General Terms and Conditions (GTC)
1. Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") govern the legal relationship between ATECS AG (hereinafter "we" or "the company") and our customers and suppliers (hereinafter "you") for all contracts and business relationships.
1.2 Deviating terms and conditions of the customer shall only apply if we have expressly agreed to them in writing.
2. Subject matter of the contract
2.1 We operate a company in Switzerland with an international focus and offer products (hardware, software) and services in the field of information technology.
3. Conclusion of contract
3.1 The presentation of our products/services on our website does not constitute a legally binding offer, but a non-binding invitation to place an order.
3.2 The contract is only concluded by our written order confirmation or by the delivery of the ordered products.
4. Prices and terms of payment (customers)
4.1 Unless otherwise agreed, our prices are quoted in Swiss francs (CHF) plus statutory VAT and, where applicable, shipping costs.
4.2 Payment shall be made net immediately upon invoicing, unless otherwise agreed. Goods shall remain our property until the outstanding invoices have been paid in full (extended reservation of title).
5. Delivery and acceptance, invoicing (suppliers)
5.1 Delivery shall be at the supplier's risk. The risk of accidental loss and deterioration of the goods shall not pass to us until acceptance has taken place, which must be documented in writing and signed by one of our authorized signatories. Delivered goods must be free of any rights of third parties and the supplier must have procured actual possession for us.
5.2 An invoice to us can only be issued after cumulative fulfillment of all conditions mentioned in 5.1.
6. Warranty and liability towards customers
6.1 The statutory warranty rights shall apply.
6.2 Any liability of the company for damages arising out of or in connection with the use of our products/services is excluded to the extent permitted by law.
7. Right of set-off
7.1 It is possible and permissible for us to offset any claims against possible claims of customers or suppliers. A set-off of claims of customers and suppliers against us is only permissible if the counterclaim of the customer (or supplier) is undisputed or has been legally established.
7.2 The customer (or supplier) may only exercise a right of retention if his counterclaim is based on the same contractual relationship.
8. Data protection
8.1 We observe the provisions of data protection law and use your data only in accordance with the statutory provisions.
8.2 Further information on data protection can be found in our privacy policy.
9. Final provisions
9.1 Swiss law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
9.2 The place of jurisdiction for all disputes arising from and in connection with this contract is Zug, Canton of Zug, Switzerland.