Issue 1, August 2018
Subject to deviating written individual agreements, these General Terms and Conditions apply to all legal relationships between ProtoShape GmbH and its customers.
Commencement of validity
By placing an order for a product, by purchasing a product or by giving an order to ProtoShape GmbH, the customer accepts the full validity of these General Terms and Conditions.
All prices are quoted in Swiss francs unless explicitly agreed otherwise. Payments shall be made in Swiss francs, unless expressly agreed otherwise. The statutory value added tax, other statutory levies or taxes, other levies and fees of a similar kind, shipping costs as well as transport insurance costs are not included in the prices and shall additionally be borne by the customer, unless otherwise agreed.
Unless otherwise agreed, the validity of the offer lasts 14 days.
Terms of payment
The invoices are to be paid within 30 calendar days of the invoice date without any deduction. The customer is not entitled to make partial payments. The customer is neither entitled to withhold payments due to complaints nor is he entitled to offset his debts towards ProtoShape GmbH against other counterclaims towards ProtoShape GmbH. ProtoShape GmbH reserves the right to issue partial invoices or demand a prepayment lump sum for larger orders which, for example, last over a longer period of time.
The customer will be in default without further ado upon expiry of the 30-day payment period. The default interest due from this point in time is 5% per calendar year. In the event of additional requests for payment, the customer will be charged a flat-rate fee of CHF 20.00 for each request for payment in addition to the interest on arrears already due at that time.
Reservation of proprietary rights
ProtoShape GmbH remains the owner of all products and services sold until the outstanding purchase price debt has been paid in full and is entitled, without the cooperation of the customer and thus unilaterally, to make a corresponding registration for entry in the relevant retention property register.
ProtoShape GmbH will do everything in its power to comply with the delivery period stated by it without assuming any liability for this. Partial deliveries are permissible. The customer is not entitled to make the fulfilment of his obligations from partial deliveries dependent on the fulfilment of the entire order. The assertion of claims for damages by the customer is excluded in any case in the event of delay in delivery.
The customer must immediately examine the services provided and products delivered by ProtoShape GmbH in accordance with the order and give notice of obvious defects within 14 days of delivery. Claims for subsequent performance expire after this period.
Benefit and risk shall pass to the customer upon dispatch or handover of the delivery. The shipping risk shall be borne by the customer.
In all cases of force majeure, ProtoShape GmbH shall be released in full from its obligation to comply with delivery deadlines, without the customer being entitled in this case to withdraw from the legal transaction and/or assert claims for damages.
Warranty and right of return
ProtoShape GmbH does not guarantee manufactured and/or finished products.
Customer data is stored for the purpose of processing transactions. ProtoShape GmbH assures the customer that the data will be treated confidentially and used for the intended purpose. ProtoShape GmbH uses security measures to protect the managed data in accordance with the current state of the art.
The invalidity of individual parts of these General Terms and Conditions or of the contracts between the parties referring to them shall not affect the validity of the remaining provisions. Amendments to these General Terms and Conditions require the written consent of ProtoShape GmbH in order to be legally valid.
All legal relationships between ProtoShape GmbH and the customer are subject to Swiss law. The place of jurisdiction for all disputes arising from or in connection with the individual supply contracts shall be the registered office of ProtoShape GmbH.