GENERAL CONDITIONS OF SALE AND DELIVERY

1. Validity
The present GCSD apply without reservation to all purchase and service contracts swissQprint enters into as supplier. Any GCSD of a customer or third party are superseded by swissQprint ’s GCSD and are therefore not recognized by swissQprint. Any suspension of, additions, or modifications to swissQprint’ s GCSD must be made in writing. In the event any provision herein is found to be invalid, the validity of no other provision shall be affected.

2. Effectiveness and Scope of a Contract
A contract between swissQprint and the purchaser shall become effective only once it is signed by a swissQprint representative. If swissQprint demands a counter-signature from the purchaser, the contract becomes valid only with the required signature of the purchaser. SwissQprint’ s order confirmation shall govern the scope of the contract.

3. Pricing
All swissQprint pricing is net ex factory and exclusive of all costs of packaging, freight, insurance, export and import, duties, taxes, and certification. All such costs are the responsibility of the purchaser. SwissQprint reserves the right to change prices at any time with a preadvice of 3 months, even subsequent to the issuance of a quotation.

4. Payments
The purchaser shall make all payments in Swiss Francs, if no other contractually currency is agreed. Applicable payment terms are specified in the order confirmation.

5. Interest
SwissQprint reserves the right to charge 10% p.a. in interest on all late payments from the due date.

6. Counterclaims
The purchaser shall be prohibited from making any counterclaims against swissQprint in lieu of meeting his obligations.

7. Delivery
The delivery period begins as soon as the contract becomes effective. The delivery period may be interrupted, and subsequently restarted, as a result of events beyond swissQprint’ s control, or by delays in the purchaser meeting his obligations, or by subsequent changes made to the order by the purchaser. SwissQprint shall not be liable for any damages caused by delays in delivery.

8. Retention of Title
Delivered goods remain swissQprint’ s property until paid for in full. Until paid for in full, delivered goods cannot be pawned or otherwise encumbered by the purchaser or any third party.

9. Benefit and Risk
Both benefit and risk are transferred to the purchaser as soon as the goods are ready for shipment.

10. Shipment
SwissQprint shall determine the best mode of transport. The purchaser must communicate to swissQprint in writing any complaints concerning damages, delays, or loss within 8 days from the date of delivery (or the anticipated date of delivery). In addition, any damages resulting from transport must be communicated to the shipping company in writing at the time of delivery and indicated on the delivery documents. If the purchaser does not comply with these requirements, he/she loses any rights to compensation.

11. Insurance
The purchaser shall be responsible for properly insuring all ordered goods for transport.

12. Liability
With the exception of item 13 below, and unless otherwise prescribed by law, swissQprint shall not be liable for any personal injury or any property, incidental, or consequential damages.

13. Warranty
Products supplied by swissQprint are guaranteed by swissQprint pursuant to the specific terms and conditions listed in the order confirmation. The warranty period begins on the date of installation. In case of installation delays not attributable to swissQprint, the warranty period shall be extended by no more than one month from date of shipment. The warranty is limited to defects in material and workmanship and shall result in repair or replacement of defective parts at no cost to the purchaser. Any additional costs arising from expedited delivery are billed to the purchaser. Excluded from the warranty are any defects caused by, or attributable to, external factors or unauthorized intervention by third parties. If warranty service must be performed at the end-user site, the purchaser shall be liable for all technician travel expenses, including travel time, transportation, and accommodations. All swissQprint products must be installed, repaired, and put in operation by swissQprint -trained and certified service personnel exclusively. Ignoring this provision shall result in unconditional voidance of the warranty.

14. Instruction Manuals
The purchaser shall make sure all swissQprint products are supplied to the end-user with up-to-date documentation and shall also be responsible for making the purchaser aware of these.

15. Applicable Laws
Swiss Law shall apply exclusively with the exception of the UN Agreement of November 4, 1980, governing contracts concerning the international sale of goods (Vienna Sales Convention).

16. Place of Jurisdictions
The exclusive place of jurisdiction shall be Widnau (SG), Switzerland.