Scope and purpose
The GTC govern the business transactions between the Customer and Fasnacht Dynamics AG in general and in addition to any individually agreed conditions. Upon conclusion of the contract, the Customer accepts the GTC of Fasnacht Dynamics AG exclusively and conditionally.
Fasnacht Dynamics AG does not accept any conditions of the Customer upon conclusion of the contract.
Conclusion of the contract
A legally valid contract is concluded in the form of a written order placed by the Customer. The order can be submitted electronically or by post. A verbal conclusion of the contract is not intended. Withdrawal from a legally valid contract is generally not possible.
Any contract conclusion is confirmed by Fasnacht Dynamics AG in the form of a written order confirmation (PDF). The order confirmation may include individual provisions which have been separately agreed upon between the Customer and Fasnacht Dynamics AG and may deviate from the general terms and conditions.
Conditions / Prices
Fasnacht Dynamics AG is not liable to the Customer with regard to standard conditions or fixed discount levels for products and services. Fasnacht Dynamics AG operates exclusively with daily updated conditions. It is based on the Swiss franc (CHF). Products and services may be additionally purchased in the foreign currencies EURO (EUR) or US dollar (USD).
Fasnacht Dynamics AG generally reserves the right to adapt or reissue offers at any time.
If fees are incurred for packaging, transport, handling, small quantity surcharges, etc., these are indicated as separate items on the sales documents.
The cost estimate for repairs and maintenance is generally subject to a charge.
Terms of payment
Services are provided against advance payment. Individual provisions are included in the corresponding order confirmation. If services are provided against invoice, the Customer undertakes to comply with the defined payment terms. The invoice issue date is the only binding date. The Customer hereby acknowledges that fees and reminder charges will be incurred from the first day of default.
Payment terms must also be adhered to if deliveries, installations, system acceptances, etc. are delayed for reasons for which Fasnacht Dynamics AG is not responsible. Payments may not be reduced or withheld due to complaints or unaccepted claims.
Reservation of title
The delivered or stored goods shall remain the property of Fasnacht Dynamics AG until full payment has been received. Fasnacht Dynamics AG is authorised by the Customer to register the reservation of title in accordance with Art. 715 of the Swiss Civil Code (ZGB) from the date of conclusion of the contract. For the duration of the retention of title, the Customer may not dispose of the goods, and in particular they may not be sold, leased or pledged.
Regulations and general conditions on site
The Customer is required to notify Fasnacht Dynamics AG of the legal, official and all other relevant regulations and conditions applicable at the place where the service is to be provided prior to the conclusion of the contract. This applies both to the services as well as to the use of the products.
The Customer is obliged to provide unrestricted access to the relevant applications during the agreed period of use for on-site services. Any additional expenses resulting from this, such as extra working time and accommodation costs, cancellation and rebooking fees, will be invoiced accordingly.
Confirmed dates or deadlines shall be adhered to as far as possible, however, they are not binding. Fasnacht Dynamics AG reserves the right to a reasonable extension if the delivery of the goods is delayed due to force majeure or other circumstances for which Fasnacht Dynamics AG is not responsible. In no case shall a delay in delivery entitle the Customer to claim damages, a contractual penalty or to withdraw from the contract.
Transport, transfer of benefit and risk, export / import
The transport of goods is generally organised by Fasnacht Dynamics AG and executed by its logistics partners. At present, exports are handled in accordance with the internationally recognised and up-to-date "Incoterms 2020" standards. These rules govern essentially all obligations between the contracting parties, as well as the transfer of costs and risks. All export and customs declarations are made by Fasnacht Dynamics AG in all cases.
Fasnacht Dynamics AG is free to charge a share of the transport costs in any case. These are indicated on the corresponding order confirmation and are binding. In no case are quoted cost shares for transport binding and will be recalculated upon receipt of the order. Fasnacht Dynamics AG assumes no liability for delays in transport.
Inspection of the goods / incoming inspection
The Customer is obliged to inspect the goods and products delivered by Fasnacht Dynamics AG carefully within 14 days of delivery for completeness, correctness, any defects and transport damage and to report any deviations in writing. The delivery of goods shall be deemed to have been accepted in full after the expiry of the 14-day period. Furthermore, Fasnacht Dynamics AG assumes no liability and fully suspends all associated obligations of any kind.
Guarantee, warranty obligation, exclusion of liability
The warranty period covers all products manufactured or distributed by Fasnacht Dynamics AG for a period of 24 months. The warranty period starts from the date of dispatch of the goods ex works CH-3627 Heimberg. In this context, the date on the delivery documents of Fasnacht Dynamics AG is binding.
A possible warranty claim can be asserted if the defective product is handed over or dispatched to Fasnacht Dynamics AG within the warranty period (send-in). The transport risk is borne by the Customer when the goods are sent or delivered. Fasnacht Dynamics AG will not reimburse any transport, travel or labour costs incurred during delivery. Fasnacht Dynamics AG is liable for transport costs incurred for the return of products repaired or replaced under warranty.
The warranty services provided by Fasnacht Dynamics AG are only free of charge if the defects in a product are caused by defects in material, design or workmanship resulting from its intended use.
In the event that systems, spare parts or services prove to be defective within the specified warranty period of 24 months, Fasnacht Dynamics AG undertakes to repair or replace them ex works CH-3627 Heimberg free of charge.
Fasnacht Dynamics AG reserves the right to decide whether a product will be repaired or completely replaced (exchange).
Any damages resulting from normal wear and tear, inadequate maintenance, failure to observe the operating instructions or improper operation, excessive use and other reasons for which Fasnacht Dynamics AG is not responsible are excluded from the warranty and liability. The Customer is responsible for the selection, appropriate use and correct operation of the product and any accessories.
Other general provisions
Technical documents such as drawings, descriptions, illustrations and similar are only indicative unless Fasnacht Dynamics AG has expressly designated them as binding. Fasnacht Dynamics AG reserves the right to make changes at any time.
Any technical documentation may only be used by the Customer for the operation and maintenance of the product but may not be used for the complete manufacture of the product or parts thereof. The Customer is obliged to treat all technical documents as confidential and may not copy them or make them accessible to unauthorised third parties in any way.
With regard to areas of application, intended use and functionality, the products and systems supplied only reflect the current state of development. All kinds of upgrades are considered to be optional and are excluded from the conclusion of the contract. Functionalities and applications may differ from previous product series.
Place of performance, the applicable law and place of jurisdiction
The place of performance is the registered office (domicile) of Fasnacht Dynamics AG. The legal relationship is subject to Swiss law. Any differences shall be settled by mutual agreement as far as possible. In the event that an amicable agreement cannot be achieved, a decision shall be issued by the ordinary courts. The place of jurisdiction is the Oberland Regional Court in CH-3600 Thun.
CH-3627 Heimberg, January 2023