1. scope of application
The following General Terms and Conditions (GTC) form an integral part of all contracts with our customers. They take precedence over any purchasing conditions of the customer in all cases. Other general and/or contractual conditions that differ from these terms and conditions are only valid if they are accepted by Media Solutions in writing. These GTC are valid from 1.1.2004.
2. prices and terms of payment
Our prices are ex domicile of Media Solutions.
Unless otherwise agreed in writing, invoices are due for payment within 10 days of the invoice date, strictly net. For new customers, advance payment at the time of order is generally applicable. After expiry of the payment period, the buyer is in default. Default interest customary in banking will be charged. In the case of default, we reserve the right to charge the incurred reminder and collection expenses. Irrespective of this, we are entitled to demand further deliveries by cash on delivery or against advance payment in the event of default of payment. We expressly reserve the right to make price changes due to raw materials or currency fluctuations.
3. delivery periods
When placing the order, the customer must draw attention to all circumstances which enable correct and timely delivery. The customer shall bear any consequential costs resulting from ambiguities in the order.
The delivery period shall be based on the date fixed in the contract. It will be extended if obstacles occur which are due to force majeure such as war, epidemics, storms, etc. Delays in delivery do not entitle the customer to withdraw from the contract or to claim damages.
4. retention of title
Until full payment of the purchase price the goods remain the property of Media Solutions. Media Solutions is entitled at any time to have the retention of title entered in the relevant register and to withdraw from the contract in case of default of payment. The customer is not entitled to offset our claims against possible counterclaims.
In case of a change in the creditworthiness of the buyer, which becomes known after the conclusion of the contract, or if payment terms are not met, Media Solutions is entitled, even if special payment terms have been agreed upon, at its discretion, to demand immediate payment, to withdraw from the contract in whole or in part and/or to make the delivery dependent on advance payment and to demand the return of already delivered goods without prejudice to further claims for damages. All costs arising from the action of Media Solutions are to be borne by the buyer. In case of withdrawal from the contract Media Solutions reserves the right to reclaim the delivered equipment immediately (Art. 214Abs. 3 OR). Cancellation of orders is only possible with written consent of Media Solutions. Costs that have already been incurred or price increases due to order reduction are to be borne by the customer.
5. testing and warranty
After receipt of the goods, the customer must check them in his own interest. Complaints about possible bad packaging must be reported on the day of receipt of the goods. Further defects of the delivered equipment must be reported in writing immediately, at the latest eight days after discovery. If this is not done, the goods shall be deemed to have been approved by the customer.
In the case of a warranty claim, the customer must simultaneously present the proof of purchase, otherwise we are entitled to refuse warranty services without further ado. Instead of a warranty according to Art. 197 ff. OR, the goods are delivered with manufacturer's warranty. Media Solutions grants the customer the same warranty as it is entitled to against the manufacturer. Defects occurring during the warranty period, which are not the responsibility of the buyer, will be repaired or replaced by Media Solutions free of charge at its own discretion. Expenses incurred in connection with the use of technicians for repairs outside of our business domicile, as well as the transport of devices to and from the customer are at the expense of the customer. If a component of a device is replaced, the guarantee of the goods remains unaffected by this, in particular, the guarantee is not interrupted, does not start again and is not extended.
The assertion of warranty claims entitles the purchaser neither to withdraw from the contract nor to retain the purchase price. Further claims for damages are excluded. This applies in particular to the liability for damages that have not occurred to the goods themselves, such as loss of production, loss of use and orders, loss of profit and other direct or indirect damages. In addition, Media Solutions disclaims any liability for data destruction and loss of data during the correction of defects.
6. place of jurisdiction
Exclusive place of jurisdiction is Olten (SO). The customer expressly declares that he is subject to the jurisdiction agreed here, waiving his ordinary place of residence jurisdiction. The legal relationship is subject to Swiss law.