The General Terms and Conditions of Ott + Wyss AG

1. Scope of application

These General Terms and Conditions (hereinafter "GTC") of Ott + Wyss AG (hereinafter "OWY") apply to all services and products (hereinafter "Products") of OWY. A customer is any natural or legal person who maintains business relations with OWY. Deliveries are limited to the territory of Switzerland and the Principality of Liechtenstein. Any terms and conditions of the customer that conflict with or deviate from these GTC shall not be recognised unless OWY has expressly agreed to their validity in writing. The current and binding version of the GTC is published at www.owy.ch. These terms and conditions shall be deemed accepted upon ordering the goods or services.

2. Information about products and services

The information about products and services is compiled by OWY for the customer as clearly and customer-friendly as possible. Insofar as this involves information provided by the manufacturer (e.g. manufacturer's warranty), the information provided by the manufacturer itself is always authoritative. OWY always endeavours to provide correct, up-to-date and clear information from the manufacturer, but cannot guarantee this.

3. Price

Unless otherwise stated or agreed, all prices are inclusive of VAT, advance recycling fees and copyright levies. The prices stated in the order confirmation are authoritative. These are fixed for goods in stock at the time of the order. In the event of delivery bottlenecks and orders, the current price on the day of the order shall apply.

4. Offer and conclusion of contract

Products, services and prices published at www.owy.ch are deemed to be an offer. However, this offer is always subject to the (resolutory) condition of the impossibility of delivery or incorrect pricing (on the part of the manufacturer or OWY). OWY's offers in price lists and advertisements are subject to change and non-binding. The contract is concluded as soon as the customer places an order via the online shop, in the showroom, by telephone or e-mail. The arrival of an online order is indicated to the customer by means of an automatically generated order confirmation sent to the e-mail address provided by the customer. Receipt of the automatically generated order confirmation does not constitute a promise that the product is actually available or can be delivered. It merely indicates to the customer that the order placed has been received by OWY and that the contract has thus been concluded, which is subject to the condition that delivery is possible. If delivery is impossible in accordance with section 4, the contract shall be cancelled immediately and automatically. The customer shall be informed of this immediately. If the customer has already paid, this amount will be refunded. If no payment has yet been made, the customer shall be released from the obligation to pay. OWY is not obliged to make a replacement delivery as a result of such a cancellation of the contract.

5. Availability

OWY attaches great importance to maintaining the availability information carefully and ensuring that it is as accurate as possible. However, delays in delivery may occur, particularly due to production or delivery bottlenecks. All information on delivery times is therefore without guarantee and may change at any time without notice. Delivery may also be completely impossible if a product can no longer be manufactured or delivered. In this case, a delivery impossibility (resolutory condition) occurs in accordance with Clause 4 of the GTC. Deadlines and delivery periods are non-binding unless expressly agreed otherwise in writing. The specification of certain delivery periods and delivery dates by OWY is subject to the correct and timely delivery to OWY by suppliers and manufacturers.

6. Terms of payment

The customer undertakes to pay using the payment options provided. The current payment options and the associated conditions are published at www.owy.ch. OWY reserves the right to exclude customers from individual payment options without giving reasons. Invoices are payable in cash or net within 10 days, unless otherwise agreed. Delivery is always carriage forward, i.e. at the buyer's expense by parcel post, forwarding agent or own vehicle, unless expressly agreed otherwise. Payment shall only be deemed to have been made when OWY can dispose of the amount.

7. Reservation of title

Products delivered to the customer shall remain the property of OWY until the purchase price has been paid in full. The customer grants OWY the right to have a retention of title entered in the retention of title register.

8. Delay in acceptance

If the buyer refuses to accept the delivery items after the expiry of a grace period set for him or declares that he does not wish to accept the goods, OWY may refuse to fulfil the contract and demand compensation for non-performance. OWY is entitled to demand either a lump sum of 25% of the agreed purchase price or compensation for the actual damage incurred from the buyer.

9. Delay of payment

If the buyer is in delay and does not fulfil his payment obligations or does not fulfil them in part, OWY is entitled to charge interest at a rate of 5% from the relevant date. During the period of default, OWY is also entitled to withdraw from the contract at any time, to demand the return of the delivered goods and to claim damages for the cancellation of the contract. All claims shall become due immediately if the customer is in default of payment, culpably fails to fulfil other essential obligations under the contract or if circumstances become known which are likely to reduce the creditworthiness of the customer, in particular suspension of payments, pendency of composition or bankruptcy proceedings. In these cases, OWY is entitled to withhold outstanding deliveries or to execute them only against advance payment or corresponding securities.

In the case of an order by advance payment, OWY may automatically and without further notice cancel all affected contracts at the earliest ten calendar days after OWY has unsuccessfully sent the customer a request for payment.

OWY may charge a collection fee of CHF 50.00 from the 3rd reminder. OWY reserves the right to assign the claim to a debt collection agency.

10. Cancellation and termination of contract

Orders are binding in accordance with Clause 4 of the GTC and the customer is obliged to accept the service. Subsequent changes at the customer's request are possible in exceptional cases and at OWY's discretion. The possibility of cancellation depends on the product and the time of cancellation. Depending on this, the order can be cancelled free of charge, against a handling fee or not at all.

If the customer does not accept the products within two weeks despite the obligation to accept them, OWY may terminate (cancel) the contract and charge the distribution costs. In the event of a delay in delivery by OWY in accordance with Section 5 of the GTC, the customer shall be entitled to cancel the contract no earlier than 30 calendar days after the agreed delivery date. In the event of cancellation due to non-delivery, OWY shall refund the customer any amounts paid in advance.

11. Delivery costs

These costs are shown separately on the order and invoice.

For further information (available shipping methods/corresponding costs), please refer to our special delivery conditions:
https://www.owy.ch/en/Service/Shipping/

12. Obligation of the customer to inspect

The customer must immediately check delivered or collected products for correctness, completeness and intactness. Any defects must be reported to OWY as soon as they are recognised, but at the latest within 5 calendar days of receipt of the shipment/collection. The customer must keep the product in the condition in which it was delivered and may not put it into operation.

Upon delivery by a service partner, the customer confirms with his signature on the delivery note that there are no obvious defects in the product. Otherwise, the customer must indicate the defect on the delivery note. This does not apply to hidden defects. Complaints regarding damage, delay, loss or poor packaging must be made immediately upon receipt of the consignment.

13. Passing of risk

The risk shall pass to the buyer as soon as the consignment has been handed over to the person carrying out the transport. If the dispatch is delayed or becomes impossible through no fault of OWY, the risk shall pass to the buyer upon notification of readiness for dispatch. The assumption of transport costs by OWY agreed in individual cases has no influence on the transfer of risk.

14. Exchange and Return

There is no general right to exchange or return.

15. Return shipments / Returns

Returns of products require the prior consent of OWY and are at the expense and risk of the customer. They must be sent by registered post to OWY's address. The products, including all accessories, must be properly packed in the original packaging.

Products that OWY procures at the customer's request cannot be returned.

The return due to a defect in the product must be accompanied by a detailed description of the defect and a copy of the purchase invoice. In the case of products that have no detectable defects or the defect is not covered by the manufacturer's warranty, OWY may charge the customer for the costs of inspection and return or disposal. When handing over a data carrier or a product with a data storage device contained therein to OWY, a complete loss of data must be expected in any case. The customer himself is responsible for proper data backup and protection of his data. OWY accepts no liability for any loss of data. Translated with DeepL.com (free version)

Returns that cannot be assigned to a customer are kept for 12 months and then disposed of.

16. Warranty

Unless expressly agreed otherwise in writing, the two-year warranty period shall always apply, whereby OWY may choose to fulfil the warranty by repair, replacement, cancellation or reduction. The warranty period begins on the date of delivery. The replacement of parts, assemblies or entire devices does not result in a new warranty period. The warranty is limited exclusively to the repair or replacement of the damaged delivery items.

The warranty shall only be provided if there are no grounds for exclusion such as normal wear and tear, damage caused by incorrect manipulation, tampering or external circumstances such as damage caused by the elements, moisture, dropping or impact, etc. If the operating or maintenance instructions are not followed, changes are made, parts are replaced or consumables are used that do not correspond to the original specifications, any warranty shall be void if the defect is attributable to this. This also applies if the defect is due to improper use, storage and handling of the devices, or unauthorised intervention or opening of devices. Insignificant deviations from the warranted characteristics of the goods do not trigger any warranty rights.

In the case of wearing parts, consumables, accessories, batteries and rechargeable batteries, OWY shall waive the warranty completely. Warranty claims against OWY are only available to the direct purchaser and are not transferable.

If the manufacturer's warranty extends beyond OWY's warranty, OWY shall also grant this to its customer.

Products labelled as "demo model" in the shop are demonstration devices. They may have slight visual defects or be refurbished products, which is why they are sold at a reduced price. These visual defects are excluded from the warranty. OWY may, at its own discretion, provide the customer with a replacement device while the warranty claim is being examined. This is subject to the (suspensive) condition that a warranty case actually exists. The customer therefore only acquires ownership of the replacement product at the time the warranty is granted. If the warranty is rejected, the customer may purchase the replacement device at the price at the time of delivery or is obliged to return the replacement device in accordance with clause 15.

17. Repair after expiry of the warranty period

OWY may charge costs for repairs after the warranty period has expired.

18. Liability

Claims for damages arising from impossibility of performance, from breach of contract, from culpa in contrahendo and from tort against OWY and its auxiliary persons are, as far as legally permissible, neither intentional nor grossly negligent, fully excluded. Liability for indirect damage and consequential damage resulting from use, faulty performance or loss of performance is excluded. This exclusion of liability also applies to all types of direct and indirect damage (i.e. both personal injury and damage to property and pure financial loss) caused by incorrect or unprofessional assembly, installation, adjustment, maintenance or repair of the product by the customer. The company entrusted with the execution of service partner services (e.g. on-site installations) is liable for defects, delays in performance and damage caused during the execution of such services.

19. Copyrights / Software warranty

If software is included in the scope of delivery, it is provided to the buyer solely for one-time resale or for his own use, i.e. he may neither copy it nor allow others to use it. Software is excluded from all warranty provisions on forms. The provisions of the manufacturer's licence agreement shall apply exclusively.

20. Data protection

OWY is authorised to process the data about the buyer received with regard to the business relationship or in connection with it, regardless of whether these originate from the buyer himself or from third parties, in accordance with the Federal Act on Data Protection (FADP). Personal customer data will be treated confidentially and only passed on to third parties as part of the credit check.

21. Jurisdiction and applicable law

Zofingen shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The legal relationship/contract is subject to Swiss law, whereby the UN Convention on Contracts for the International Sale of Goods (CISG) is completely excluded.