other modify, distribute or make publicly accessible, unless this is expressly is not expressly permitted by law or we have given our written consent in writing. Any disclosure to third parties without our express consent is is prohibited.
11.3 The user undertakes to treat all information to treat all information and software provided confidentially and not to make it accessible to third parties. This obligation to maintain confidentiality shall remain after termination of the contractual relationship.
11.4 In the event of a breach of the aforementioned rights we reserve the right to take legal action and to assert Assert claims for damages. We shall only be liable for damage caused by the use of the software provided, we shall only be liable in the event of intent or gross negligence.
12. Copyright
12.1 The copying of our printed products or our Internet pages as well as or the complete or partial reproduction of any kind is only permitted with the written permission of the management of Optec AG.
13. Data protection
13.1 Optec AG attaches great importance to the protection of personal Data. Our privacy policy, which takes particular account of privacy in the processing and storage of personal data, can be found here: Data protection.
14. Application of law and place of jurisdiction
14.1 These GTC are governed by Swiss law, in particular the provisions of the OR.
14.2 The place of jurisdiction is the registered office of the provider (Wetzikon, Hinwil).
Wetzikon, 1. September 2024