GTC

Sales only to commercial customers (net prices excluding VAT)

Our offers are non-binding. A purchase contract is only concluded through our written order confirmation. If delivery occurs without prior order confirmation, the contract is established through acceptance of the delivery under these conditions. All contracts are exclusively governed by these terms, which are acknowledged by the buyer upon placing the order or accepting the delivery. Any differing terms from the buyer are hereby expressly rejected. Side agreements and changes, as well as the use of conflicting terms and conditions, require our written confirmation.

2.1 The scope of delivery is determined by our written order confirmation. We reserve the right to make partial deliveries.
2.2 We are liable for compliance with specified shipping or delivery deadlines only if they have been expressly designated as binding.
2.3 If a binding shipping or delivery date or deadline is exceeded, the buyer may set a written grace period of one month and withdraw from the contract after its unsuccessful expiration.
2.4 Withdrawal from the contract is only possible with our written consent. The following amounts are due for immediate payment: up to 90 days before the planned delivery date 10%, up to 60 days 20%, up to 30 days 30%, within 30 days before planned delivery 40%, and after the shipment has already been initiated 50% of the goods’ value.

3.1 All prices are ex warehouse. The prices for devices include the costs for standard packaging. If the buyer requests special packaging, the additional costs will be borne by them.
3.2 The buyer bears all applicable taxes, customs duties, fees, import, and export charges.
3.3 The buyer is responsible for all transport costs from our warehouse in Brüttisellen. Transport insurance will be obtained for all goods delivered by us.
3.4 The delivery and installation of devices by us are at the buyer’s expense. We will charge for these service costs according to our service price list.
3.5 For orders valued under 230 CHF, we generally charge an additional small order processing fee of 15 CHF.

4.1 Payments must be made within 14 days net unless expressly agreed otherwise. Even for partial deliveries, the total invoice amount for the partial delivery is to be paid within 14 days net.
4.2 For first-time orders, prepayment or cash on delivery may be required, as well as in cases of exceeding the granted credit limit. For the return of repaired goods and small order deliveries as per clause 3.5 we reserve the right to ship cash on delivery.
4.3 In case of exceeding the payment deadline, we are entitled to charge reminder fees from the first payment reminder and, in addition, interest amounts equivalent to our incurred bank charges and to withhold future deliveries until payment is received.
4.4 Bills of exchange and checks are only accepted by special agreement and then only as payment, free of charge and expenses for us.
4.5 If there is a change in the buyer’s creditworthiness, which becomes known to us after the conclusion of the contract, or if the payment conditions are not adhered to, we are entitled, even in the case of special payment deadlines, to demand immediate payment of all outstanding invoices, to withdraw from the contract in whole or in part, and/or to make delivery contingent upon advance payments and to demand the return of already delivered goods without prejudice to further claims for damages.
4.6 The assertion of retention rights or offsetting against any claims of the buyer is expressly excluded unless we have acknowledged the buyer’s claims in writing or the buyer’s claims have been legally established.

The buyer is obligated to accept deliveries and partial deliveries without delay. Acceptance must be confirmed in writing. If the buyer fails to accept a delivery, they will be in default without a reminder or grace period and are obliged to compensate for any resulting damages.

The risk transfers to the buyer upon handover to the transport person.

The delivered goods remain our property until all our claims against the buyer have been fully settled. The buyer is obliged to store the goods that are our property with commercial care and to insure them adequately. The buyer is authorized to process and sell the goods in the ordinary course of business, but not to pledge or transfer ownership as security. Any processing is done for us, without imposing obligations on us. Resale of the goods delivered by us may only occur under retention of title. The buyer hereby assigns their claim for the purchase price from future sales to us as collateral. Upon request, the buyer must confirm the assignment in writing. The buyer is authorized to collect the claims assigned to us, but not to take any other actions. This authorization can be revoked at any time. The buyer must inform us immediately of any enforcement measures concerning items and rights that belong to us. The buyer bears the costs of intervention. If the value of the securities provided to us exceeds our claims by more than 20 percent, we are obliged to return them to the buyer upon request.

8.1 We warrant to the buyer that the delivered products are free from defects that significantly restrict or nullify their usability at the time of the transfer of risk. If a product does not meet this quality, we will repair or replace it free of charge, reserving the choice between the two. However, damages due to natural wear and tear, improper installation, or unauthorized repairs or maintenance are excluded from all warranty claims. The buyer is obliged to notify us in writing without delay and to send the defective part. If the buyer fails to comply with this obligation, they lose their warranty rights. The buyer has the right to rescind the purchase (cancellation of the sale) or to reduce the purchase price only if the repair or replacement delivery has failed. Repair is considered failed if an acknowledged defect has not been remedied and the buyer has fruitlessly set us a grace period of one month.
8.2 We may refuse acceptance of returned products if we have not been informed of the reason for the return. We will eliminate acknowledged defects free of charge at our discretion either at our premises or at the buyer’s location. Accompanying costs, such as for packaging, transport, etc., will be borne by the buyer. The warranty obligation is not extended in time by repair, rework, or replacement delivery.
8.3 Warranty claims expire after the agreed period has elapsed, calculated from the time of the transfer of risk. Warranty claims for spare parts expire 30 days after dispatch or installation by us.
8.4 Claims for damages due to defects are excluded, except where caused by unlawful intent or gross negligence.
8.5 We are only liable for damages based on other legal grounds, in particular due to delay, impossibility, fault upon conclusion of the contract, positive contractual breach, and tortious acts if the damage is attributable to gross negligence or intent on the part of Transtec Computer AG or due to the absence of a guaranteed property.
8.6 Transtec Computer AG is only liable for data loss if the data loss can be attributed to intent or gross negligence and if the customer has backed up the data at application-adequate intervals, at least once a day, in machine-readable form, thus ensuring that these data can be restored with reasonable effort.

Transport damages will only be compensated under our transport insurance if the damage is reported to us or the transporter in writing within 6 days after delivery of the goods or, in the case of concealed damages, after discovery of the damage.

10.1 The buyer may only assign existing claims against us with our express consent.
10.2 Should individual provisions of these terms be ineffective, this shall not affect the validity of the remaining provisions. Ineffective provisions shall be replaced by effective provisions that come as close as possible to the intended purpose.
10.3 Only Swiss law is applicable.
10.4 The place of performance is Brüttisellen. The competent court for all disputes arising directly or indirectly from the contractual relationship is Uster for both parties, including claims in bill of exchange or check proceedings. However, we are entitled to sue the buyer at any other justified place of jurisdiction.