1. Scope of Application of the GTC
These general terms and conditions (GTC) apply to services and deliveries of goods that the company CND Computer + Network Division AG (referred to as CND hereafter) provides for its customers. Customers who use services and goods supplied by CND accept these general terms and conditions, unless they expressly state that they do not want them to apply to them.
The GTC regulate the rights and obligations in the business relations of CND with its customers regarding the provision of services and the delivery of goods deliveries by CND, unless the contracting parties have otherwise agreed in writing. Customers’ terms and conditions do not apply unless they expressly agreed in writing by CND and are not in conflict with these terms and conditions.
Furthermore, the stipulations of Swiss law apply and foreign laws are not applicable when they would conflict. If any provision of these GTC and/or the contract between the contractual parties be (or become) invalidated or contain a loophole, the legal validity of the remaining stipulations shall remain unaffected. Instead of the invalid provision intended by the contracting parties, the provision that comes closest (from a business viewpoint) shall become applicable. The same rules applies in case of any loopholes in the law.
The CND can unilaterally amend these GTCs. However, it shall inform the customer of any changes to the GTCs.
2. Services offered by CND
The CND offers services with respect to multi-vendor support of the IT infrastructure and software and hardware supplies.
Any quotes from CND is valid for 30 days unless an offer states a different period of validity. Customers’ offers can be accepted and declared in writing, by phone, by email or in person. If a customer wishes to change any agreed service the change needs to be first accepted by CND. Changes do not apply to goods that have already been delivered or to services that have already been provided.
Price lists and brochures contain non-binding information and standard pricing at the time of compilation. If a customer orders goods and/or services based these documents, the order is accepted and recognised by CND though any prices stated are in no way legally binding.
3. Prices and Terms of Payment
The fixed prices in the offers are net and quoted in Swiss francs exclusive of value-added tax. Additional costs such as payment fees and shipping costs are invoiced separate items.
Specified service prices are valid at CND’s premises unless otherwise stated.
Services and goods are invoiced according to performance and delivery charges. The customer undertakes to pay without deductions within 30 days of receiving the invoice. The first orders of new customers are required to be pre-paid in advance.
If the customer does not pay within the payment period, the customer will be in default irrespective of a reminder being sent. CND is entitled to charge a reminder fee of CHF 20.00 and default interest of 7% per annum from the date of default for the second reminder. For the payment reminder and the first reminder no reminder fees.
If the customer does not comply with the terms of payment, CND is entitled to immediately terminate the provision of services and/or the delivery of goods, to demand security for outstanding and future claims (e.g. payment in advance) and/or to claim compensation.
If the customer has not provided the payments due or the securities, even after the expiry of a reasonable period of grace, CND may withdraw from the contract.
Items that have already been ordered for the customer cannot be cancelled or returned.
4. Terms of Delivery
The terms of delivery are specified in the offer. Specified delivery times for goods are based on information from CND's suppliers and are non-binding for CND. Times stated for the carrying out of services are estimates and non-binding.
The CND delivers exclusively to valid postal addresses within Switzerland and the Principality of Liechtenstein. Use and risk of goods are transferred to the customer when they are handed over by the carrier. CND may make partial deliveries at its own discretion.
If customers collect goods on the premises of CND their usefulness and risks are considered to be transferred to the customers at the time when they are handed over. If CND dispatches goods to customers the risk is transferred to the customer at the time when the carrier hands over the goods.
Customers should check the goods for completeness and obvious defects immediately upon receipt of them and not later than two days after their receipt from CND. Otherwise, CND will consider the delivery as acceptable to the customer.
Any delivery costs for returns to CND are to be borne by the customer.
5. Import and Export
CND imports and exports according to the guidelines of the Swiss Federal Customs Administration (FCA)
Customs costs must be paid by the buyer.
6. Warranty Clause
For installations of hardware components customers are entitled to a free warranty work within 1 months if the installation by the has been proven to be incorrect. CND is not responsible for the restricted use of products that has resulted from changes in standards, software or firmware updates. Repairs to software and software installations are excluded from warranty claims, which can only be made with respect to hardware.
CND may choose to correct defects shall by replacement and/or repair. If the defects are found to be caused by the customer CND may charge a processing fee and/or have the product repaired for a fee.
Express repairs are charged according to the applicable CND service price list.
7. Liability for Damages
CND is not liable for damages and further damages as a result of defects, improper handling by the client or force majeure. Liability for slight negligence is excluded.
8. Data Protection
The provisions of the Swiss Data Protection Act are applied. Stored data is made accessible to third parties. The customer agrees to the processing of his or her data at CND.
9. Applicable Law and Place of Jurisdiction
Swiss law applies with the exclusion of foreign conflict of laws. Zurich is the place of jurisdiction for all claims in connection with contractual agreements with CND Computer + Network Division AG with the proviso of deviating peremptory Swiss federal law venues of jurisdiction.
