isonet

General Terms & Conditions

General Terms and Conditions of isonet ag.

Object of these General Terms and Conditions
The following conditions govern the mutual relations between the customers, his legal successors and isonet ag (hereinafter referred to as isonet). Written agreements between the parties of a different nature, particularly possible license agreements, are expressly reserved. Terms of trade from a customer only apply if they are explicitly accepted by isonet in written and if they are not contradictory to the General Terms and Conditions of isonet. All subsidiary agreements, changes, additions and legally binding declarations must be in writing in order to be valid.

Offers and Orders (Contract)  
All offers of isonet and their websites are always without obligation. The purchase or agreement shall be concluded on the day of acceptance of the offer of isonet by phone, fax, email or delivery of the order. isonet is entitled to withdraw from the contract, whereupon the price mentioned in the order confirmation or the price of sale at the time of delivery shall prevail. The contract for downloads from the isonet website shall be concluded as soon as the download is started by the customer. Variances of products presented on the isonet websites regarding design, packaging or technical characteristics are reserved.

Delivery
Unless otherwise agreed, the delivery is effected from stock to the address stated by the buyer. Details regarding the time of delivery are without obligation. In case of partial deliveries the customer shall bear any additional costs. Delays in delivery do not entitle the customer either to withdraw from the contract or to claim compensation. Delays of delivery due to force majeure that entitle both parties to withdraw from the contract within 90 days regarding the affected products are excluded.

Packaging
isonet cannot be held liable for damages in transit.

Liability for Defects
Deficiencies of the delivered goods must be reported to isonet immediately after receiving the delivery. Notifications that are transmitted to isonet after a period of 5 days do not obligate isonet to replace the product.

Reconsignments
The reconsigment of products by the customer is subject to prior approval by isonet and is effected at the customer’s cost and risk. The products must be returned with original packaging and with a detailed description of failure or fault and the sales receipt. Electronic software downloads and software licenses are excluded from any cancellations or returns. Other software products can only be returned in the original plastic seal with an undamaged seal and in the original packaging. isonet reserves the right to return products with a missing, damaged or written-on original packaging or products that are no longer in an immaculate state at the customer’s cost and risk. With regard to returned products that are not accompanied by a description of failure isonet reserves the right to perform troubleshooting at the customer’s cost (minimum effort: 1 hour). At any case, the operational sequences of isonet and those of the manufacturer do count. Before reshipping the products, the customer is obliged to demand a Return Merchandise Authorization (RMA) number and form.

Products that cannot be returned:

  • Products that have not been purchased at isonet
  • Procurement articles
  • Licenses
  • OEM versions
  • Products without original packaging
  • Damaged products
  • Products with an open protective packaging
  • Opened software packages
  • Partial products
  • Downloaded products

The products are returned at the customer’s cost and risk within 5 working days after receiving the shipment. isonet reserves the right to reject consignments received after this period. Generally, products cannot be returned if the customer has placed an order by incorrect assumptions or by mistake.

Prices and Terms of Payment  
Information on goods and prices provided by isonet are non-binding. The total amount includes VAT (excl. VAT: 310 112) in Swiss francs (CHF). Abroad deliveries can be settled in other currencies. Delayed partial shipments, complaints or warranty claims do not entitle the customer to delay or to reduce payment of delivered products. All prices are applicable of the preferred disposal fee (vRG).

The following terms of payment apply for all deliveries:

  • Delivery against invoice (payable within 20 days)
  • Credit card payment
  • Payment in advance
  • Cash on delivery
  • Cash payment

Additional costs, like costs for packaging and shipment/delivery (freight/transport) are not included. Freight charges are invoiced separately according to the selected method of payment. If the delivery date is to be rescheduled due to a change order of the customer, isonet reserves the right to price changes. Change orders or order cancelations desired by the customer require a written approval of isonet. Costs that have already been incurred can be debited to the customer. Support services are not included in the product price.

Delay in Payment  
In case of payment delays isonet reserves the right to discontinue all services of existing contracts with the customer. Furthermore, all costs that arise during debt collection are at the customer’s expense. The interest on late payments is 10 % p.a.

Warranty  
isonet does not warrant for delivered products. The customer is only granted a possible factory warranty by the manufacturer which can only be asserted by the manufacturer or bodies designated by the manufacturer. Warranty claims are limited to the warranty extent of the respective manufacturer towards isonet. isonet does not assume any warranty or liability for the desired fulfillment of certain products and their functionality in an EDP system. Any warranties are excluded for free downloads.

The customer is aware that software manufacturers offer updates, patches and hotfixes, which solve known problems, as downloads free of charge at a regular basis. As the customer is responsible for all installations, isonet does not assume any warranty or liability for damages and deficiencies resulting from these known and repairable issues. isonet does not assume any liability for direct or indirect damages as well as for property loss in case of defects or incorrect handling of the product to the extent permitted by law.

The customer is responsible for adhering to the software licensing regulations.

Maintenance and Support  
The maintenance and support services of isonet exclusively comprise telephone support for the customer in case of problems, e.g. via support tickets that have been opened in the help desk solution of isonet or emails sent to support@isonet.ch – with regard to the purchased software from isonet including maintenance – from Monday to Friday from 8.30 to 11.30 and from 13.30 to 16.30. The period covered resp. the period for maintenance services amounts to 12 months. After expiration of the period the contract is automatically renewed as long as the maintenance period is not given written notice observing a deadline of three months before the beginning of a new maintenance period. The right of termination of the maintenance agreements for cause remains unaffected. An extraordinary termination for the customer in case of a software replacement as a consequence of technical enhancements is not given. The customer continues to be obligated to pay the maintenance fee, regardless of whether the services are actually made use of or not. The fees are payable in advance without deduction. In the event of transcriptions, containments, detection and notification of errors the customer is obliged to abide by the instructions of isonet. The customer is obliged to specify all error messages and questions to the best of his ability. Hardware maintenance is under no circumstances effected by isonet but always by the manufacturer.

Copyright and License Agreement  
The customer accepts all copyright conditions and licensing agreements.

Manufacturer’s Specifications and Illustrations  
All technical specifications and information about the scope of delivery are manufacturer’s specifications. Errors excepted. All illustrations in the data sheets delivered by isonet serve as approximated information and are without engagement. isonet reserves the right to make changes regarding construction, execution and content.

Liability  
Indemnity claims against isonet as well as their agents of vicarious liability, regardless of for which legal basis, particularly for indirect or secondary damages, are excluded. This does not apply to such an extent as liability is imposed by law in cases of willfulness or gross negligence. The liability of isonet for the restoration of data is excluded, unless isonet has provoked their destruction with intent or grossly negligent and the principal has ensured that data can be reconstructed without reasonable waste of time and money from data material kept in machine-readable form.

Retention of Title
isonet reserves the title to the goods until full payment is made for all services and deliveries, which does not affect the risk assumption of the customer. During this time the product must not be resold, let or be given in mortgage. If the customer is in default of payment, isonet is entitled to reclaim the products. isonet reserves the right to have a corresponding entry in the reservation title register. Any right of retention of the customer is fully excluded.

Passwords
The customer is obliged to safeguard his customer ID and password (online shop) and must protect them from improper use by third parties. The customer shall be held liable for any fraudulent use of his access data.

Privacy Protection
isonet abides by the Swiss data protection legislation regarding the collection, processing and use of personal or company-related information. Personal information are merely collected and used for the purpose of processing contract data that is transferred to third parties insofar as implicitly required for properly processing the contract. In addition, personal data is treated confidentially and appropriately according to the law against unauthorized access.

Amendments of the GTC
isonet reserves the right to change these General Terms and Conditions at any time. The current version of the General Terms and Conditions are published on the isonet website www.isonet.ch.

Applied Law and Place of Venue  
Swiss law terms are applicable, even if the purchaser has his residence or place of business outside of Switzerland or in case of delivery into a foreign country. Place of venue is Zurich.

Final Clause
Valid from 1 January 2011. Replaces all previous versions. isonet ag, Engineering und Beratung, Zurich.