1. general conditions
All our sales, deliveries and services are fully subject to these General Terms and Conditions (hereinafter referred to as “GTC”) in their current version, unless they have been modified or supplemented by written agreements. Any delivery restrictions which we ourselves have to enter into vis-à-vis our manufacturers shall pass to the purchaser of our goods or services and shall be transferred to the latter in the event of transfer to a third party.
Should individual provisions of these GTC prove to be invalid or ineffective, they shall be replaced by the provision that comes closest to the intended purpose of the invalid or ineffective provisions. Furthermore, the validity and effectiveness of the remaining parts of the GTC shall remain unaffected.
2. offers
Our offers are limited in time, either according to the legal rules or according to the specific indications in the offers themselves. Where nothing is noted, a validity period of 10 days from the date of the offer is valid. Excluded from this period of validity are products for which daily prices apply, such as storage media (memory, hard disks, flash memory, etc.); for this group of products, a period of validity of 24 hours from the time the offer is made shall apply as a rule.
Our offers are confidential in nature and may only be made available for inspection to those persons who process our offers. We reserve the property rights and copyrights to all project studies, drawings and designs.
3. prices and orders
All price quotations on price lists, brochures and in electronic media are subject to change and non-binding unless otherwise expressly agreed. The prices quoted are for the following methods of payment: Cash, prepayment by bank/mail transfer, cash on delivery or payment by bank/mail transfer. Prices are ex Cropmark AG office (pick-up prices “Ex Works”), excluding shipping, packaging and insurance. For all shipments of goods we charge packaging, postage and transport insurance fees (for foreign shipments plus customs clearance fees).
The acceptance and execution of orders may be made dependent on a guarantee of creditworthiness or an advance payment. Should price surcharges, additional fiscal burdens, tariff increases or strong currency fluctuations occur in the course of order processing, we reserve the right to adjust prices accordingly.
In the event of cancellation of orders, the customer will be charged for the cost of our efforts. Orders can be placed by the customer in writing (letter), by telephone or in electronic form (email, web store). With his order, the Customer acknowledges the validity of the GTC of Cropmark AG in its current version.
4. delivery period, fulfillment of the delivery and transport damages
We will always endeavor to meet the delivery deadlines we have stated and carefully calculated, even in the event of unforeseeable difficulties, but we cannot provide any legal guarantee for this. Possible missed deadlines do not entitle the customer to cancel the order or to claim compensation. The delivery shall be deemed to be fulfilled when the goods leave our premises or, in the case of direct delivery by our supplier, their premises. Shipping and transport risk shall be borne by the customer in all cases, even if freight or postage paid delivery of the goods has been agreed. The goods are packed with the utmost care. In the event of transport damage, the recipient of the goods must immediately make a corresponding reservation to the transport company and notify us in writing of the damage. This also applies if the packaging of the goods does not show any external damage.
Partial deliveries are permitted without prior notification of the customer, except in cases where the customer has expressly excluded a partial delivery in writing when placing the order. Postage costs may be increased by a reasonable amount for partial deliveries. Partial deliveries may be invoiced separately in each case.
If circumstances occur which are not within the sphere of influence of Cropmark AG, in particular in the case of strikes, lockout, material failure, transport and operational stoppage at the manufacturer, transport problems, warlike events, and cause a delay in delivery or an impossibility of delivery, Cropmark AG is entitled to withdraw from the contract without any consequence for damages.
5. incoming inspection and acceptance
The customer is obliged to check the products or services for completeness and correctness immediately upon receipt. Any defects are to be reported immediately, at the latest, however, 3 days after delivery or to notify Cropmark AG in writing of the collection. If no notice of defects is received within the set period or late, the delivery or service shall be deemed to have been approved by the customer and any warranty claims attributable to defects at the time of delivery shall expire. Excluded from this are defects which were not recognizable during careful incoming inspection.
6. transfer of benefit and risk
With the abandonment of the products for shipment, the benefit and risk are transferred to the customer. In the case of collection, benefit and risk shall pass to the customer upon notification that the products are ready for collection.
7. goods returns and exchange
Goods can only be returned after prior notification and authorization by Cropmark AG. A return is considered authorized when an RMA no. or order number was assigned to the customer. An authorization for return does not cause an automatic obligation to take back by Cropmark AG, but only regulates the acceptance of products sold by us for the purpose of exchange, repair, disposal or credit. In any case, Cropmark AG reserves the right to check the goods for completeness and intactness before processing or taking them back against credit note.
Products specially ordered at the request of the customer are generally excluded from exchange.
Cropmark AG may charge a reasonable contribution to expenses for the costs of taking back or exchanging the goods.
8. warranty and liability
Unless otherwise agreed or stated on the invoice, the warranty period of products sold by us is 24 months from the date of delivery for hardware. Excluded from this are: Batteries resp. accumulators covered by a warranty period of 12 months from the date of delivery. Cropmark AG is not obliged to pass on further warranty periods of the manufacturer or of suppliers to the customer in full. For software 90 days, for repairs 3 months warranty period from the date of delivery applies. The place of performance for the warranty is Wettingen. Our warranty covers all defects occurring within the agreed warranty period, the existence of which is demonstrably due to poor material or faulty manufacture. No warranty is given for the compatibility of the hardware and software sold with existing hardware and software or with hardware and software to be purchased. Consumables such as tapes, SSDs and hard disks are only guaranteed to be formatted and functional upon delivery.
If there are any defects, the customer must notify Cropmark AG of them in writing no later than 8 days after receipt of the goods. If he fails to do so, the delivery shall be deemed approved. Hiervon ausgenommen sind Mängel, die bei sorgfältiger Eingangskontrolle nicht erkennbar waren.
In any case, Cropmark AG rejects the warranty for defects which were caused by
– improper use, storage, transport or handling;
– poor maintenance;
– Failure to comply with operating, operating and/or installation instructions;
– modifications or repairs not approved or carried out by Cropmark AG;
– natural wear and/or excessive stress;
– Use for purposes not intended and/or in environments not intended for the product;
– Use of third-party parts and accessories; and
– other reasons for which Cropmark AG is not responsible.
Our liability is limited, at our option, to replacement of the defective items, repair or refund of the current value of the products not replaced. Any further warranty or liability, in particular for loss of data, installation costs of replaced or repaired products, as well as for any damage caused directly or indirectly by the delivered items themselves, their use or their defects, is rejected.
Packaging and freight costs shall be borne by the Customer for the delivery, and by Cropmark AG for the return delivery of the replacement goods. An authorization (RMA number) must be requested before each return. Products without a valid RMA number or which have not been purchased from us may remain unprocessed or be returned to the customer at the customer’s expense. An RMA number remains valid for a period of 14 days in each case; the RMA number must be clearly noted in the address field.
9. terms of payment, credit limit, default in payment, exclusion of set-off and retention of title
Payment must be made in cash or by bank transfer to our bank and postal accounts. Other forms of payment are only accepted with the express approval of Cropmark AG. The term of payment for delivery on invoice is 10 days from the date of invoice, unless otherwise agreed and stated on the invoice. Prices are net in Swiss francs plus shipping, postage and insurance costs and exclusive of value added tax due by law.
Cropmark AG may grant a credit limit to any customer. If this limit is exceeded or if there are indications of payment difficulties and/or insolvency of the customer, Cropmark AG may stop further deliveries without prior notice.
The customer shall be in default after exceeding the agreed payment deadline without a reminder. The default interest is due from the 1st day after the expiry of the granted payment term and amounts to 5% of the invoice total. Additional damage caused to Cropmark Ltd. by late payment or non-payment may be additionally charged to the Customer. This applies in particular to all dunning and collection costs as well as debt collection, court and legal costs.
Withholding payments and offsetting our claims against counterclaims not recognized by us is not permitted.
We retain title to all items sold by us until the purchase price has been paid in full. An entry in the retention of title register may be made.
10. place of jurisdiction
Any disputes shall be governed exclusively by Swiss law.
The place of jurisdiction is Wettingen. However, at our discretion, the customer may also be sued at his place of residence, his habitual place of abode or the registered office of the company. Our company will at all times endeavor to resolve any differences with its customers amicably and amicably.
