1. Validity of the conditions
The deliveries, services and offers of BRACK.CH AG shall be made exclusively based on these terms and conditions, even if they are not expressly agreed upon again. By ordering the goods or services, these terms and conditions shall be deemed accepted. General terms and conditions of purchase of the buyer are hereby contradicted. Deviations from these terms and conditions are only valid if we confirm them in writing.
2. Offer and conclusion of contract
The offers from BRACK.CH AG in price lists and advertisements are free and non-binding. Orders from BRACK.CH AG are binding only after written confirmation. Order confirmations are only made upon explicit request. The information in our sales documents (drawings, illustrations, dimensions, weights and other services) are to be understood only as approximate values and represent no assurance of characteristics, unless they are expressly stated in writing as binding. If a buyer exceeds their credit limit by placing an order, we are released from our delivery obligation.
By selecting the order type "order by subscription", the customer enters a subscription, which is automatically extended until cancelled. The subscription can be paused or terminated at any time via the "your account" area in the online shop or by sending an e-mail to firstname.lastname@example.org.
The definitive prices are those quoted in our order confirmation These are fixed for goods in stock at the time of the order being placed. If there is a shortage of supply or procurements, the current price on the day of the order being placed is valid. Unless otherwise agreed, the prices include statutory VAT and shipping.
4. Time of delivery and service
Dates and delivery periods are non-binding, unless otherwise expressly agreed in writing. The indication of specific delivery times and dates by BRACK.CH AG is subject to the proper and timely delivery to BRACK.CH AG by suppliers and manufacturers.
5. Default of acceptance
If the purchaser refuses to accept a deliverable or declares that they are unwilling to purchase a deliverable after expiry of an additional period of time allotted to the purchaser for performance of the contract, BRACK.CH AG can refuse to fulfil the contract and can claim compensation for damages due to non-performance. BRACK.CH AG is entitled to claim, at its discretion, either a lump sum payment of 25% of the agreed purchase price or compensation for the damages incurred on account of the purchaser.
Visible quantity discrepancies must be reported to BRACK.CH AG and the shipping company in writing immediately on receipt of the goods, or within 4 days of receipt of the goods in the case of quantity discrepancies detected subsequently. Complaints regarding damage, delay, loss or poor packaging are to be reported immediately upon receipt of the goods dispatched.
7. Transfer of risk
Risk shall be transferred to the purchaser as soon as the delivery is handed over to the person performing shipment. If the delivery is delayed or is not possible due to no fault of our own, the risk shall be transferred to the purchaser when the delivery is reported ready for dispatch. Any special agreements by which BRACK.CH AG takes on shipping costs shall not have any effect on the transfer of risk.
The warranty is subject to the following provisions for 2 years, unless expressly agreed otherwise in writing. The warranty period begins with the delivery date. If our operating or maintenance instructions are not followed, changes are made, parts are replaced or consumables are used which do not correspond to the original specifications, any warranty is void if the defect results from this. This also applies if the defect is attributable to improper use, storage and handling of the devices, or unauthorised interference and opening of devices. Minor deviations from guaranteed properties shall not give rise to warranty claims. Liability for normal wear and tear, as well as consumables / accessories / enclosed batteries / rechargeable batteries is excluded. Any warranty claims against BRACK.CH AG fall exclusively to the immediate purchaser and are non- transferable.
For returns, we request that the defective part be sent back to BRACK.CH AG for repair, along with a copy of the invoice that was delivered with the device. A return of products by the customer requires the prior consent of BRACK.CH AG and is carried out at the cost and risk of the customer. The return of the products must be packed in original packaging and accompanied by a detailed error / defect description as well as a return number. Products we collect on customer request and open software are excluded from the return. The replacement of parts, assemblies or entire devices does not imply any new warranty periods. The warranty is limited exclusively to the repair or replacement of the damaged delivery items. When returning devices to be repaired, the buyer must take precautions to ensure that all accompanying data is backed up, as it may be lost during the repair process.
10. Reservation of Proprietary Rights
The goods delivered remain the property of BRACK.CH AG until payment is complete.
The invoices are after agreement payable on delivery, cash or within 10 days, unless agreed otherwise. The cost of delivery is to be borne by purchaser, whether by parcel service, freight forwarder, or the purchaser's own vehicle, unless otherwise explicitly agreed upon. Payment shall not be considered complete until we are in possession of the full sum. Cheques are accepted only as conditional payment and are only valid as payment after they have been cashed. If the purchaser goes into default, then we shall be entitled to charge 5% interest starting from that time. During the period of default, BRACK.CH AG is entitled, at any time, to withdraw from the contract, to request return delivery of the goods provided and to claim compensation for damages due to dissolution of the contract. All payments for claims shall be due immediately if the buyer goes into default of payment, culpably fails to meet other contractual obligations or if we become aware of any circumstances which call the buyer's credit-worthiness into question, in particular, cessation of payment or impending bankruptcy or insolvency proceedings. In these cases, we are entitled to withhold any outstanding deliveries or perform them only against advance payment or securities.
12. Limitation of liability
Neither our company nor our performing and/or vicarious agents can be held liable for claims for compensation for damages due to inability to perform, breach of contract, default on completion of the contract or unlawful acts, except in cases of intentional misconduct or gross negligence. Any liability is rejected for any consequential damages from the use of the products.
13. Copyright / Software warranty
If software is part of the scope of delivery, the buyer may resell it one time only or keep it for their own use; They may not copy the software or allow others to use it. Software is excluded from all warranty conditions on forms. The provisions of the license agreement of the manufacturer apply exclusively.
14. Data protection
BRACK.CH AG is entitled to process purchaser data pertaining to or acquired in connection with business relations in the manner detailed in the Data Protection Act, regardless of whether the data originates from the purchaser itself or from third parties. Personal customer data shall be handled with confidentiality and shall not be disclosed to third parties.
15. Place of jurisdiction
The exclusive place of jurisdiction for all disputes arising either directly or indirectly from the contractual relationship shall be Mägenwil. The legal relationship is subject to Swiss law.
The general terms and conditions of BRACK.CH apply