1. Data protection
Interapp AG gives its assurance that the provisions of the Swiss Data Protection Act and the relevant legal norms will be observed during the collection, processing and use of personal data. Cus-tomer data acquired during the processing of the order will only be used for the purposes of settling the transaction. The Custom-er declares that he agrees to his data being used in this way.
Our website implements the use of so-called cookies. It is not necessary to accept cookies to visit our website. However, if you would like to configure a valve, you will need to set your browser to accept cookies so you can use the shopping basket and checkout functions.
3. Use of web analysis tools
In order to be able to constantly improve and optimise our web-site, we have implemented the use of tracking technology. Web analysis tools then provide us with statistical and graphic infor-mation, which helps us understand how our website is used. Data regarding the utilisation of our website is thereby transferred to corresponding servers respectively. Depending on the web analy-sis tool provider, it is possible that these servers are located abroad.
The General Terms and Conditions (“GTC”) shall be binding if declared applicable in any contract or in any offer or acceptance of InterApp or its subsidiary/ies acting as seller (hereinafter "Sell-er”). If the deliveries are made in performance of a distribution agreement be¬tween Buyer and Seller, these GTC apply to every order made under such contract. Any conditions stipulated by Buyer which are in contradic¬tion to the conditions set out herein shall only be valid if expressly accepted by Seller in writing.
Every purchase order shall be subject to individual and explicit acceptance by Seller before any obligation of Seller is created.
2.1 Annulations / Change of Orders
If the order has been accepted (confirmed) by Seller, its cancella-tion by Seller is not anymore possible. In case of changing of the order the costs for such change shall be debited to the Buyer and the delivery date shall shift accordingly.
3. Conditions of Delivery
The delivery of goods shall be made "ex works" Seller's manufac-turing plant (EXW - INCOTERMS 2010) unless stated differently on the order confirmation. Any duties, charges, taxes, etc. im-posed in connection with the import of the goods shall be borne by Buyer. In case delivery is made by postal service, registered delivery or express service, Buyer has to meet additional ex¬penses over and above normal "ex works" delivery or as agreed upon. The de¬livery of the goods shall be at Buyer's risk.
Unless otherwise agreed upon, the packaging of goods will be charged to Buyer sepa¬rately and must not be re¬turned to Seller. Merchandise return containers and pallets have to be emptied and re¬turned immediately. Ex¬penses hereby incurred are to be carried by Buyer.
5. Delivery Dates
Delivery dates are approximate dates. Delay in scheduled delivery shall not entitle Buyer to any claims against Seller and/or to can-cel any purchase order. The delivery date, which has been agreed upon with Buyer, must be reasonably extended when circumstances arise which Seller cannot prevent despite using due diligence.
5.1. Costs of storage
Buyer has to accept goods on schedule and ready for delivery. In case of any delay in acceptance of goods the Buyer shall com-pletely reimburse the Seller the extraordinary outlay and the storage costs.
6. Prices/Long-Term Orders
Unless credit terms have been agreed between the par¬ties, goods must be paid for at the time of the order. If any payment is overdue, interest rates of 5% on the outstanding sum is payable. If the specified quantities of goods ordered by Buyer are not called down for delivery and/or paid within the agreed timeframe, Seller is entitled to withdraw from the purchase with immediate effect and Buyer is prohibited from claiming any damages. Seller is entitled to claim any damages from Buyer caused by withdraw from purchase. Alternatively, Seller has the option to demand from Buyer a guar-an¬tee for the full pur¬chase price in exchange for delivery of the remaining goods. Seller is entitled to reserve the retention right on the ordered goods. Prices do not include VAT.
7. Right to Withdraw
In case of Buyer's insolvency or Buyer's default of pay¬ment of an earlier purchase, Seller shall be entitled to withhold its perfor-mance until the payment of the out¬standing purchase price is guaranteed / buyer has made a security deposit. If such a guar-an¬tee cannot be established by Buyer within a reasonable period of time, Seller may withdraw from the purchase.
The warranty period shall be twenty-four (24) months from date of delivery to Buyer or eighteen (18) months from date of installation, provided the goods have been pro¬fessionally stored, maintained and used by Buyer and/or his clients. Buyer must inspect the goods immediately upon receipt. Any defects must be notified in writing within ten (10) days after re-ceipt. Otherwise the goods purchased are deemed to have been accepted and any warranty claims against Seller are excluded. Within the warranty period set forth above, defects, which were not recognisable in the course of a customary examina¬tion, must be notified in written immediately upon their discovery. Otherwise the goods purchased are deemed to have been accepted and any warranty claims against Seller are excluded. Provided the goods are proven defective and Buyer has notified the defects as set out hereinabove, Buyer has the option to have the defective goods repaired or replaced free of cost. Costs of shipment from and to Seller's plant, if necessary, will be split in half. Warranty claims are conditioned upon Buyer's prior per¬formance of all and any of its own obligations. Any other warranty claims against defects in the goods are expressly excluded.
9. Retention of Title
Seller shall retain ownership of the goods supplied un¬til full pay-ment has been received. Buyer shall take all necessary measures for the protection of the proprietary rights of Seller.
10. Export Restriction
Seller products are protected by patents, designs and trademarks in several foreign jurisdictions. Buyer has, therefore, to seek advice from Seller before delivery will take place into such a juris-diction.
11. Applicable Law and Arbitration
In any event, the UN Convention for the Inter¬national Sales of Goods ("Vienna Sales Convention") is applicable. To the extent the Vienna Sales Convention does not provide any guidance, the legal relationship between Seller and Buyer shall be governed by the law of the legal domicile of the respective InterApp National Sales Company that has closed the contract with the Buyer. All disputes arising out of or in connection with the present con-tract, including its validity, invalidity, infringement or cancellation shall be exclusively settled shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce (ICC) by one or more arbitrators in accordance with the said Rules. The version of the Rules of Arbitration in force at the moment of notifi-cation of such proceedings shall be applicable. The ICC arbitra-tion court at the legal domicile of the respective InterApp National Sales Company shall be competent. The Seller reserves his right to apply before the ordinary courts in Zug, Switzerland or at the legal domicile of the Buyer.