These terms and conditions shall apply exclusively if applicable are declared by MySolutions in the offer or the order confirmation. Contrary conditions of the purchaser, in particular are only valid insofar as they expressly in writing or electronically are accepted by MySolutions. MySolutions provides software to use available, the customer is subject to this use the license agreement of MySolutions GmbH.
2. Conclusion of contract
The contract between MySolutions and the purchaser completes with the reception of the written or electronic confirmation of MySolutions. Changes or additions are valid only with the stated expressly in writing or electronically consent from MySolutions. Offers that contain no deadline, are non-binding.
3. Scope of supplies and services
The supplies and services of MySolutions are listed in the order confirmation, including any supplements to this conclusion. Benefit and risk pass the dispatch from establishment to the purchaser.
All prices are net, from Office, for export without packaging, in Swiss francs without any deduction. All ancillary costs as for example for packaging, freight, insurance, export, transit, import and other permits and certifications shall be borne by the purchaser. Similarly, the customer has all kinds of taxes, levies, fees, to ensure customs duties and the like which are levied in connection with the goods and services or he has to refund them to MySolutions, if it demonstrably has made payment for this.
5. Terms of payment
The payments are payable by the purchaser according to the specially agreed terms of payment to the bank account of MySolutions without any deductions (such as E.g. discount). The obligation to pay is fulfilled, Swiss francs at their disposal at the MySolutions bank account. Payment by bill of exchange or letter of credit is agreed, the Bill rate, change control, collection and credit charges purchaser. The dates of payment shall also be observed if transport, delivery, erection, commissioning or acceptance of the deliveries and services for reasons beyond the MySolutions, delayed or prevented, or if unimportant parts are missing or mail delivery work, which do not significantly affect the use of the supplies. If the collateral to be at or after conclusion of the contract shall be paid not according to the contract, MySolutions is entitled to adhere to the Treaty or to withdraw from the contract. We reserve the right to further compensation. If the payment deadline, MySolutions is entitled to charge a default interest of 5% p.a. without previous notice.
6. Terms of delivery
The delivery period starts to run as soon as the contract is concluded, all for whose execution NECE spoil there exist details at MySolutions, and if until then agreed payments have been made. In the case of force majeure, strikes, accidents, substantial operational disturbances or administrative measures in case of MySolutions or its suppliers or agents extended polluted possible, a timely delivery is the delivery period adequately. The delivery time is extended also, especially if subsequently changes the order of customer or with its contractual obligations and obligations behind if he provides necessary documents and information in a timely manner and/or fail making agreed payments and collateral. The delivery time is met if expiry the notice of readiness for dispatch to the customer has been sent. A delay in delivery does not entitle to the cancellation of the order. Compensation for a delay can claim the loading actuator only, if not replacement could be helped by him. In addition the delay must have been caused detectable by MySolutions and the purchaser must prove his damages as a result of the delay. The compensation for delay shall not exceed 5%, calculated on the contract price of the delayed delivery part. The first three weeks of delay type or so no claim to compensation.
7. Check and acceptance of the deliveries and services
MySolutions checks supplies and services as far as usual before shipment. Further inspections are particularly agree to be paid by the purchaser. The customer has to check the supplies and services as soon as possible after receipt at the latest however within a month (Swiss customers within 14 days) after receipt of the goods and to show MySolutions any defects immediately in writing or electronically. Defects that occur within the warranty period later are immediately after their discovery in writing or electronically to display. Without timely notification of defects, the deliveries and services shall apply as approved. Complaints not entitle to retain invoices or shorten.
8. Transport and packaging
Damage are visible at the reception of a broadcast on the packaging or transport damage show out of the box in the goods, the carrier shall notify without delay and to encourage the inclusion of a damage Protocol. The lack of an official complaint protocol release MySolutions from any liability. When returning any equipment and parts, the original packaging can be used whenever possible. This applies especially to electronic devices. Before investing in wood wool or similar material, they are dust-proof packing. For damage caused by non-observance of these rules, MySolutions disclaims any warranties.
9. Warranty (guarantee)
MySolutions offers a guarantee that their deliveries and services have no material, design or workmanship. The warranty period is 6 months reckoned from the day of delivery. Glass breakage is excluded from the guarantee. For other brands, which make up a substantial part of our device, the warranty conditions of the manufacturer apply. The take-up name of warranty obligations requires that the customer has fulfilled his payment obligations timely. MySolutions is committed until the expiration of the warranty period at its sole discretion either in own workshops free to repair proven faulty devices or to replace. Transport costs shall be borne by the purchaser. Expressly excluded from the warranty are defects which go back to circumstances, are not to be represented by MySolutions, such as improper use etc.
10. Exclusion of further liability
The warranty claims of the buyer are finally regulated in these terms and conditions. Customized hardware and software modules are considered automatically accepted and is operational, if it be objected within a period of 10 days after installation by the customer in their function. In particular any claims for damages, reduction or cancellation and termination of the contract are excluded. In any case claims for compensation for damage not caused to the delivery item itself, namely loss of production, loss of use, loss of orders, profits and other direct or indirect damage.
Non-free items are not accepted. A copy of the invoice and, where appropriate, a description of the fault must be added with the return. Returns should be sent to a service base supplied by us at the expense of the buyer. Results in a defective article, checking the errors alleged by the buyer or damage does not exist, but the article is faulty - and error-free, the buyer the seller is entitled, the examination fees, payment of a lump sum amounting to CHF 50.-plus VAT per check charge to make. This is true just if for goods purchased not at MySolutions GmbH. The buyer to prove a low effort, which evidence of a higher expenses subject to seller. In addition, in this case, the buyer has to pay the shipping and handling costs. Appraisal costs and shipping and handling collected cash bar.
12. Court of jurisdiction and applicable law
The courts of the seat of the MySolutions GmbH are responsible for the assessment of any disputes arising from these terms and conditions. MySolutions can take the place of jurisdiction at the registered office of the defendant.