General Terms and Conditions of Optec AG
1. General
1.1 Our sales, deliveries, and other services are subject in full to these terms and conditions, unless they have been amended or supplemented by written agreements. They are accepted by the purchaser/customer upon placement of the order or upon signing the contract and apply for the entire duration of the business relationship.
1.2 Any terms and conditions of the purchaser that conflict with these are invalid, even if we do not expressly object to them. They apply only if they are accepted by us in writing in individual cases. Verbal information and promises, brochures, and advertising statements of any kind, in particular descriptions, illustrations, drawings, samples, and quality specifications, dimensions and property specifications, as well as weights of the contractual goods, are not legally binding.
1.3 These General Terms and Conditions also apply to future contracts with the purchaser. We, however, reserve the right to amend these General Terms and Conditions at any time.
2. Prices
2.1 The prices listed in our price lists are quoted in Swiss Francs (CHF), ex works Wetzikon, excluding VAT + insurance + postage & packaging.
2.2 We reserve the right to make changes to the price lists. An existing price list becomes invalid upon the publication of a new edition. Prices shown in catalogs, brochures, and in the e-shop are non-binding.
3. Payment
3.1 The invoice is enclosed with the shipment of the goods or, upon request, sent separately. The payment term is 30 days net from the invoice date, without discount.
3.2 In the event of late payment, we will send a maximum of two reminders. A fee of CHF 30.00 will be charged for the second reminder. If payment is not received, debt collection proceedings will be initiated. In addition, late payment interest of 5% will be charged. We reserve the right to claim damages.
3.3 It is not permitted to withhold or reduce payments due to complaints, claims, or counterclaims by the customer that are not recognized by the supplier.
4. Delivery Terms
4.1 We endeavor to meet the delivery deadlines we have specified, but we cannot provide any legal guarantee thereof. If a longer delivery period is necessary, the customer will be informed no later than upon the expiration of this period.
4.2 Partial delivery is possible upon agreement with the customer. Shipping costs will be billed separately for each delivery.
4.3 Express shipments will be subject to additional charges, excluding the applicable postal or courier rates.
4.4 Based on Ordinance 946.231.176.72, which entered into force on March 4, 2022, regarding measures in connection with the situation in Ukraine, the Federal Council has decided to adopt the European Union’s (EU) sanctions against Russia and thereby strengthen their effect.
4.4.1 The Buyer may not sell or export goods delivered as part of or in connection with a purchase from Optec AG, either directly or through third parties, to the Russian Federation or for use in the Russian Federation.
4.4.2 The Buyer shall make every effort to ensure that the purpose of paragraph (4.4.1) is not thwarted by third parties in the further supply chain.
4.4.3 The Buyer shall establish an appropriate monitoring mechanism to detect the conduct of third parties in the downstream supply chain, including identifying potential resellers who would frustrate the purpose of paragraph (4.4.1).
4.4.4 The Buyer is obligated to notify Optec AG (4.4.2), or (4.4.3), including any relevant activities of third parties that could frustrate the purpose of paragraph (4.4.1). The Buyer shall provide Optec AG with information regarding compliance with these obligations within two weeks of a simple request for such information.
5. Transport
5.1 As soon as the equipment has left our factory, the risk of damage, loss, and misplacement shall pass to the purchaser, even if we deliver CIF, free on board, or under similar terms. Complaints regarding transport damage must be directed by the purchaser immediately to the carrier, with simultaneous notification to Optec AG.
6. Warranty / Guarantee
6.1 We guarantee for a period of 24 months that the goods possess the warranted characteristics, have no defects that impair their value or suitability for the intended use, and comply with the prescribed performance standards and specifications.
6.2 Our warranty covers all defects occurring within the warranty period that are demonstrably caused by material defects or manufacturing defects. We reserve the right to choose between replacement, repair, or reimbursement of the invoice value for the defective products.
6.3 Complaints must be reported to us no later than 10 days after receipt of the defective delivery. If the purchaser fails to fulfill this obligation, the equipment shall be deemed accepted.
6.4 If a defective delivery is returned, it must be sent to our address. The costs for shipping to and from our address shall be borne by the customer. The replacement of defective products is the responsibility of the customer and cannot be billed to the supplier.
6.5 Any further warranty, in particular for consequential damages, is excluded. We assume no liability for repairs or modifications not performed by us.
6.6 Warranty Exclusion for Installation and Service Work
Scope of Warranty
The warranty covers exclusively the delivered devices themselves and their proper functioning in accordance with the technical specifications.
Excluded Services
Expressly excluded from the warranty are all work and costs related to:
-installation, assembly, and commissioning of the devices
-removal of defective devices
-installation of replacement or repaired devices
-travel costs and working time of electricians or other qualified specialists
-on-site diagnostic and inspection work at the end customer's premises
Handling of Warranty Claims
In the event of warranty claims, the customer or the contracted electrician is obliged to remove the defective device at their own expense and send it to Optec AG. The return of the repaired or replacement device is made carriage paid to the specified delivery address. Installation of the device is carried out at the customer's expense and risk.
Cost Allocation
All costs for installation, removal, and assembly work as well as associated incidental expenses shall be borne by the customer, even if they arise in the course of processing a warranty claim.
6.7 Any liability for defects shall lapse as long as the customer is in default or if the delivered goods have been handled improperly or resold prior to our acknowledgment of the notice of defects.
7. Returns
Optec AG can only accept returns of goods that are undamaged and in their original packaging, and for which delivery by Optec AG can be verified by a delivery note or an invoice.The corresponding return form can be found here: Return Form. The following deductions apply depending on the specific case:
|
Items |
within 60 days of receipt |
61–180 days after receipt |
> 180 days after receipt |
|
Original packaging, device unused, not configured |
No |
Less 20% of the item’s value, |
No return |
|
Original packaging, Device unused, customer-specific configuration; must be reset by Optec AG |
Costs for
reset: |
Less
20% of the item value, |
No return |
|
Original packaging, device unused, customer-specific configuration; must be reset by manufacturer |
Costs for
reset: |
Costs
for reset: |
No return |
|
Defective items; or no original packaging, unused device, customer-specific configuration; must be reset by Optec AG |
Less 20% of the item value / device |
Less:
30% of the value of the goods, |
No return |
|
Defective or no original packaging, device unused, customer-specific configuration; must be reset by the manufacturer |
Costs:
for reset: |
Costs:
for reset: |
No return |
|
Custom order; |
No
returns
|
||
|
Damaged
or no original packaging; |
No returns
|
||
Optec AG may charge the customer in full for the costs associated with the return. Unless otherwise agreed in writing, the corresponding invoice must be paid within 30 days of the invoice date. Reimbursement will in all cases be provided in the form of an Optec credit note.
8. Disclaimer
8.1 Any liability for indirect or consequential damages is excluded.
9. Retention of Title
9.1 We retain title to all products sold until full payment of the purchase price has been received. We reserve the right to make technical changes without prior notice.
10. Commissioning
10.1 Commissioning and travel expenses for our equipment will be billed separately according to our current rates. An operating manual is supplied with each device. If this is no longer available, the operating manual can be downloaded at www.optec.ch.
11. Software
11.1 Any software provided, whether paid or free, is legally protected. The copyright, patent rights, trademark rights, and all other neighboring rights to the software as well as to other items that we provide or make available to the user in the course of contract initiation and performance are exclusively vested in us in the relationship between the contracting parties. To the extent that rights are vested in third parties, we hold the corresponding exploitation rights.11.2 The user is not authorized to copy, modify, distribute, or make publicly available the software or other provided items, unless this is expressly permitted by law or we have given our written consent. Any disclosure to third parties is prohibited without our express consent.
11.3 The user undertakes to treat all information and software provided as confidential and not to make it available to third parties. This obligation of confidentiality shall remain in effect even after the termination of the contractual relationship.
11.4 In the event of a violation of the aforementioned rights, we reserve the right to take legal action and to assert claims for damages. We shall be liable for damages resulting from the use of the provided software only in cases of intent or gross negligence.
12. Copyright
12.1 Copying our printed materials or our website, as well as the complete or partial reproduction of any kind, is permitted only with the written authorization of the management of Optec AG.
13. Data Protection
13.1 Optec AG attaches great importance to the protection of personal data. Our privacy policy, which places special emphasis on privacy in the processing and storage of personal data, can be found here: Privacy Policy.
14. Governing Law and Jurisdiction
14.1 These Terms and Conditions are governed by Swiss law, specifically the provisions of the Swiss Code of Obligations.
14.2 The place of jurisdiction is the provider’s registered office (Wetzikon, Hinwil).
Wetzikon, September 1, 2024