General Terms and Conditions (AGB)
1. Scope of application
The following General Terms and Conditions of Business (hereinafter referred to as “GTC”) apply to all orders for products ordered from LEDCity AG. The version published on www.ledcity.ch at the time of the order is valid. Offers on www.ledcity.ch are directed exclusively to persons and companies with residence or seat in Switzerland or in the EU area. Orders from outside the EU are also accepted by arrangement. The contractual partner of the customer is LEDCity AG, Technoparkstrasse 1, 8005 Zurich. The general terms and conditions are deemed to have been accepted when the order is completed. Deviations from the provisions set out here are only valid if they are confirmed in writing by LEDCity AG.
All prices are quoted in Swiss francs. Prices are exclusive of the statutory value added tax. If the goods are shipped abroad, any customs costs and import taxes must be borne by the customer. The prices on www.ledcity.ch are not binding. The price which is shown on the order confirmation is decisive. Errors, printing and technical mistakes remain reserved.
3. Transfer of risk
The risk is transferred to the customer as soon as the consignment is handed over to the transporting postal service/party.
4. Inspection and acceptance
The customer must check the goods immediately after receipt of the order. Obvious defects must be reported in writing within 3 calendar days of receipt. Hidden defects must be reported in writing immediately after discovery. If no report is made, the goods are deemed to be approved.
5. Invoicing & terms of payment
If the ordered goods are in stock at LEDCity AG, they will be dispatched after receipt of payment. By arrangement, shipment can also be made on account. In this case, the invoice must be settled within 10 days of receipt of the goods. Deductions such as cash discount or similar are not granted. If an order is granted on account, 30% of the gross sales value must be paid in advance for orders of CHF 10,000 or more. The remaining 70 % of the gross sales price must be paid within 10 days of receipt of the goods.
6. Hardware, software and firmware warranty
The installed hardware may not be removed and/or otherwise used or installed without the consent of LEDCity AG. The firmware and software used in the LED illuminants may under no circumstances be read out, reproduced, reused or passed on. It may only be used in connection with LEDCity AG illuminants.
7. Liability & warranty
Calculations of energy and cost savings shown on www.ledcity.ch as well as information on the data sheets, in particular the nominal service life, are only given as a guide. In no case do they represent warranties of properties. Insignificant deviations from warranted properties of the goods do not trigger any warranty rights. An energy and cost account can be drawn up after consultation. They may vary in individual cases and must be drawn up according to customer specifications. The warranty in accordance with the following provisions shall be 2 years, unless otherwise agreed in writing
agreement was reached. The warranty does not apply in case of improper use. The relevant regulations are given in the data sheet and the installation instructions. LEDCity AG reserves the right to repair or replace defective goods. The costs of repairs not carried out by LEDCity AG cannot be charged to LEDCity AG. Liability for any indirect damage and consequential damage caused by defects is completely excluded. Liability for direct damages is limited to the sum of the products or services purchased by the customer. This limitation of liability does not apply to direct damages caused by gross negligence or intent.
8. Severability clause
Should individual provisions of these General Terms and Conditions of Business be wholly or partially void and/or ineffective, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by such a provision which comes closest to the economic purpose of the invalid and/or ineffective provision in a legally effective manner. The same shall apply in the event of any loopholes in the provision.
9. Transfer of rights and obligations to contractual outsiders
LEDCity AG reserves the right to transfer some or all of its rights and obligations under this agreement to a third party or to have them exercised by a third party.
10. APPLICABLE LAW AND JURISDICTION
This agreement is subject to Swiss law, excluding UN and EU sales law. Exclusive area of jurisdiction for all disputes between a customer and LEDCity, developing from this agreement, is Zurich (ZH)/Switzerland.
Zurich, 1 February 2020