General Terms and Conditions of Sale.
For the business with BonusData AG you agree to the following general terms and conditions of sale. These conditions are in effect without explicit written notice for the current and upcoming business with BonusData AG. Deviation requires a separate written agreement.
2. Offers and Prices
All offers are without engagement. BonusData AG reserves the right in dependence on the offer to accept an order or to refuse an order.
The prices offered are valid for thirty (30) days. BonusData AG reserves the right to charge the actual correct price of the day of delivery, or in case of refusal by the customer to withdraw from the sales contract. Package, shipping and insurance costs are always charged separate.
BonusData AG chooses the type of transportation and shipping. If the customer requires a different will he be charge with eventually additional costs.
Partial deliveries are admissible. Inevitable events as act of God, strikes, etc. entitle BonusData AG to delay the delivery or if need be to withdraw from the sales contract. At the moment the goods are handed over to the customer also the danger is handed over to the customer.
4. Payment Conditions
Unless agreed to separately in writing, payment shall be made within thirty (30) days of date of invoice. Deductions are not allowed.
Checks and letter of credit are valid for payment at honour.
The deduction of any counter charges by the customer is not allowed. Demands of the customer for guarantees or affirmed defects do not free him of the obligation of payment until a legal judgement by the court of justice. BonusData AG reserves the right to deliver goods by securing, prepayment or collect on delivery in deviation from previous statements. Prepayments will not yield any interests.
After maturity an interest rate of eight (8) percent will be charged. BonusData AG reserves the right to withdraw goods under security. Refusal of the delivery does not free the customer of the payment. Any upcoming costs of reminders and collection expenses are charged in case of refusal or delayed payment.
5. Right of Possession
Until the complete payment, BonusData AG remains the owner of the goods.
6. Drawings and Documents
BonusData AG reserves the ownership and copyright on any drawings and documents presented to the customer. Such drawings and documents are personally confided to the customer and shall not be copied or handed over to third party persons. On request all drawings and documents must be returned to BonusData AG.
7. Limitation of Liability
Disclosed defects must be blamed immediate by a written note, otherwise the goods are accepted as agreed. Any hidden defects must be blamed by written notes as soon as they are discovered. BonusData AG fulfils guarantee for defect goods but not for technical advice or consultations. In case of a legitimated blame BonusData AG reserves the right to replace the defective goods or refund the price of the goods and withdraw from the sales contract. In case of orders with customer specifications BonusData AG reserves the right to improve the goods and maintain the sales contract.
BonusData AG is not liable for any damages including any general, special, incidental damages arising out of the use or inability to use except of gross carelessness. The customer has to prove any damage.
Depending on the kind of products different determinations are in effect. If no separate agreements are explicit written the guarantee period is one (1) year from date of shipment. Defective products must be declared to BonusData AG by a written description of the defect.
9. Jurisdiction competency
4710 Balsthal, residence of BonusData AG
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