General Terms and Conditions of the company cre8 it-solutions GmbH, hereinafter referred to as supplier.
Validity of the GTC
The general terms and conditions are governed by Swiss law and shall apply within Switzerland, provided that the parties expressly or implicitly acknowledge them. Changes and ancillary agreements are only effective if they are confirmed in writing by the supplier.
If a contract is concluded and the customer also submits gtcing stock, the matching points apply. A written agreement shall be made with respect to the different components.
These Terms and Conditions shall apply for an indefinite period as long as they have not been amended by the parties in written agreement.
In addition, the provisions of the OR relating to the contractof sale (Art.184 et seq. OR
) as well as other Swiss laws and regulations. Should any provision of this contract be or become invalid or the contract contains a gap, the legal validity of the remaining provisions shall remain unaffected. Instead of the invalid provisions, an effective provision shall be deemed to be agreed from the outset, which comes closest to the economically desired by the parties. The same applies in the case of a gap.
The cre8 it-solutions GmbH sells cleaning products and other products, mainly to end customers as well as to retailers.
Price lists and brochures contain non-binding information and indicative prices. Telephone information has no longer-term validity, as far as it is not clearly an offer.
Offers made in writing, by telephone, in personal conversation, by fax or by e-mail shall be deemed binding. If the customer requests deliveries, products or services that are not included in them, they will be invoiced additionally.
An offer is valid for 30 days unless otherwise agreed in writing. All documents and samples submitted with the offer remain the property of the supplier. Without the supplier’s consent, third parties may not be granted access to the offer documents. Information, which is designated as a guideline by the supplier, is non-binding and should only be used to estimate orders of magnitude.
An offer is accepted by the customer explaining this in writing, by telephone, by fax, e-mail or in a personal conversation. The supplier confirms acceptance in writing by fax or e-mail.
If the customer wishes to make a change to the order confirmation, the supplier shall inform him within two weeks whether the change is possible and what effect it has on the provision of the services, the dates and prices. The supplier is bound to an offer to change the service for two weeks. The change does not apply to products that have already been delivered.
The supplier undertakes to deliver the agreed products to the customer on the dates specified in the order confirmation, while the customer undertakes to purchase and pay for these products at the predetermined time.
The dates shall be appropriately postponed if obstacles arise which are beyond the supplier’s will; such as natural events, mobilization, war, riots, epidemics, accidents and illness, significant operational disruptions, labour disputes, delayed or incorrect deliveries and official measures.
In the event of any other delays, the customer may
- forgoing further deliveries: He must inform the supplier of this without delay.
- Require partial deliveries, if possible: This must be agreed immediately.
- set a reasonable period for subsequent performance by the supplier: If the supplier does not fulfil until the expiry of this grace period, the customer may, if he declares it immediately, renounce the subsequent performance or withdraw from the contract.
The supplier must inform the customer of any delays as soon as possible. Any damages will be paid in accordance with Art. Calculated.
The order confirmation is decisive for the scope and execution of the delivery. The supplier supplies the products in the ordered version, software in machine-readable form in the valid version at the time of delivery.
Insofar as no special place of performance is agreed by the parties or emerges from the nature of the transaction, the delivery shall be deemed to be the provision of the products at the supplier’s registered office.
Unless expressly agreed otherwise, the benefit and risk shall pass to the customer upon departure of the goods from the sender.
Unless a special acceptance procedure has been agreed, the customer must inspect the products himself and notify any defects in writing. If the customer fails to notify within two weeks of delivery, the products in all functions shall be deemed to be free of defects and the delivery as approved. The customer is then obliged to pay on time.
Prices and terms of payment
Prices are set in the offer. The sales tax is added. The seller bears the costs for trade fairs, weighing and packaging. The buyer assumes the transport costs as well as the costs for the inspection of the goods.
The customer is obliged to pay within 10 days after delivery. For deliveries over CHF 5’000.- half of the purchase price must be transferred at the time of conclusion of the contract, the rest on delivery. If the customer pays by credit card or if he is granted a loan, the entire amount will be charged upon delivery.
Service expenses are due without deduction within 30 days of the invoice date.
If payment terms are not complied with, the supplier is entitled to
- To make claims against the customer immediately
- or to demand collateral for all outstanding claims
- and/or outstanding deliveries only against advance payment.
If guarantees or payments have not yet been provided even at the expiry of a reasonable grace period, the supplier may withdraw from the contract even if the goods or part of them have already been delivered.
If the customer does not meet the payment conditions, the supplier is entitled to claim damages.
The customer may offset against counterclaims to the supplier if these are due or if a final court ruling has been made.
If the customer fails to meet the payment deadlines, he must pay without a reminder from the date of due date to a default interest rate that is four percent higher than the respective discount rate of the Swiss National Bank.
The supplier undertakes to take care and delivers the products in a good quality. He remains committed to the careful selection, training and professional functioning of the employed employees as well as to their monitoring. The warranty period lasts one year.
In the event of defects in the delivered goods, the customer may demand change or reduction after OR or goods of the same class as a substitute. The provisions of the OR apply.
Excluded from the warranty are defects and malfunctions for which the supplier is not responsible, such as natural wear and tear, force majeure, improper handling, interventions by the customer or third parties, excessive use, unsuitable equipment or extreme environmental influences.
If the customer resells the products, he is responsible for compliance with domestic and foreign export regulations. If the customer changes the resold products, the resulting damages to the supplier, the buyer or third parties are liable. The provisions of the Product Liability Act remain reserved.
Obligation to provide information
The parties shall draw each other’s attention to special technical requirements and to the statutory, official and other regulations at the destination insofar as they are relevant for the execution and use of the products. In addition, the parties shall inform themselves in good time of obstacles which may call into question the fulfilment of the contract or lead to inappropriate solutions.
The place of jurisdiction is the registered office of the supplier. However, the supplier may also call the court at the customer’s registered office.
The parties will endeavour to resolve any disputes arising from the performance of this Agreement by amicably.