Terms and Conditions of Artmar Electronic & Security AG (hereinafter referred to as AES AG)
| §1. | Applicability of Conditions |
| §1.1 | All deliveries, services, and offers of AES AG are exclusively based on these terms and conditions, even if they are not expressly agreed upon again. By ordering goods or services, these terms are considered accepted. The buyer’s general purchasing terms are hereby rejected. Deviations from these terms are only effective if confirmed in writing by us. |
| §2. | Offer and Conclusion of Contract |
| §2.1 | Offers by AES AG on its website (www.aesag.ch), in price lists, and advertisements are non-binding. Orders are only binding for AES AG after written confirmation. An automatically generated order confirmation by our shop system is not binding for AES AG. Order confirmations are only issued upon explicit request. Details in our sales documents (drawings, illustrations, dimensions, weights, and other specifications) are only guidelines and do not represent guaranteed properties unless explicitly stated in writing as binding. If an order exceeds a buyer's credit limit, we are released from our delivery obligations. |
| §2.2 | An order placed by the customer is binding. |
| §3. | Products |
| §3.1 | All product descriptions provided are non-binding unless explicitly specified otherwise. |
| §3.2 | Specifically, the presence of guaranteed characteristics must be confirmed in writing. We do not guarantee product suitability for a specific purpose unless explicitly confirmed in writing. |
| §4. | Prices |
| §4.1 | The prices stated in our order confirmation are decisive. These are fixed for stock goods at the time of ordering. In case of supply shortages and procurements, the daily price on the order day applies. Prices are quoted, unless otherwise agreed, plus transport costs, including the statutory VAT. |
| §5. | Delivery/Payment |
| §5.1 | The goods remain the property of AES AG until all claims against the customer arising from the business relationship, which we have for any legal reason, are fulfilled. |
| §6. | Delivery Periods |
| §6.1 | All delivery agreements require written form. |
| §6.2 | Delivery dates provided by us are subject to the condition of timely self-supply. Delivery times and stock level information of products are non-binding. |
| §6.3 | Partial deliveries and partial services are permissible. The customer is not entitled to refuse a partial delivery or partial service. |
| §6.4 | Delivery delays do not occur in cases of force majeure or due to events that significantly hinder or make delivery impossible. This includes operational disruptions, force majeure, strikes, etc., whether they occur in our own operation, that of the supplier, or subcontractors. In the case of a delivery delay, the buyer cannot claim delay damages or compensation for non-fulfillment. |
| §6.5 | For each case, you grant us an additional delivery period of 2 weeks. This begins upon the receipt of goods by us. |
| §7. | Payment |
| §7.1 | Invoices are generally to be paid by cash on delivery or in advance, or in cash upon pickup. |
| §7.2 | Delivery on open account requires prior explicit written confirmation by AES AG. We reserve the right to refuse this without giving reasons. |
| §8. | Transfer of Risks |
| §8.1 | All risks pass to the buyer as soon as the goods have been handed over to the person or persons carrying out the transport or have left the premises of AES AG for dispatch. For the shipment of items to us, the customer bears the risk until arrival at our business premises. |
| §9. | Transport Damage |
| §9.1 | Transport damage is not handled by AES AG but by the responsible transport company. In the event of transport damage, please contact the transport company immediately. |
| §10. | Delivery Scope |
| §10.1 | Visible quantity discrepancies must be reported immediately upon receipt of the goods; concealed quantity discrepancies must be reported within 3 days after receipt of the goods to AES AG and the carrier in writing. Complaints regarding damage, delays, loss, or poor packaging must be reported immediately after receipt of the goods. |
| §11. | Warranty |
| §11.1 | The warranty period is generally 24 months for new products supplied by us. |
| §11.2 | Used goods are sold under exclusion of any warranty as we only act as a "mediator". |
| §11.3 | No warranty is granted for consumables (batteries, accumulators, toner, ink cartridges, CD/DVD blanks, fuses, etc.). |
| §11.4 | To the extent that the manufacturer grants additional warranties, e.g., warranties extending beyond the 24-month warranty obligation, this applies only between the customer and the manufacturer. |
| §11.5 | The buyer must immediately notify us in writing (by letter) of any obvious defects, but no later than within 5 days after receipt of the delivery. If the customer fails to comply with this obligation, any warranty claim against AES AG is excluded. In the event of a defect complaint, the buyer is obliged to return the defective device with all accessories at their own expense and risk, accompanied by a detailed description of the defect (RMA form), model and serial number, as well as a copy of the invoice to AES AG in the original packaging. |
| §11.6 | In the case of defects in the delivered item, we are entitled to remedy the defective item twice or to deliver a new one. If the inspection reveals that the device is free of defects, the seller is entitled to charge the buyer the inspection costs incurred (flat fee of CHF 100.00). |
| §11.7 | We are not liable for damages caused by normal wear and tear or improper handling or use of the delivered goods. This includes specifically the following: unauthorized changes or repairs, lack of maintenance, operating errors, external influences (temperature, moisture, voltage spikes, etc.), and poor packaging upon return. |
| §12. | Liability |
| §12.1 | We are liable only for damages caused by intent or gross negligence. This limitation does not apply to damages arising from injury to life, body, or health, or from guarantees. In these cases, liability remains unlimited. |
| §13. | Applicable Law and Jurisdiction |
| §13.1 | Swiss law applies to all legal relationships between AES AG and the buyer. |
| §13.2 | In the event of a dispute, the Zurich district court is exclusively competent. |