General Terms and Conditions

1. General

These general terms and conditions (GTC) shall apply for 
all sales and deliveries of products by Suisse Technology 
Partners Ltd (Suisse TP) to a buyer (Customer). Differing 
and additional provisions shall not apply unless explicitly 
agreed upon by Suisse TP and the Customer in writing. 
General terms of the Customer shall only be binding if 
accepted by Suisse TP in writing.
To the extent the GTC do not provide for a regulation the 
Swiss Code of Obligations shall apply.
By accepting ordered and delivered material Customer is 
accepting these GTC.

2. Purchase Order, Prices and Payment Terms

Nature and scope of goods owed are exclusively defined by 
Suisse TP’s written offer, which has been accepted by 
Customer, or by the Customer’s order which has been 
confirmed in writing by Suisse TP.
Amendments of, or additions to, the nature and the scope 
of goods shall be binding only in written form.
VAT is not included in any prices unless explicitly noted 
otherwise. Payment terms are prepayment or 30 days net 
after reception of goods upon mutual agreement. New 
customers are supplied only after prepayment.

3. Shipment and Related Costs

Any increase in tariffs and fees such as transport costs, 
insurance premiums, customs duties, charges etc. 
occurring after the conclusion of the respective contract 
shall be borne by Customer even if Suisse TP has agreed 
to be responsible for transportation, insurance, customs etc.

4. Late Payment

In case Customer fails to comply with the agreed payment 
terms or becomes insolvent, all open balances become 
immediately due for payment irrespective of any otherwise 
agreed payment schedule. In case of late payment by 
Customer Suisse TP has further the right to immediately 
stop delivery and/or cancel the contract without having to 
give prior notice to Customer. Customer shall have to fully 
indemnify Suisse TP for any damages suffered. In addition, 
Suisse TP is entitled to cancel immediately all orders 
confirmed but not yet processed and/or completed and to 
cancel the respective contracts forthwith.

5. Force Majeure

Force Majeure releases Suisse TP from the obligation to 
observe any agreed schedule for delivery. Force Majeure 
shall, without limitation, include war, sabotage, strike, labor 
conflicts, civil disturbances, riots, revolution, decrees of 
public authorities, shortage of raw material, flood, fire and 
other natural disasters and any other unforeseen 
interruption of work affecting Suisse TP or any of its 
suppliers or other events that hinder Suisse TP temporarily 
or permanently in fulfilling of the agreed contract or render 
such fulfillment commercially unreasonable.

6. Examination, Claims and Warranty

Delivered goods have to be examined by Customer 
immediately after receipt, before processing at the latest. 
Any claim in respect of weight or quantity as well as any 
claim concerning defects of the goods shall be notified to 
Suisse TP in writing within eight (8) days following receipt 
of the goods. In case Customer fails to examine the goods 
and/or to notify Suisse TP in due time on any claim in 
accordance with these terms, any right of Customer for 
warranty claims shall be excluded.
In case of defective goods Suisse TP shall be granted the 
opportunity to examine such goods at Customer’s premises 
otherwise any right of Customer for warranty claims shall be 
excluded.
In the case of justified claims Suisse TPs liability is limited 
to the replacement of the defective goods at no cost for 
Customer. Customer shall have no further or other claims 
against Suisse TP. In particular, Customer shall have not 
right to rescind the contract, to claim reduction of the price 
or compensation for damages, e.g. for lost profit. In 
particular, excluded are any claims by Customer for direct 
or indirect and consequential damages or for any costs and 
expenses Customer may incur in connection with defective 
goods, all subject to mandatory provisions of the Swiss 
Federal Law on Product Liability.
No representation and/or warranty in respect of goods 
and/or their use shall be inferred by Customer from any oral 
statements that may be given by Suisse TP’s employees 
and/or other representatives and any liability of Suisse TP 
in respect of such statements shall be excluded. Suisse TP 
shall not be liable in case of failure to observe operating 
instructions for goods delivered by Suisse TP.

7. Distributors

Suisse TP reference materials may be distributed freely 
worldwide. Distributors have to inform Suisse TP if they 
want to present Suisse TP's products in their product 
portfolio (print, web, exhibition etc.). Distributors shall have 
a system to track where individual discs have been sold in 
case of recall.

8. Final Provisions

Unless agreed otherwise, place of performance shall be the 
registered office of Suisse TP in Neuhausen, Switzerland. 
Place of jurisdiction shall be Schaffhausen, Switzerland 
(ordinary courts). Swiss law shall exclusively apply.

9. Data Protection

Suisse TP undertakes to comply with the provisions of 
Swiss data protection legislation and to effectively protect 
the data arising in the course of the performance of the 
contract against unauthorised disclosure to third parties.
Personal data may only be processed for the purpose and 
to the extent that this is necessary for the fulfilment and 
execution of the contract. To this extent and for this 
purpose, personal data may also be passed on to a 
company affiliated with one of the contracting parties in 
Switzerland or abroad. Suisse TP shall transfer these 
obligations to its employees, subcontractors, sub-suppliers 
and other third parties engaged for the performance of the 
contract