The following terms and conditions apply to all orders placed by Connect Com SA. Any vendor conditions that contradict or differ from these terms and conditions shall apply only of Connect Com SA has expressly agreed to the same in writing. Any and all agreements and declarations made by the parties are only valid if made in writing. If any provision of these terms and conditions is wholly or partially invalid, the parties will replace it with a newly agreed provision that comes closest to their legal and business intent.
2. Ordering and order confirmations
The vendor shall accept orders with order confirmation issued without delay. If no confirmation is received or the vendor fails to reject the order either in whole or in part in writing within 5 days of the order date, Connect Com SA will assume that the vendor has accepted the order unconditionally and without any changes. By confirming the order, the vendor declares that it has all of the necessary information and documentation to fulfill the contract.
3. Prices and payment terms
The prices listed in the order are fixed. They include reimbursement for all associated expenses. Each delivery is to be invoiced immediately upon shipping. Payment is usually made within 30 days after receipt of the invoice. If the delivery is defective in any way, payment shall only be made within 30 days after the proper corrective action or replacement is provided.
4. Delivery deadlines and consequences of default
The delivery dates stated in the order are binding. Failure to comply with the delivery deadlines shall constitute default without further notice. In the case of such a default, Connect Com SA is entitled to insist that the contract be fulfilled or to withdraw from the contract if subsequent delivery remains outstanding after the expiration of a reasonable grace period. The right to assert claims for damages remains reserved in any case. Connect Com SA does not accept partial deliveries unless agreed in advance.
5. Transport, insurance and packaging
The vendor shall be fully responsible for the proper packaging and cover all transport and insurance costs for the delivery.
6. Place of performance, benefit and risk, and transfer of ownership
All deliveries shall be made to Rothusstrasse 22, 6331 Hünenberg, Switzerland.
7. Warranty and corrective action
By accepting the order, the vendor warrants that it is in a position to make the delivery and/or provide the service properly and on time. The delivery or service to be supplied includes everything that is reasonably necessary to fulfill the terms of the contract. The warranty period shall last for 24 months and begins with delivery of the order to Connect Com SA. Connect Com SA is entitled to give notice of any defects it identifies for the duration of the warranty period. From this point, the limitation period is suspended until the defects have been fully and finally remediated. Payments made by Connect Com SA do not constitute a waiver of its right to make complaints. The vendor agrees to remediate immediately and free of charge (including transportation costs and travel expenses) any defects identified by Connect Com SA during the warranty period. The vendor will also reimburse any additional costs incurred as a result of the same by Connect Com SA. If the vendor fails to meet its warranty obligations in whole or in part, Connect Com SA is entitled at its sole discretion either to insist on a delivery free of defects, a reduction in the order price, or redhibition. The vendor is liable for any damages resulting from the same.
8. Plans, (technical) documentation, and intellectual property
The order documents supplied by Connect Com SA such as prototypes, tools, software, plans, drawings, calculations, etc., are binding. The vendor shall immediately review the information supplied by Connect Com AG and reports any errors and ambiguities promptly. All rights to the order documents remain with Connect Com SA. Connect Com SA does not intend to give any license to these rights either to the vendor or any third party under this agreement. The vendor warrants that it will not violate any third-party rights in the course of fulfilling this contract. If this is not the case, the vendor agrees to hold Connect Com SA harmless from any resulting third-party claims and to assume the defense against the same at its own expense. Connect Com SA is further entitled to withdraw from the contract without notice and to claim damages. The vendor is not entitled to assert any rights if Connect Com SA asserts this right of withdrawal.
9. Security and country-specific regulations
The vendor warrants that the delivery shall correspond to the current state of technology, all applicable safety regulations and technical standards, and/or the applicable provisions of the destination country, if known. The vendor shall issue the required certificates indicating compliance with said standards and country of origin. The vendor is liable for any damages incurred by Connect Com SA as a result of non-compliance with these regulations and standards.
The vendor agrees to use the order documents provided by Connect Com SA solely to fulfill the purpose of this contract and to treat the same as confidential. Any other use requires the prior written consent of Connect Com SA.
11. Assignment and subcontracting
The vendor may not assign any claims arising from this contract to third parties. The subcontracting of services agreed herein requires the prior written consent of Connect Com SA. The vendor assumes liability for its subcontractor's actions as if they were its own.
12. Obligation to report detected problems
If any problems are expected or identified during production processes or tests, the vendor shall report these immediately and propose solutions to the same.
Any reference to the business relationship with Connect Com SA for advertising purposes requires the prior written consent of Connect Com SA.
14. Amendments to and cancellation of the contract
Connect Com SA is entitled to amend and supplement its order at any time. The vendor shall notify Connect Com SA of any resulting cost increases or decreases immediately. The terms of the original order shall remain equally applicable. Any changes to the delivery and services to be supplied by vendor require the advance written consent of Connect Com SA. Connect Com SA may withdraw from the contract at any time in whole or in part. The vendor will then be entitled to compensation for any services already rendered as well as preparatory work such as may not be reversible or used otherwise. The vendor agrees to keep such costs as low as possible. All other claims are excluded.
15. Corporate responsibility
The vendor shall follow and document compliance with Connect Com SA corporate responsibility terms at all times. The detailed terms and conditions are available online at www.ccm.ch or can be requested by email from email@example.com.
16. Place of jurisdiction and applicable law
The exclusive place of jurisdiction is 6331 Hünenberg, Switzerland. Connect Com SA is also entitled to seek legal remedy at the vendor's place of jurisdiction. The legal relationship is subject to Swiss law. The provisions of the "Vienna Sales Convention" (CISG) are expressly excluded.
Connect Com SA, Last updated November 2015