General Terms and Conditions (GTC) of innobit ag in July 2019
These General Terms and Conditions (GTC) govern the legal relationship between innobit ag, hereinafter referred to as innobit, and its customers and partners, hereinafter referred to as the customer. The relevant version is valid at the time of conclusion of the contract. These General Terms and Conditions apply in addition to other contractual agreements concluded, which regulate the nature, scope and duration of the services to be provided by innobit. Regulations that deviate from these GTC must be in writing.
2. Service delivery by innobit
The services are provided by employees of innobit or third parties in a professional manner and carefully, applying the knowledge and skills available to innobit and the usual professional standards. innobit is responsible for careful selection, training, instruction, professional working methods, monitoring and control of the employees it employs. If necessary, third parties may be involved in fulfilling the service. Third parties are obliged to take at least the same care as their own employees, and innobit remains responsible to the customer.
3. Customer’s obituousness
The customer undertakes to provide all necessary information and to create the organisational conditions necessary for the preparation of the service to be provided. If the place of performance is outside Switzerland, the customer must inform innobit in good time of technical requirements as well as the legal, official and other regulations at the place of performance, insofar as they are necessary for the execution and use of the services.
Insofar as services are to be provided on the premises of the customer, the customer is responsible for granting innobit employees access to rooms, systems and computer networks within the agreed framework.
If a formal acceptance of the delivered goods or services has been agreed upon, the customer will carry out this acceptance within three calendar weeks after delivery or end of the service provision and provide innobitwith a binding and final list of defects.
Insofar as innobit does not receive such a list of defects within this period, the delivered goods or service shall be deemed to have been accepted, with the exception of hidden defects.
4. Ownership, software use
Unless otherwise agreed in writing, the problem solutions developed, including programs, source code and documentation, remain the property of innobit. The customer receives the non-exclusive and non-transferable right to use the programs and the associated documentation. All goods, services and rights of use delivered or provided by innobit remain the property of innobituntil full payment has been made.
5. Warranty for hardware and software deliveries
Innobit’s warranty for the delivered products is in all respects in accordance with the warranty specifications of the respective manufacturer or supplier. Innobit’s only obligation is to assign any own warranty claims against the manufacturer/supplier to the customer. Warranty services not covered by the manufacturer/supplier as well as additional costs incurred by the customer will be charged to the customer. In the event of a lack of or a lack of error description, innobit will be used to troubleshoot the error at the expense of the customer.
A further warranty obligation of innobit is completely waived.
The warranty of innobit for services rendered is determined by the statutory provisions. A warranty is not applicable to the extent that the customer is at fault. Defects not covered by the warranty as well as additional costs incurred by the customer