By using this website and the related websites you agree to comply with, and to be bound by, this privacy and legal notice document ("Legal notice"). Please review this Legal Notice carefully in view of the protection of your interests. If you do not agree with this Legal Notice, do not use this website.
Digital Information reserves the right to modify these policies without explicit prior notice. Your only notice of such modification shall be the posting of the modified Legal notice on this web site. The user is therefore encouraged to review this Legal notice frequently.
We strive to collect and process only that information that we consider as necessary for our legitimate business interests. We further store the information only as long as necessary for the fulfilment of the purposes for which it was collected.
Digital Information respects the Swiss law regarding the protection of private life in relation to the processing of personal data and the Swiss law of relating to the protection of individuals with regard to the processing and free movement of personal data.
Specifically in relation to commercial e-mails that promote Digital Information products, Digital Information shall respect the Swiss law regarding commercial publicity by use of electronic mail.
Following this legislation, Digital Information shall not use your personal data in order to send unsolicited commercial e-mails, unless you have explicitly given your consent to receive such e-mails. At any time you will have the right to object to the use of your personal data for any direct marketing purposes. You can communicate this objection by letter addressed to our data protection compliance officer Michael Haenni, Digital Information, 1 Technoparkstrasse, CH-8005 Zurich ZH, Switzerland. After receipt of your objection, we shall send you a notice of receipt and we shall register your request. Your request shall imply that we shall not send commercial e-mails that would be considered as unsolicited.
You furthermore have the right of access to your personal data and the right to request correction of incorrect, incomplete or irrelevant data. Please contact Michael Haenni, Digital Information, 1 Technoparkstrasse, CH-8005 Zurich ZH, Switzerland if you want to review, remove or adapt certain data.
You understand that information transmitted over public networks may be accessed by third parties, and Digital Information will not be liable for any such unauthorized disclosure. Further, you understand that Digital Information may, at its discretion, use third-party service providers to administer web servers and to store such information on back-up disks, and that a service provider may without Digital Information's knowledge permit an unauthorized third party to do so on its behalf.
Digital Information protects its intellectual property, such as the downloadable software, screensavers or other items that can be downloaded from our web site. Even if software is provided for free, the user shall be aware that the use of the software is limited and fully governed by a licence that accompanies the software. The user shall only use the software in the manner and for the purposes for which it was intended.
Software, screensavers and other media of third parties that can be downloaded via links directly or indirectly provided by Digital Information, shall not be regarded as items distributed by Digital Information and Digital Information does not assume any obligation in relation thereto.
Online services that are presented to the user for free are provided "as is". Digital Information shall not be responsible for the content of such services, nor for their non-availability or malfunctioning, nor for the use that any website user would make of such services.
All website design, text, graphics, data and the selection and arrangement thereof, as well as all guides, newsletters, software and any other items that can be downloaded through this website, are the sole property and copyright of Digital Information, ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print in hard copy portions of this website for non-commercial, private purposes only, such as for the purpose of placing an order with Digital Information or using this website as a shopping resource. Any other use of materials on this website, including reproduction for purposes other than those noted above, modification, translation, distribution, or republication without the prior written permission of Digital Information is strictly prohibited.
Copyrights for the photographs reproduced herein are vested with the individual photographers or Digital Information, and may not be reproduced in any form without prior permission from the creators.
"Digital Information, the Digital Information logo and any other trademarks, service marks, trade names or logos displayed on this website are the property of Digital Information, its affiliates or other third parties. Nothing contained in this legal notice nor in any text on this website shall be construed as granting by implication, estoppel or otherwise, any license or right to use any of the trademarks, service marks, trade names or logos appearing on the website without the express prior written consent of their respective owner.
This website may be linked to other websites which are not under the control of, and are not maintained by, Digital Information Digital Information has not fully examined or analysed the content of such websites, which may furthermore change over time or disappear. Digital Information is not responsible for the content of those sites and the link does not imply that Digital Information agrees with its content. Digital Information is providing these links to you only as a convenience and at your own risk, and the inclusion of any link to such sites does not imply endorsement by Digital Information of those sites, nor does it imply any partnership or cooperation whatsoever between Digital Information and the owners or operators of such linked sites.
The sender of any communications to this website or otherwise to the owners or operators of this website shall solely be responsible for the content and information contained therein, including its truthfulness and accuracy.
The Digital Information web site is mainly intended for general information purposes and should only be used as such. Although Digital Information makes an effort to offer information which is carefully selected and recent, this website should not be used as a substitute for any kind of specific professional advice where needed. No warranty nor representation, express or implied, is given as to the accuracy, relevancy, or completeness of the offered information, nor as to the suitability of the information for a certain purpose.
Price and availability information is subject to change without notice. All product specifications and service descriptions are subject to change without notice. Actual equipment may differ in appearance from images shown.
The user of this website undertakes i) not to make use of the website for illegal or harmful purposes; ii) not to prevent access to the website nor to disrupt or modify the website, nor to render the website less efficient or to cause damages to the website, Digital Information or third parties; iii) not to make use of the website in order to transmit or distribute computer viruses or harmful, insulting or illegal information.
The Digital Information website may provide a forum where users can publicly give comments on different issues (e.g. the portfolio and photo contest web pages). The user is aware that the disclosure of certain information on message boards or forums may result in unsolicited emails being sent to his e-mail address by third parties. Digital Information can not prohibit the sending of such emails by third parties and shall not be responsible for any emails that would be sent as a consequence thereof.
The Digital Information website may provide a forum where users can publicly post photographs. In this respect, the user shall avoid all infringements on copyright or other relevant intellectual property rights of third parties. Digital Information is not able to examine any proprietary rights in relation to photographs that are posted by third parties and it shall not assume any responsibility in relation thereto.
The user may provide links to the Digital Information website, but such linking must be restricted to the Digital Information home page only. Digital Information does not permit "deep linking" without its prior, written consent.
All user rights that are not explicitly granted herein are reserved by Digital Information
Digital Information IS PROVIDING THIS WEBSITE AND ITS CONTENTS ON AN "AS IS" AND "AS AVAILABLE" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS. Digital Information DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, Digital Information DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT. NEITHER Digital Information NOR ANY OF ITS DIRECTORS, EMPLOYEES OR REPRESENTATIVES SHALL BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, INCLUDING ITS NON-AVAILABILITY OR BAD TECHNICAL FUNCTIONING, OR ARISING FROM THE INFORMATION CONTAINED HEREIN, VIRUSES, HACKING-ATTACKS OR OTHER COMPUTER CRIMES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OPPORTUNITIES, LOSS OF OR DAMAGE TO PROPERTY, PERSONNEL COSTS AND CLAIMS OF THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION, INCLUDING, BUT NOT LIMITED TO CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTIONS, AND THIS EVEN IF Digital Information WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
Some jurisdictions do not allow the exclusion of certain warranties. To the extent that certain legislation would be imperatively applicable, and such legislation would imperatively prohibit any of the exclusions mentioned above, these exclusions shall be considered as not applicable. In that case however, the exclusions considered as valid shall remain applicable.
The use of this website is governed by Swiss law. All disputes relating to or originating from the use of this website shall be exclusively submitted to the courts of Zurich/Switzerland, which will have exclusive jurisdiction in relation to such disputes.
This package contains software ("Software") and related explanatory written materials ("Documentation"). The term "Software" shall also include any upgrades, modified versions, updates, additions and copies of the Software licensed to you by Digital Information Digital Information grants to you a non exclusive license to use the Software and Documentation, provided that you agree to the following:
You may install the Software in a single location on a hard disk or other storage device and make one backup copy of the Software, provided your backup copy is not installed or used on any computer.
The Software is the intellectual property of Digital Information and its suppliers and is protected by Swiss copyright law, international treaty provisions, and applicable laws of the country in which it is being used. The structure, organisation and code of the Software are the valuable trade secrets and confidential information of Digital Information and its suppliers.
Therefore you must treat the Software just as you would any other copyrighted material such as a book. In other words you may not copy the Software or the Documentation except as set forth in the "Use of the Software" section.
Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices which appear on or in the Software. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software.
Trademarks shall be used in accordance with accepted trademark practice,including identification of trademark owner's name. Trademarks can only be used to identify printed output produced by the Software. The use of any trademark as herein authorised does not give you any rights of ownership in that trademark.
Except as stated above, this Agreement does not grant you any rights to intellectual property rights in the Software.
To the extent that local law grants you the right to decompile the Software in order to obtain information necessary to render the Software interoperable with other software, you shall first request Digital Information to provide you with the necessary information. Digital Information has the right to impose reasonable conditions such as a reasonable fee for doing so.
Requests for information can be directed to Digital Information
You may not rent, lease, sublicense, or lend the Software or Documentation. You may, however, transfer all your rights to use the Software to another person or legal entity provided that you transfer this Agreement and transfer (or destroy), the Software, including all copies, updates and prior versions, and all Documentation to such person or entity and provided that you retain no copies, including copies stored on your computer.
Digital Information DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. Digital Information MAKES NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SUITABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL Digital Information OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN Digital Information REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
This Agreement will be governed by the laws in force in Switzerland. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorised officer of Digital Information
Legal domicile for all legal disputes resulting either directly or indirectly from contractual relationships upon which these License agreement is based shall be the headquarters of the Digital Information, 1 Technoparkstrasse, CH-8005 Zurich ZH, Switzerland.
This licence agreement shall be governed by and construed in accordance with the laws of Switzerland.
Applicable to transactions with enterprises, legal entities under public law and special funds under public law
1.1 Our Conditions of Purchase are applicable exclusively. We do not recognise any of Supplier’s general terms and conditions of business that conflict with, or deviate from, our Conditions of Purchase, unless we expressly consent to their validity in writing. Our Conditions of Purchase shall also apply even if we accept or pay for deliveries of products and services from the supplier (hereinafter referred to as «subject of the contract») in full knowledge of the fact that Supplier’s conditions differ or deviate from our Conditions of Purchase.
1.2 Our Conditions of Purchase shall also apply to all future dealings with Supplier.
2.1 Purchase orders, contracts and calls for delivery, as well as amendments and supplements thereto, shall only be valid if made in writing. Purchase orders and calls for delivery can also be placed by remote data transmission or fax.
2.2 Verbal agreements made prior to, or at the time of conclusion of the contract shall only be valid if confirmed in writing by the Purchasing Department. This shall not affect Clause 2.1, Sentence 2.
2.3 Verbal agreements made after conclusion of a contract, particularly subsequent amendments and supplements to our Conditions of Purchase - including this stipulation requiring written form - and collateral agreements of any kind, shall likewise only be valid if confirmed in writing by the Purchasing Department.
2.4 Cost estimates are binding and free of charge, unless expressly agreed otherwise.
2.5 If Supplier does not accept a purchase order within 2 weeks of receipt, we shall be entitled to cancel. Calls for delivery become binding if Supplier does not object to them within 5 working days of receipt.
3.1 Deviations from our contracts and purchase orders shall only be permitted with our prior written consent.
3.2 Agreed dates and deadlines are binding. The decisive factor for compliance with the delivery date or delivery deadline is the receipt of the goods on our premises. If «Delivered duty paid» delivery (DDP as per Incoterms 2000) has not been agreed, Supplier is to provide the goods on time, taking into account the time required for handling and shipping to be coordinated with the freight carrier.
3.3 If Supplier has assumed responsibility for set-up or assembly, and unless otherwise agreed, then Supplier shall, subject to deviating regulations, bear all necessary additional costs, such as travel costs, provision of tools and separation allowances.
3.4 If agreed dates are not observed, then the statutory regulations shall apply. If Supplier foresees difficulty with regard to manufacturing, primary material supplies, compliance with the delivery date or similar circumstances which may hinder him in making a timely delivery or delivery in the agreed quality, then Supplier shall immediately notify our Purchasing Department in writing.
3.5 The unconditional acceptance of a delayed delivery or service shall not indicate the waiving of any compensation claims to which we may be entitled due to the delay in the delivery or service; this shall apply up to complete payment of the amount owed by us for the delivery or service in question.
3.6 Part deliveries are generally impermissible, unless we expressly agreed to them or they can be considered reasonable.
3.7 With regard to quantities, weights and dimensions, the values determined by us during receiving inspection shall be decisive, subject to other documentary evidence.
3.8 In addition to the right to use the software and associated documentation included in the scope of product delivery to the legally permissible extent, we shall also have the right of use with the agreed features and to the extent required for use of the product in conformity with the contract. We shall also be permitted to make a back-up copy without an express agreement.
Force majeure, labour disputes, operating disturbances beyond the control of the party obliged to perform, civil unrest, acts of government and other unavoidable events shall entitle us to cancel the contract in part or in full - without affecting our other rights - as long as they are of significant duration and result in a considerable reduction in our demand.
The specifications in our purchase orders and calls for delivery shall apply. A single copy of the invoice, showing the invoice number and other identifying information, is to be sent to the respectively printed address. It may not be included with the shipment. Supplier is obliged to indicate our order number on all shipping papers.
Unless agreed otherwise, prices shall be carriage and dutypaid (DDP as per Incoterms 2000), including packaging. Value-added tax is not included. Supplier shall bear the material risk until the goods are accepted by us or our agent at the location to which the goods are to be delivered as specified in the order.
Unless agreed otherwise, the invoice shall be settled either within 14 days less a 2% discount, or within 30 days without deduction after the invoice is due and the invoice and the goods are received, or the service rendered. Payment shall be made subject to checking of the invoice. We expressly waive any haulage and warehousing insurance. Any premiums charged will be deducted.
8.1 The statutory provisions shall apply.
8.2 Acceptance shall be subject to examination for absence of defects, particularly also for correctness, completeness and suitability. We shall be entitled to examine the subject of the contract, to the extent that and as soon as this is expedient in the ordinary course of business. We shall report any defects immediately upon discovery. Inasmuch, Supplier shall not object on grounds of belated defect notification.
8.3 We are generally entitled to select the type of subsequent performance. Supplier shall be entitled to refuse the type of subsequent performance selected by us.
8.4 If Supplier fails to begin to remedy the defect immediately after our request to do so, then we shall be entitled in urgent cases, particularly the prevention of acute hazards or the avoidance of major damage, to remedy the defect ourselves, or to have it remedied by a third party, at the expense of Seller. Material defect claims shall be barred after 2 years, unless the material has been used in the usual manner for a building structure and caused a defect in the building structure. The period of limitation for material defect claims commences with the delivery of the subject of the contract (passing of risk).
8.5 In the event of defects in title, Supplier shall further exempt us from any existing claims of third parties. Defects in title shall be subject to a period of limitation of 10 years.
8.6 For parts of the delivery that are repaired within the period of limitation of our warranty claims, the period of limitation shall begin anew when Supplier has completely fulfilled our claims for subsequent performance.
8.7 Supplier shall bear any costs incurred by us as a result of the defective delivery of the subject of the contract, particularly transport, travel, labour and material costs, or costs for receiving inspection that exceeds the usual scope.
8.8 If we take back goods manufactured and/or sold by us as a result of the defectiveness of the subject of the contract delivered by Supplier, or if our customer reduces the purchase price for this reason or we are held liable in any other way as a result thereof, then we reserve the right of recourse vis-à-vis Supplier, in which case our warranty claims shall not be subject to the fixing of a time limit as otherwise required.
8.9 We shall be entitled to demand that Supplier reimburse any expenses we have been forced to bear vis-à-vis our customer, because it has a claim on us for reimbursement of expenses incurred for the purpose of subsequent performance, particularly transport, travel, labour and material costs.
8.10 If a material defect becomes apparent within 6 months of the passing of risk, then it shall be assumed that the defect already existed at the time of the passing of risk, unless this assumption cannot be reconciled with the nature of the material or the defect.
If claims are asserted against us on the basis of product liability, then Supplier shall be obliged to exempt us from such claims insofar as the damage was caused by a defect in the subject of the contract delivered by Supplier. In cases of liability based on fault, however, this shall only apply if the fault lies with Supplier. If the cause of the damage lies within Supplier’s sphere of responsibility, then it shall bear the burden of proof. In these cases, Supplier shall assume all costs and expenses, including the costs of any legal proceedings or recall campaigns. The statutory provisions shall apply in all other respects.
Persons who execute work on company grounds in order to fulfil the contract shall observe the provisions of the respective company regulations. Liability for accidents on company grounds in which these persons are involved shall be excluded, insofar as they were not caused by an intentional or grossly negligent violation of duty by our legal representatives or vicarious agents.
11.1 Upon acceptance of our order the supplier or service provider shall undertake to comply with the latest versions of all relevant product and environmental regulations that apply in the Swiss market.
11.2 With regard to goods or services ordered particular attention is drawn to the following laws and regulations: Chemicals Act with ordinances, Federal Water Act, Plant Safety Regulation and the Hazardous Substances Ordinance.
11.3 The latest version of any Material Safety Data Sheets that apply to the goods or services ordered must be sent to us without prior request.
12.1 We retain title to any materials, parts, containers and special packaging materials provided by us. They may only be used as intended. The processing of materials and the assembly of parts are carried out on our behalf. It is mutually agreed that goods produced using our materials and parts, which are held in custody for us by Supplier, shall be co-owned by us at the ratio of the value of the materials provided to the value of the overall goods.
12.2 We retain title to any tools. Supplier shall be obliged to use the tools exclusively for manufacturing the goods ordered by us. Supplier shall be obliged to insure tools belonging to us at replacement value against damage due to fire, water and theft. It shall be obliged to promptly perform any necessary maintenance and inspection work at its own expense. Supplier shall notify us of any disturbances. Should he fail to do so out of negligence, we reserve the right to claim damages.
13.1 All business or technical information made available by us (including features contained in any submitted objects, documents or software and any other knowledge or experience) is to be kept confidential vis-à-vis third parties as long as, and insofar as it is not demonstrably public knowledge; it may only be made available to persons in Supplier’s own organisation who must be involved in its use for the purpose of the delivery to us and who are likewise obliged to maintain confidentiality. We retain exclusive title to this information. Without or prior written consent, information of this kind may not be duplicated or used for commercial purposes - except for deliveries to us. If so requested by us, all information originating from us (including any copies or records made) and loaned objects are to be immediately and completely returned to us or destroyed. We retain all rights to such information (including copyrights and the right to apply for proprietary rights, such as patents, utility patents, etc.). If this information was made accessible to us by third parties, then this reservation of rights shall also apply on behalf of these third parties.
13.2 Goods manufactured according to documents created by us, such as drawings, models and the like, or according to our confidential specifications, or with our tools or copied tools, may not be used by Supplier itself or offered or delivered to third parties. This shall also apply mutatis mutandi to our print orders.
The place of performance shall be the location for delivery of the goods as specified in the order.
15.1 Should a provision of these Conditions, or of any further agreements made, be or become invalid, this shall not affect the validity of the remaining Conditions. The Parties hereto are obliged to replace the invalid provision with a regulation that most closely reflects its economic intent.
15.2 The venue for all legal disputes arising directly or indirectly from contractual relationships based on these Conditions of Purchase shall be the domicile of Digital Information, 1 Technoparkstrasse, CH-8005 Zurich ZH, Switzerland. We shall further be entitled to take legal action against Supplier at the court of Supplier’s domicile or branch office, or at the court of the place of performance.
15.3 We reserve the right to obtain credit insurance for business transactions and to provide the insurer with the necessary data concerning Supplier.
15.4 The definitions in the Incoterms 2000, including any and all supplements thereto, shall apply in addition to these Conditions.
15.5 Contractual relations shall be subject exclusively to Swiss law, excluding the law concerning conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Applicable in business dealing with companies, legal entities in public law and public special funds.
1.1 Our terms and conditions of delivery shall be exclusively valid; we shall not recognise any conflicting terms and conditions or those, which deviate from our own unless we have explicitly agreed to them in writing. Our terms and conditions of delivery shall be valid even if we make deliveries in the knowledge of other customer conditions that deviate from our own.
1.2 Our terms and conditions shall also be valid for all future business dealings with the suppliers.
2.1 Our offers and quotations are subject to change without notice.
2.2 Unless agreed otherwise in writing, any documentation pertaining to the quotation, such as descriptions, illustrations, drawings, weight and measurement specifications, shall only be binding if these are explicitly referred to as such in writing.
2.3 In the case of orders of special fabrications we reserve the right to make excess or short only deliveries.
2.4 Unless otherwise agreed cost estimates shall be remunerated.
2.5 Verbal agreements subsequent to the conclusion of contracts, especially amendments or supplements to our terms and conditions of the delivery, including this written from clause, as well as additional agreements of any kind all require written confirmation on our part before they are to be deemed valid.
The delivery item does not generally include manuals and technical diagrams unless agreed otherwise.
4.1 The delivery period shall result from the written agreement between the parities to the contract. Compliance on our part with this presupposes that all commercial and technical questions have been resolved between the parties to the contract and the customer has met all of his obligations such as the presentation of the requisite official certification or license or the payment of a deposit. If this is not the case then the delivery time shall be extended accordingly. This shall not be valid should the delay be our responsibility .
4.2 Compliance with the delivery time shall be under the proviso that we ourselves receive correct and timely deliveries.
4.3 Compliance with delivery deadlines is deemed to have been achieved provided that the delivery item has left our factory or readiness for dispatch has been notified by the time of deadline expiry. Should an inspection be required to take place, the date of inspection is decisive - unless there is good reason for refusing acceptance at inspection - or by way of help notification of inspection readiness.
4.4 If dispatch and/or the inspection of the delivery item should be delayed for reasons that are the responsibility of the customer, he will be charged for the costs caused by the delay commencing one month after he has been notified of delivery or inspection readiness.
4.5 Should non-compliance with delivery time be due to force majeure or other events beyond our control, the delivery time will be extended accordingly. We shall inform the customer at the earliest possible opportunity should any such circumstances come about or cease.
5.1 Unless any special agreements are made, all prices are Euro prices ex-work (Incoterm 2000: EXW) and including loading at the works, but do not include packaging, freight, postage, insurance, unloading and other risks. The prices shall be subject to Value Added Tax at the relevant statutory rate. All payments are to be made in the currency in which the invoice is issued.
5.2 In the absence of any special arrangements, payments are to be made in full within 10 days of delivery without any deduction /10 days from the date of invoice free to our domicile.
5.3 The customer only has the right to retain payment or to offset counterclaims against them if his counterclaim are undisputed or have been established as being legally enforceable.
6.1 Risk shall transfer to the customer upon the delivery item leaving the factory, even in those cases where part deliveries are being made or if on our part other services are being provided, for example assumption of freight costs or delivery and assembly. In so far as an inspection is to take place, this shall be the decisive point for transfer of risk. This shall be carried out immediately at the point of inspection or by way of help following our notification of inspection readiness. The customer is not permitted to refuse acceptance at inspection should a non-significant defect be established.
6.2 Should dispatch and/or the acceptance inspection be delayed or not take place as a result of circumstances that are not attributable to us, risk shall transfer to the customer as of the date upon which dispatch and/or inspection readiness is notified. We undertake to take out, at the cost of the customer, any insurance policies required by the same.
6.3 Part deliveries are permissible, provided these can be reasonably expected of the customer.
7.1 We reserve the right to retain ownership of the delivery item until all payments arising from the business relationship have been received. In case of bills and cheques being accepted on our part, the receipt of payment shall be deemed to be the date upon which these are paid to our account and the balance is drawn.
7.2 We are entitled to insure the delivery item against theft, breakage, fire, water and other damages at the expense of the customer in so far as there is no proof to the effect that the customer has himself concluded such insurance.
7.3 The customer is not permitted to transfer ownership of the delivery item as security. He is to inform us immediately in the case of arrest, attachment or any other third party disposition.
7.4 Should the customer act in violence of the contract, particularly with regard to default in payment, we are entitled top repossess the delivery item after setting a deadline and the customer is obligated to surrender possession. Any use of our right to retention of ownership or repossession of the delivery item shall not constitute out withdrawal from contract.
7.5 The application on the part of the customer to open bankruptcy proceedings automatically shall entitle us to withdraw from the contract and to demand the immediate return of the delivery item.
7.6 The customer shall be permitted to sell or process the delivery items - over which we have ownership - as part of an orderly business transaction . However, this is only valid provided the customer is not in arrears with his payments to us. The claims, which the customer makes of his client as a result of the re-sale are hereby automatically assigned to us. We shall accept this transfer and shall remain authorised to request information with regard to the purchaser and the amount of this claim arising from the sale. In addition to ourselves, the customer shall remain authorised to collect the claims from the purchaser unless we determine otherwise. If the delivery item is re-sold together with other items that do not belong to us, the customer’s claim vis-à-vis the purchaser shall be transferred to us to the amount of the price agreed between the customer and ourselves.
7.7 Any processing or conversion of the delivery item shall be performed on our behalf by the customer without any obligations resulting on our part. If via linking or combining, the delivery item becomes an essential component of another thing or if a new item is manufactured via its being processed or converted, the customer hereby shall transfer his ownership and/or co-ownership of this item and he shall undertake to keep this in safekeeping for us free of charge whilst exercising the utmost commercial care. In the case of re-sale, clause 7.6 shall be applied accordingly. Should co-ownership of items come about, our share thereof shall correspond to the ratio of the value of the delivery item to the value of the new item.
7.8 We undertake to release the securities to which we are entitled in so far as their value exceeds the claims to be secured by more than 25%.
7.9 In so far as the legal regulations of a state into which the delivery items are to be delivered places special requirements as a prerequisite for the retention of ownership, in particular also vis-à-vis the customer’s creditors , it is the task of the customer to immediately undertake all necessary steps to ensure that the retention of ownership is and remains in place until the payment of the total purchase price has been effected. The customer shall be responsible for any possible, associated cost.
7.10 In so far as the legal regulations of a state into which the delivery items are to be delivered does not permit the retention of ownership but does permit us to retain other rights with regard to the delivery item, we may exercise all rights of this kind. The customer shall be obligated to co-operate with all measures, which we wish to take in order to protect our rights of ownership or other rights to the delivery item.
8.1 After having been notified by the customer of defects pertaining to the delivered item, we shall remedy the same. This shall be carried out at our discretion either via free rectification or replacement delivery. In the case of replacement delivery, the replaced items become our property and the purchaser is obligated to return the defective item. In order to perform all rectifications and replacement deliveries we deem to be necessary the purchaser must, after having reached agreement with us, give us the requisite time and opportunity; otherwise we shall be released from liability with regard to any consequences arising in this regard. Only in urgent cases where there is a risk to operational safety or in order to avoid disproportionately major damage - in which case we are to be informed immediately - the customer has the customer has the right to rectify the fault himself or via a third party and to demand from us reimbursement of the expenses incurred. Of the costs incurred through the rectification and/or replacement delivery we shall - provided the complaint proves justified - bear the costs of the replacement part, including shipping costs, as well as appropriate costs for removal and fitting and in addition - should it be possible to demand this in all fairness depending on the situation in a particular case - the costs for the provision of the required fitters and helpers.
8.2 Should it not be possible to remedy the defect within the appropriate deadline, or if the replacement delivery are deemed to have failed for any other reason, the customer may chose for either demand a reduction in the amount to be paid or withdraw from the contract. Failure to remedy the situation is not to be assumed until we have been given adequate time to repair the item or provide a replacement item without the desired effect having been achieved; if rectification or replacement are no longer possible, if the supplier refuses to comply or causes an delay of an unreasonable period, if there are well-founded doubts with regard to the prospects of success, or if the situation is deemed to be unreasonable for any other reason . If the defect in question is of an insignificant nature the customer shall only have the right to request a reduction in the price. The right to lower the price shall otherwise be out of the question.
8.3 We shall not assume liability for defects in the following cases: inappropriate usage or usage other than that intended, faulty installation or incorrect operation by the customer or third parties, wear and tear, incorrect or negligent treatment, incorrect maintenance and unsuitable operating materials.
8.4 If the customer or any third party performs improper repairs, we shall not be liable for any consequences arising from the same. The same is true with regard to any modifications to the delivery item performed without our prior agreement.
8.5 If use of the delivery items leads to violation of industrial property rights or national copyrights we shall at our expense fundamentally establish the right of the customer to continue use or modify the delivery item in a reasonable manner for the customer so that the violation of rights no longer prevails. If this should prove impossible to achieve to economically appropriate conditions or within an appropriate period of time, the customer is entitled to withdraw from the contract. We shall also have a right to withdraw from the contract given the aforementioned prerequisites. In addition to the above we shall indemnify the customer with regard to undisputed or legally binding claims by the respective owner of the rights. The above obligations on our part - subject to the proviso of Clause 9 - are final with regard cases of property right or copyright violations. They shall only exist if:
- the customer informs us immediately of assertion of claims for property right or copyright violations,
- the customer provides us with an appropriate scope of support in repelling any claims asserted and/or makes it possible for us to conduct the modification measures in accordance with the above terms and conditions,
- our rights remain reserved to take all measures in defending against the claims, including out of court settlements,
- the defect in title is not based on a customer instruction and
- the violation of the law was nit caused by the fact that the customer himself altered the delivery item or had used it in a non-contractual manner.
9.1 With regard to damages which have not arisen in the delivery item, we shall - for whatever legal reason - only be liable
- in cases of intent
- in cases of gross negligence
- in cases of culpable injury of life, body or health
- in cases of defects , which have been concealed with malicious intent, or which we have guaranteed shall not be present
- in cases of defects of the delivery item, in so far as there is liability for personal damage or property damage to privately used items according to product liability laws.
In the case of culpable violation of fundamental contractual duties, the supplier shall be liable also for gross negligence of non-executive employees and in cases of ordinary negligence, the latter being limited to contract-typical damages that could reasonably be foreseen.
9.2 All other claims shall be excluded.
All claims on the part of the customer - for whatever legal reason - shall become statute-barred in 12 months. In cases of deliberation or malicious behaviour, as well as claims pursuant to product liability laws the statutory time limits shall apply. These are also valid with regard to defects in building structures or for delivery items, which are used in accordance with their usual method of use within a building structure and which have caused its defects.
11.1 Should any individual clause or any part of any provision within these terms and conditions and any subsequent agreements made be or become void, illegal or unenforceable, the validity of the remaining clauses shall remain unaffected. In any such case, the parties to these terms and conditions are obligated to replace that clause or those clauses that come as close as possible to the sense and spirit and purpose of these terms and conditions.
11.2 Legal domicile for all legal disputes resulting either directly or indirectly from contractual relationships upon which these terms and conditions are based shall be the headquarters of the Digital Information, 1 Technoparkstrasse, CH-8005 Zurich ZH, Switzerlland. We shall also have the right to choose to bring charges against the supplier at the court domiciled at the place of his headquarters or of his branch or at the court at the place of fulfilment.
11.3 Further to these regulations, the Incoterms 2000 definitions of terms shall be valid including any supplements.
11.4 Swiss law shall be solely applicable with regard to the contractual relationship to the exclusion of the law on collision and the United Nation’s Treaty on Contracts concerning the International Sale of Goods (CISG).