Gerneral Terms and Conditions (GTC)
tsc Technical Service Consulting, AG, 6403 Küssnacht am Rigi
tsc is a pure service organization, which provides services required by contract. These general terms and conditions apply to all consulting and support services as well as product supplies, as far as no other special written agreements between the Contracting Parties were made. Mandatory for the regulation of the contractual relations is primarily the GTC. For into the GTCB not described conditions Swiss law will be applied.
Starting a contract
The agreed service (consultation, work, goods, quantity, price, delivery date, delivery type, etc.) according to the offer, which defines price lists and the order confirmation from tsc is in principle not-binding. If the client gives tsc an order, the contract will be accepted with the order confirmation from tsc. That for the GTC is accepted by the client. The scope of supply from tsc depends on the offer and/or the order confirmation from tsc including all attachments.
If nothing else is agreed, all prices are net at tsc offices, exclusive shipping, packing and freight charges,plus value added tax, payable within 10 (ten) days in Swiss Francs without any deductions. All other additional costs for the order, especially taxes, fees and other duties are payable by the client. Must tsc add bigger expenses to fulfilment the contract than known at the time of signature (unsatisfactory problem description, difficult provision of information, additional evaluation, etc.) tsc will charge these additional costs to the client. For prices and costs not agreed in written in advance the prices and conditions at the time of supply will be valid and applied by tsc. The retention of payments or the accounting with any counterclaims is not allowed. If the client delays an agreed payment then he owns an interest of 7% per annum since the date of payment plus related administration fees. If the client delayed several payments, it stands tsc free to settle the oldest bill with the incoming payments. tsc remains the owner of the entire supplies upon the complete receipt of the agreed payment. tsc is authorized to give entry of the retention of title in public registers or books and the client is committed itself to supply all required signatures. tsc is authorized to apply an advanced payment for the agreed service contract upon 90% and the right for gradual invoices due to the provided services.
If nothing else agrees, tsc fulfils to the fastest possible date. The period of agreed delivery dates begins, as soon as the contract is final established. The delivery time extends appropriately, if unforeseeable circumstances occur such as epidemic diseases, natural occurrences, mobilization, war, work conflicts, accidents, operational disturbances, illness, procurement bottlenecks or similar. The delivery time extends if the client make amends to the order after the signature, or change general contractual obligations, especially if agreed payments or securities (L/C) are not on time.
Place of delivery for all contractual services is, if nothing else was agreed, the registered business place of tsc. If there is a possible insolvency of the client tsc has the right to charge immediately with the order and to supply the respective goods or services only after complete payment of all delayed payments (even from earlier supplies and services). If due to insolvency danger or other circumstances from the client there is a take over delay tsc can issue the bill after an additional time of 5 days. After passing of the unused additional time by the client, tsc has the right of compensation due to non fulfilment of contract.
Guarantee / Liability
Defects are considered as properly claimed only if warranty claims are informed in writing to tsc immediately after acceptance of the goods or services and a detailed description of the claimed defect is included. tsc is exclusively responsible for damages, for which it is based on a contractual obligation or when the damage was caused due to proven rough negligently or deliberately by tsc. The liability is exclusively for the substitution of the unsatisfactory part of contract. Any additional liability from any reason in particular for indirect damage and subsequent damages are expressly excluded, as far as this is legally permissible. The guarantee and liability claims of the client are finally regulated in these conditions. Contains the order paid or free consultation, examination or investigation, tsc is not liable for the particular correct content. The liability is exclusively limited to the liability insurance for damages to property and person signed by tsc. Financial damages are excluded. No liability will result from tsc for the service of additional independent third parties, with stands in a direct contractual relation to the client.
Provided documents, working helps, check lists, etc. are protected and remain in the copyright of tsc. Without written permission these documents neither can be copied nor made accessible to third parties. The client has to take the necessary measurements in his company to fulfil this regulation. The client is liable to tsc for possible damages caused by disregard of this regulation. For the correctness of the content of delivered documents, working helps, check lists, etc. tsc will accept no liability. The client is obliged before the use or application to check with similar and proven simulations the effectiveness for his company. With the complete payment of the fee the client is entitled to use the results of the contractual work from tsc for the agreed purpose.
The client authorizes tsc expressly, to store and evaluate the received data in connection with the contract, business documents, EDP programs, etc. Concerning all data tsc ensures that within six months after the order delivery, no more conclusions are possible on persons and companies concerning data kept for statistic purposes. The client commits itself to care personal and confidential data and statements of persons and institutions in the context of the legal data security and to ensure these always and in each case. tsc commits itself to protect against third parties all received documents.
Area of jurisdiction / Applicable right
For disputes from the present contract the court at the legal offices from tsc is responsible. The legal relation is according to the Swiss law.
Edition 15th May 2009
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