1. General

1.1. Scope

These General Terms and Conditions govern the relationship between Sertronics AG and its customers (hereinafter referred to as “Partner”). The terms apply to orders, online shop transactions, service orders, or service extensions. The Partner’s general terms and conditions do not apply, even if referenced in connection with an order or assignment.

1.2. Prices

The applicable price is the one valid at the time of order or service entry. Price changes for undelivered goods and services remain reserved in case of changes to the billing basis and will be communicated to the customer as soon as possible, unless otherwise agreed. Prices are in Swiss francs ex-works from Sertronics’ domicile. Shipping costs, handling fees, insurance, other charges (e.g., SWICO), and the VAT applicable at the time of invoicing are charged separately.

1.3. Time of contract conclusion

The contract between the Partner and Sertronics is considered binding if Sertronics does not reject the order within a reasonable period after receipt.

2. Distribution, commercial projects

2.1. Offers

Offers are time-limited and confidential. They must not be transferred or disclosed to third parties. In the absence of orders, all submitted documents must be returned in full upon request.

2.2. Returns and exchanges

Returns or exchanges of products delivered in accordance with the contract are not possible. In the event of non-contractual delivery, only brand-new products in undamaged original packaging will be exchanged or returned. Any return must be discussed in advance with the responsible representative. Delivery note or invoice number must be provided in every case. If products are returned to Sertronics without prior mutual agreement and accepted by Sertronics, handling fees may be charged.

2.3. Retention of title

Until full payment of the purchase price, Sertronics has the right to have a retention of title entered for the products delivered to the buyer. The Partner is obligated to cooperate with the entry if necessary.

3. Services

3.1. Warranty repairs

For warranty repairs, the manufacturer’s warranty provisions apply. If the manufacturer rejects the warranty under its terms, a cost estimate or repair will be carried out at a charge. Rejection reasons are usually damages caused by external influences or undetectable device defects.

3.2. Cost estimates

Cost estimates are provided when a warranty claim is denied or upon the customer’s express request. The customer has 10 days to respond. If no response is given or the estimate is declined within this period, the device can be returned. Inspection and shipping costs are borne by the sender of the device.

3.3. Refusal of acceptance

If acceptance of a returned device is refused, if a customer does not respond to cost estimates, or if collection does not occur despite notice, the device remains with Sertronics and daily storage and handling fees are charged. The customer may still collect the device for up to 3 months after reimbursing all costs. After this period, the customer’s claim to the device expires, and Sertronics may freely dispose of it. Any proceeds will be credited to the customer’s outstanding balance.

3.4. Data backup

Repairs may result in data loss. Sertronics assumes no responsibility for securing any existing data. The customer is solely responsible for ensuring data backup prior to sending the device for repair. Data restoration is the customer’s responsibility.

3.5. Warranty on services

A 3-month warranty starting from delivery is granted on services provided by Sertronics. The warranty on repairs is limited to defects occurring within the warranty period that can be proven to have resulted from material defects or faulty installation or repair by Sertronics. The warranty is limited to repair or replacement of defective products or components or reimbursement of the value of the un-replaced products or components.

4. Service extensions

Service extensions include warranty extensions, additional services to existing warranties, and maintenance contracts. Additional conditions apply to service extensions, according to Annex A.

5. Online shop

Additional conditions apply to online shop transactions, according to Annex B.

6. Warranty

6.1. Obligation to notify defects

Visible defects must be reported in writing within 8 days of receipt of delivery, specifying the type of defect. The delivery note or invoice must be attached.

6.2. Transport damages

Deliveries with transport damages must be accepted with reservation, and the damages must be reported in writing to the carrier immediately. Sertronics assumes no liability for transport damages. If the damage claim needs to be increased, it must be separately ordered from Sertronics.

6.3. Scope of warranty

Parts subject to wear and tear, transport damages, and damages caused by external intervention, modifications, improper use or cleaning, inadequate maintenance, and/or wear are excluded from the warranty.

Sertronics is only liable for damages in cases of proven gross negligence or intentional conduct by its employees. Additional warranty claims, particularly claims for reduction, rescission, and damages, including consequential damages, are excluded. If Sertronics AG provides services on behalf of a third-party partner, the warranty provisions of the brand or client apply in the event of deviation.

7. Delivery times

Sertronics strives to meet the indicated deadlines but does not guarantee compliance. The Partner agrees to accept partial deliveries.

Failure to meet delivery deadlines by Sertronics entitles the buyer to withdraw only if the delivery does not occur after a reasonable grace period. Damage claims are excluded.

8. Payment terms

Invoices are payable within 30 days from the invoice date, net without deduction. The date of payment receipt on Sertronics’ accounts is decisive for compliance with the payment deadline. Partial payments are not permitted. The Partner is also not entitled to withhold payments due to complaints or to offset counterclaims.

After the 30-day payment period, the buyer is in default and will be charged all subsequent costs as well as a default interest of 1% per month starting from the 31st day after the invoice date. In case of default, Sertronics is entitled to request advance payment for further orders, deliver cash on delivery, withhold undelivered orders, and terminate the contract without further notice while demanding the return of executed orders.

9. Final provisions

9.1. Partial invalidity and amendments

The invalidity of certain parts of these General Terms and Conditions or the related contracts does not affect the validity of the remaining provisions. Amendments to the General Terms and Conditions require written approval from Sertronics.

9.2. Governing law and jurisdiction

All legal relationships between Sertronics and the Partner are governed by Swiss law. The place of jurisdiction for all disputes arising from or in connection with the individual delivery contracts is the registered office of Sertronics AG.

Birmenstorf, January 1, 2020