1.1

These General Terms and Conditions (hereinafter referred to as GTC) govern the relationship between OCTAMAS gear AG and the customer (hereinafter referred to as customer(s)). These GTC are part of every contract, order between OCTAMAS gear AG and the customer. All offers, orders, deliveries and services of OCTAMAS gear AG shall be made exclusively on the basis of these General Terms and Conditions.

1.2

With the order of the goods or the acceptance of the goods, these terms and conditions shall be deemed accepted, unless otherwise agreed in writing. Terms and conditions of the customer shall not apply unless they have been expressly accepted in writing by OCTAMAS gear AG and do not contradict the GTC of OCTAMAS gear AG.

These GTC apply to every order. Deviating and special agreements are only valid if we have confirmed them in writing.

1.3

These terms and conditions may be amended or revoked at any time by informing the customer accordingly and without justification.

2.1

Unless otherwise stipulated in writing, the prices stated and the offers made by OCTAMAS gear AG are valid for 15 days. All prices, products, descriptions of goods, specifications and availability are subject to change at any time and without notice. OCTAMAS gear AG does not guarantee the availability of goods, whether on the basis of quotations or the publication of price lists, unless OCTAMAS gear AG has accepted a fully unconditional, irrevocable order from you in writing. Unless expressly stated otherwise in writing, OCTAMAS gear AG’s offers may be withdrawn at any time prior to their unconditional acceptance.

All our offers, in writing, by telephone or verbally, are subject to confirmation, unless otherwise agreed in writing.

3.1

The customer has no right to compensation or cancellation of the contract, respectively cancellation of the order due to delay of delivery.

If a product is no longer manufactured or can no longer be delivered by our supplier, no contract shall be concluded between OCTAMAS gear AG and the customer. Dates and delivery periods are non-binding.

3.2

Services not included on the order confirmation of OCTAMAS gear AG will be charged separately.

3.3

The delivery period begins as soon as the order has been placed, all official formalities such as import and payment permits have been obtained, and the payment to be made at the time of ordering and any securities have been provided. It shall be deemed to have been complied with if, upon its expiry, the delivery is ready for dispatch at the domicile of OCTAMAS gear AG.

3.4

The scope and execution of the delivery shall be determined by the order or the issued and paid invoice. Services that are not included therein will be charged separately.

3.5

The purchaser shall draw the attention of OCTAMAS gear AG to any unusual technical, official or statutory regulations that apply at the place of destination or installation of the product and that relate to assembly, operation and the prevention of illness and accidents.

The customer shall draw the attention of OCTAMAS gear AG to the legal, official and other regulations that exist in connection with the order, delivery and payment.

3.6

We are permitted to make partial deliveries under the terms of the overall order. Partial invoices are permissible.

3.7

Cancellation of ordered products is only possible with the consent of OCTAMAS gear AG. Cancellation is subject to costs, so we are to be compensated for the actual expenses incurred, but at least 25% of the net order value.

3.8

The delivery period shall be extended appropriately: a) If OCTAMAS gear AG has not received the information required for the execution of the order and delivery in due time, or if the Purchaser subsequently modifies such information and thus causes a delay in delivery. b) If obstacles occur which are beyond the control of OCTAMAS gear AG, irrespective of whether they originate with OCTAMAS gear AG, the Purchaser or a third party. Such obstacles are, for example, epidemics, mobilization, war, riots, significant operational disruptions, accidents, labor disputes, delayed or defective delivery of the necessary materials, rejection of important workpieces, official measures.
c) If the customer is in default with the fulfillment of his contractual obligations, in particular if he does not comply with the terms of payment.

3.9

The customer has no right to compensation or cancellation of the contract, or cancellation of the order due to delay in delivery.

3.10

If delivery on call has been agreed, the goods must be called off no later than 1 week after the agreed readiness date. After this period, the supplier is entitled to demand full payment and to invoice for further storage and possible repair of standstill damage.

3.11

Any further claim of the Purchaser due to defective delivery, in particular for damages and/or termination of the contract, shall be excluded.

4.1

The prices are exclusive of VAT. All ancillary costs, such as the costs of packaging, disposal, freight, insurance, export, transit, import and other permits as well as notarizations, shall be borne by the Purchaser. Likewise, the Purchaser shall bear all types of taxes, duties, (disposal) fees and customs duties. Support services are not included in the product price.

4.2

Cancellation of ordered products is only possible with the consent of OCTAMAS gear AG.

4.3

OCTAMAS gear AG reserves the right to adjust prices if, for example, wage rates, material prices or taxes and exchange rates change between the time of the offer and the contractual delivery.

5.1

An order is irrevocable after shipment of the goods.

5.2

Defective deliveries must be reported in writing within 3 working days after receipt of the goods, mentioning the invoice number. After this deadline, complaints can no longer be considered. An RMA return delivery bill must be requested before returning the goods. Please return incorrectly delivered items together with this return delivery bill.

5.3

If the return shipment is not complete or the original packaging is damaged, OCTAMAS gear AG reserves the right to return the shipment or we will charge you a contribution to expenses of 10% of the value of the goods, but at least CHF 120.00 for handling, plus any postage or freight charges incurred.

5.4

Unauthorized returns, as well as items marked with prices or damaged on the way back due to insufficient packaging, will be returned to the sender.

5.5

The return of a product must be approved in advance in writing by OCTAMAS gear AG. Furthermore, a return is only possible with a current RMA and a return delivery bill.

5.6

All returned items must be in new condition, in the original packaging and have no installation marks or signs of use. Electrical products such as cables, batteries, battery plates, junction boxes, etc. must be sealed in the original packaging to receive a full refund. Items outside of the original packaging may be subject to a 25% restocking fee as they must undergo a rigorous testing and recertification process.

6.1

The delivered products remain the property of OCTAMAS gear AG until payment has been made in full. OCTAMAS gear AG is entitled to make a corresponding entry in the retention of title register. The ordering party is obligated to cooperate in measures required to protect the property of OCTAMAS gear AG and, with the order, grants OCTAMAS gear AG the power of attorney, if it appears necessary, to have the retention of title entered in the relevant register.

6.2

The customer is obligated to notify OCTAMAS gear AG immediately in writing of any access by third parties to the items subject to retention of title.

6.3

We shall retain title to the delivered goods until all claims to which we are entitled from the business relationship and any claims that may still arise, irrespective of the legal grounds, have been settled in full.

7.1

Any defects in the delivered products must be notified in writing within 3 working days. Otherwise, the delivery shall be deemed accepted.

8.1

OCTAMAS gear AG must be notified in writing in good time of any special requests regarding transport and insurance. OCTAMAS gear AG shall charge the customer directly for transport. Shipping is at the expense and risk of the customer.

We work with common transport companies at usual market conditions, but do not guarantee the cheapest shipment.

All additional costs, such as VAT, import duty, customs clearance costs, etc., will be invoiced directly to the customer by the respective agency.

Complaints in connection with the transport must be addressed by the purchaser to the last carrier immediately upon receipt of the delivery or the freight documents and a copy forwarded to OCTAMAS gear AG for information.

We reserve the right not to ship from the place of performance as defined in Section 11, but from another place at our discretion.
Insurance against damage of any kind is the responsibility of the customer. Even if this is to be taken out by OCTAMAS gear AG, it shall be for the account and at the risk of the ordering party.

9.1

The customer shall be liable for any damage suffered by goods of such deliveries. The supplier reserves the right of disposal and ownership at all times. Unless otherwise agreed, consignments on approval and samples must be returned carriage paid within 10 days of receipt of the goods, otherwise they will be invoiced.

10.1

Benefit and risk shall pass to the customer at the latest upon dispatch of the delivery ex OCTAMAS gear AG, even if the delivery is made carriage paid, cif, fob or under a similar clause. If shipment is delayed or made impossible for reasons for which OCTAMAS gear AG is not responsible, the delivery shall be stored for the account and at the risk of the customer.

11.1

Warranty claims must be expressly asserted by the customer as such. The customer is responsible for proving the warranty claim. The receipt shall be deemed to be the warranty certificate.

The supplier undertakes to repair or replace as quickly as possible and at his discretion in his workshops all parts that become demonstrably defective or unusable during the warranty period due to poor materials, faulty design or poor workmanship. There shall be no right to a new replacement. Defective equipment shall be sent to OCTAMAS gear AG carriage paid.

Replaced parts become the property of the supplier and must be returned upon request. Any liability for claims for damages (especially as a result of direct or indirect damages) as well as for expenses are excluded.

Travel and additional work shall be borne by the customer. There is no claim for cancellation or reduction. Any further claim, in particular for damages and dissolution of the contract, is excluded. The repair and maintenance of software (also in case of warranty) is excluded in any case.

For replaced parts, as well as second-hand equipment, a warranty period of 3 months applies, unless otherwise specified.

11.2

The warranty period/guarantee is usually 12 months, or the warranty period granted by the manufacturer. Damage to parts due to normal wear and tear, transport damage and damage caused by external intervention, modifications, acid damage, improper operation and cleaning, inadequate care and / or normal wear and use of unsuitable storage media, disregard of operating instructions, incorrect handling, excessive stress, unsuitable operating materials, chemical or electrolytic influences, and as a result of other reasons for which OCTAMAS gar AG is not responsible are excluded from the warranty / guarantee.

11.3

In the event of a reason for exclusion, a cost estimate of CHF 120.- (excl. postage & shipping) will be provided, which covers the inspection costs and will be invoiced if the device is disposed of or not repaired. The right to cancellation or reduction is excluded.

11.4

Data may be lost when repairs are carried out. OCTAMAS gear AG assumes no liability for the backup of an existing data stock. It is the sole responsibility of the customer to ensure that the necessary data is backed up prior to the repair order. Restoring the data stock is the responsibility of the customer. The right to cancellation or reduction is excluded.

11.5

The repair centers usually provide a 3-month warranty on the work performed as well as the parts replaced. The warranty period starts from the date of delivery of the device by the repair center.

11.6

The warranty shall expire if the customer or third parties make changes or repairs to the delivery without the written consent of OCTAMAS gear AG; furthermore, if the customer does not immediately take suitable measures to ensure that the damage does not increase and OCTAMAS gear AG can remedy the damage.

OCTAMAS gear AG shall assume warranty for third-party deliveries only within the scope of the warranty obligations of the subcontractor.

12.1

OCTAMAS gear AG must execute the delivery in accordance with the contract and fulfill its warranty obligations. However, any further liability towards the customer for any damage is excluded.

13.1

These General Terms and Conditions are binding. Any terms and conditions of the customer to the contrary shall only be valid if they have been expressly confirmed in writing by OCTAMAS gear AG.

14.1

OCTAMAS gear AG reserves all rights for every design, texts and graphics, in particular ownership and copyrights. Written consent from OCTAMAS gear AG, Zurich, is required before passing on to third parties.

14.2

We reserve our exclusive rights and title to all designs, tracings, pictures, drawings, tables, wiring diagrams and all other manufacturing documents sent or shown to the Buyer or to the prospective Buyer of our goods. Such drafts, breaks, pictures, drawings, tables, circuit diagrams and manufacturing documents are not to be given, shown or otherwise brought to the attention of third parties without our express written consent. They are to be returned to us and/or destroyed at any time upon our request.

15.1

OCTAMAS gear AG guarantees that customer data that comes to its knowledge within the scope of an order will be treated confidentially and will not be passed on to third parties. For personal data, OCTAMAS gear AG assures that all data will be handled in accordance with the Data Protection Act and the relevant legal standard.

16.1

All legal relationships between OCTAMAS gear AG and the customer are subject to Swiss law. The place of jurisdiction for all disputes is the registered office of OCTAMAS gear AG.

17.1

Should individual provisions or several provisions of these GTC be wholly or partially invalid or later lose their legal validity, this shall not affect the legal validity of the remaining terms and conditions.