The General Terms and Conditions (hereinafter GTC) of Zi-bris AG apply for all business relationships between Zibris AG and its customers. Customers in this context are understood to be all natural persons and legal entities that have business relationships with Zibris AG. The GTC apply to all products and services offered or provided by Zibris AG.
The customer's GTC shall be used only if they have been expressly accepted in writing by Zi-bris AG. All amendments, supplements, arrangements or ancillary agreements with legal consequences must be in written form in order to be deemed valid. The current and binding version of the GTC is published on the internet at www.zibris.ch. A hard copy can be downloaded from the internet site www.zibris.ch and printed in PDF format.
The current prices are published in the online shop on the Internet, subject to price changes and errors. Prices are only binding once they have been acknowledged via an order confirmation from Zibris AG. The prices of the products or services are quoted net, excluding VAT, packaging and dispatch. The current dispatch costs can be viewed in the download area on the www.zibris.ch Internet site and can be printed in PDF format. The contract is concluded upon the customer's receipt of the written or electronic order confirmation from Zibris AG.
The delivery dates given by Zibris AG are not binding. The dates are based on empirically established figures and prompt dispatch by the suppliers of Zibris AG and are in no way guaranteed. Under no circumstances shall Zibris AG be made liable for consequential losses sustained by the customer due to delayed delivery. The customer can only withdraw from the order if s/he can prove that the order confirmation does not correspond to the agreed conditions.
Delivery is carried out by transport contractors or by our own dispatch department. All deliveries, including any returns, are sent for the account and at the risk of the Customer. All freight, packaging and insurance costs are borne by the customer. Special services such as express deliveries or COD (cash on delivery) are billed in addition.
The benefits and risks associated with the goods are transferred to the customer upon handing over the products for dispatch. Upon collection by the customer or his/her authorised agent, all risks associated with the goods are transferred to the customer.
The customer is obliged to check the completeness and correctness of the products and services supplied by Zibris AG immediately upon delivery and/or collection. Any irregularities or damage of whatever kind caused in transit must be marked on the delivery papers of the carrier and/or immediately reported to the post office responsible for delivery. Hidden damage must be reported in writing within five working days. In the absence of examination and notification within the specified timeframe, the products and services purchased are deemed to have been accepted and any warranty claims vis-à-vis Zibris AG shall expire.
Incorrect deliveries, incorrect orders, flaws or complaints of any kind must be reported to Zibris AG immediately or, at the latest, within five working days of delivery by the carrier or collection of the goods by the customer. At the end of this period returns are generally no longer possible. Products wrongly ordered or delivered are only accepted if the goods are returned in their complete, original and unopened condition. Returns are only accepted if Zibris AG has been notified in advance and has authorised the return. Returns are made for the account and at the risk of the customer. The return of procurement articles (ordered specially for the customer) is not permitted.
Responsibility for the selection, configuration, implementation and use of products and the results deriving therefrom is assumed by the customer. The customer acknowledges that Zibris AG does not undertake any checks upon receipt of the products delivered by the manufacturer and/or supplier. The warranty of Zibris AG for the products supplied is determined in every regard by the guarantee provisions of the relevant manufacturer/supplier. Zibris AG provides a 90-day guarantee on all spare parts. The customer waives any further warranty claims vis-à-vis Zibris AG and the manufacturer/supplier.
Zibris AG reserves the right in individual cases to assign all its guarantee claims vis-à-vis the manufacturer/supplier to the customer. In addition, the customer acknowledges that a defect is only deemed to exist if it is recorded in writing immediately after discovery and comprises a significant fault that might be repeated.
Warranty is excluded for faults caused by the following:
1. inadequate maintenance
2. non-compliance with the operating or installation instruc-tions
3. inappropriate use of the products
4. use of non-authorised parts and accessories
5. general wear and tear
6. transport, inappropriate use and/or treatment
7. modifications or attempts to repair
8. outside influences, in particular force majeure (e.g. failure of the power supply or air conditioning, damage caused by natural hazards) and other reasons for which neither Zibris AG nor the manufacturer/supplier can be held responsible.
The customer and/or purchaser is entitled to sell the goods in normal business dealings; however, a pledge or transfer of ownership by way of security is not permitted. The customer and/or purchaser is obliged to guarantee our reserved rights in the event of reselling the goods on credit.
As a rule, the invoice is sent with the delivery of the goods. Net payment is generally due 10 days after the invoice date, except in the case of new customers, who must normally pay in advance before the goods are supplied. If payment is not received within the period specified the customer is deemed to be in default. No reminder is sent. Early payment does not offer entitlement to a deduction of discount. Offsetting or retention of payments due to counter-claims of whatever nature is not permitted. Upon expiry of the agreed payment deadline we shall levy default interest of 1% of the invoiced amount per month. In the event of late payment, Zibris AG is entitled to suspend further orders and/or deliveries to the customer without prior notification until the outstanding amount has been settled in full. Furthermore, Zibris AG reserves the right to sell goods reserved by the customer to other customers of Zibris AG. The customer must notify Zibris AG immediately in the event of foreseeable liquidity shortfalls.
The customer is not entitled to deduct any claims it might have against Zibris AG against any payments due. All rights of retention on the part of the customer are categorically excluded.
Zibris AG is liable solely for direct damage, and only if the customer can prove that this was caused by the gross negligence of Zibris AG or a third party mandated by Zibris AG. Liability is limited to the cost of the relevant delivery or service. Any further liability on the part of Zibris AG, its auxiliary staff or third parties mandated by Zibris AG is excluded. In particular, the customer has no entitlement to compensation for damage that was not suffered by the product itself, such as production stoppages, utilisation and data loss, loss of contracts, foregone profit or any other indirect or consequential losses.
The products distributed by Zibris AG are subject to the statutory export provisions. The customer undertakes to apply for the special export authorisation from the relevant authority prior to any reexportation of the products. In the event of the sale or other transfer of the products, this duty must be transferred to the relevant acquirer in the sense of a transfer of obligations.
Zibris AG does not own any copyright for the software sold. The utilisation and guarantee conditions relating to software products, user manuals and other documentation supplied by Zibris AG are therefore governed by the relevant provisions of each software manufacturer that can be found in the software licensing agreement between the software manufacturer and the user/endcustomer. In the event of the sale or other transfer of the software products, the customer undertakes to transfer the obligations from the software manufacturer's utilisation and guarantee conditions to the relevant acquirer in the sense of a transfer of obligations.
The customer is responsible for the access data. Zibris AG cannot be held responsible for any damage due to inappropriate use, e.g. passwords.
Zibris AG reserves the right to amend the GTC at any time. Amendments to the currently valid GTC can be accessed and viewed on our website www.zibris.ch. Orders that were received before the amended GTC came into force, and that are binding due to the fact that they have been confirmed by Zibris AG, are governed by the previous GTC, even after the amended GTC have become valid.
All the obligations contained in the contractual relationship are subject to Swiss law. The Viennese purchasing right (United Nations Convention on Contracts for the International Sale of Goods) is excluded. The place of jurisdiction for all legal disputes arising from the contractual relationship, its drafting and its effect is the Head Office of our company.