iSpeech General business conditions1. Applicability
These conditions of supply shall apply to all sales and deliveries. Subject only to such other clauses as shall have been agreed in writing.
2. Delivery terms
Where no special time of delivery is agreed, we shall, as far as possible, deliver from stock. Any delivery date stated by the customer shall be deemed to be an expression of a desire, and will be observed if possible, but it shall not be considered to be a binding date of delivery. Delays in deliveries shall not entitle the customer to claim damages or to cancel the contract.
3. Prices
All prices shall be net and ex works, in the currency stated.
The cost of packing and transport (shipping) shall be borne by the purchaser and will be charged at cost price, so far there is no other agreement.
4. Special charge on small orders
On orders worth less than CHF/EUR 50.-, a special handling charge of CHF/EUR 10.- shall be added.
5. Terms of payment
Unless otherwise agreed in writing, payment shall be effected within 30 days from invoice date, net, and without any discount. If the time for payment is overdrawn, default interest of 6% per annum, which is hereby agreed upon, will be due from due date, without any special reminder being necessary therefore.
6. Delivery and insurance
Delivery and insurance shall in principle be subject to the arrangements with the customer. In the absence of such arrangements we will effect shipments by post, road or by air at the customer‘s risk. Any damage must be reported to the carrier at acceptance of the consignment. Dispatch COD is reserved. The COD charges shall be borne by the customer.
7. Property retention clause
All materials supplied by us shall remain our property until fully paid for.
8. Complaints as to workmanship and quantity delivered
Complaints must be lodged in writing within eight days of receipt of delivery, failing which the delivery and the bill shall be considered to have been accepted by the client. If the complaint is justified the customer shall be entitled to replacement of faulty products. Any claim beyond that is hereby expressly ruled out.
9. Transfer to title and risk
Transfer of benefit and risk shall in any case take effect at the moment of delivery from our premises.
10. Warranty
The warranty period for Hardware shall be twelve months from date of invoice, resp. 1 month for repair. Parts which become faulty or useless demonstrably because of poor material, faulty design or faulty workmanship, shall be repaired or replaced by us free of charge. Any parts replaced shall become our property. Any carriage incurred shall be borne by the customer. Any further claim, in particular for software, damages or cancellation of the contract, is hereby ruled out. Any damage due to wear, improper maintenance or non-observance of operating instructions, or due to any other reasons beyond our con¬trol, is excluded from the warranty. The warranty shall expire if the customer or third parties make alterations or repairs to the products without our permission in writing. Disposables such as batteries or headsets are not covered by these warranty terms.
11. Liability
We undertake to perform delivery as agreed and discharge our warranty obligation. Any further liability towards the customer or towards third parties for any damage is hereby excluded.
12. Place of performance and jurisdiction
All contractual relations between the customer and iSpeech shall be exclusively governed by Swiss law. The place of performance vshall be in Baar/ZG, Switzerland.
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