Terms of service

 

General Terms and Conditions

of DIMAG Bettwarenfabrik AG
Merkurstrasse 11
CH-6020 Emmenbrücke

1. Scope and Applicability
a) These General Terms and Conditions (hereinafter referred to as the "GTC"), together with an individual agreement (hereinafter referred to as the "Contract"), govern the conclusion, content and performance of orders (hereinafter referred to as the "Services") by [Company Name] (hereinafter referred to as the "Contractor") for customers (hereinafter referred to as the "Client").
b) If the Contract and the GTC contain provisions that differ from one another, the provisions of the Contract shall generally take precedence over those of the GTC. However, if the provisions of the Contract are unclear or incomplete, the provisions of the GTC shall apply.
b) The GTC shall be deemed accepted upon acceptance of the quotation by the Client.
c) The applicability of any general terms and conditions of the Client is hereby excluded.
d) For reasons of better readability, the simultaneous use of masculine and feminine forms is dispensed with. All personal designations apply equally to all genders.

2. Conclusion of the Contract
a) The Contractor's quotation shall be provided free of charge unless otherwise agreed.
b) The quotation shall be binding for the period specified by the Contractor. If the Contractor does not specify a period, the Contractor shall be bound by the quotation for 30 days from the date of the quotation.
c) The contract between the Contractor and the Client (hereinafter referred to as the "Contract") shall be concluded upon written confirmation of the quotation by the Client.

3. Client's Obligations to Cooperate
a) The Client shall provide the Contractor with all assistance required or reasonably necessary for the performance of the contractually agreed Services, regardless of whether such assistance is specifically detailed in the Contract.
b) If the Contractor is required to perform its Services at the Client's premises, the Client shall provide suitable premises to the Contractor in good time.
c) The Client shall continuously review the work results and interim results delivered to it during the performance of the Contract. The Client shall carry out such review as quickly as possible in the ordinary course of business, but no later than 5 days after delivery. Any objections and defects shall be reported by the Client to the Contractor immediately in writing.

4. Remuneration
a) The type of remuneration for the Services shall be governed by the Contract. If the parties have agreed on remuneration based on time spent, the Contractor shall invoice the Client monthly.
b) The Contractor's remuneration shall become due within 30 days of the date of invoicing by the Contractor.

5. Confidentiality
The parties are obliged to treat as confidential all information that they have obtained or will obtain from the other party in connection with this agreement. The confidentiality obligation shall apply from the quotation stage and shall continue to apply after termination of the Contract.

6. Ownership, Proprietary and Intellectual Property Rights
a) All rights to the results of the Services, in particular ownership rights, proprietary rights and intellectual property rights (including, but not limited to, inventions, know-how, copyrights and other intangible or industrial property rights, irrespective of whether they are registered or not), including the right to apply for intellectual property protection as well as the right to modify and transfer intellectual property rights to third parties, shall pass to the Client without additional cost.
b) Advertising and publications concerning the Services provided to the Client require the Client's consent.
c) The Client shall reimburse the Contractor for any additional costs arising from modifications.

7. Default and Set-Off
a) The Client is responsible for ensuring timely payment of the remuneration within the applicable payment period. In the event of late payment, the Client shall owe default interest of 5% as well as a reminder fee of CHF 50.00 per reminder. If the Contractor has doubts regarding compliance with the agreed payment terms or if the collection of receivables becomes more difficult, the Contractor may also require advance payment or security.
b) If the Contractor is in default with regard to an agreed deadline, the Client shall grant the Contractor a reasonable grace period.
c) Set-off against claims against the Contractor is only permitted with the Client's express written consent.

8. Liability
a) The Client undertakes towards the customer to perform the Services carefully in accordance with this Contract and the General Terms and Conditions.
b) The Contractor shall be liable in cases of intent or gross negligence in accordance with the statutory provisions. Claims for damages arising from impossibility of performance, breach of contract, fault in concluding the Contract and tort against the Contractor or third-party companies engaged by the Contractor are excluded unless intentional or grossly negligent conduct is involved. Liability for indirect damages and consequential damages is excluded.

9. Contract Term and Termination
a) The Contract is concluded for an indefinite period.
b) Each party has the right to terminate the Contract ordinarily by giving 30 days' notice to the end of a month. The right to extraordinary termination for good cause remains reserved. Termination must in all cases be made in writing.

10. Amendments
a) The Contractor reserves the right to adjust its Services and the prices of its Services at any time. The Client shall be informed of the changes in an appropriate manner. If the Contractor increases prices in a manner that results in a higher overall financial burden for the Client, or if the Contractor materially changes a Service used by the Client to the Client's disadvantage, the Client may terminate the affected Service early, without financial consequences, with effect from the date on which the change enters into force. If the Client does not do so, the Client shall be deemed to have accepted the changes. Price adjustments resulting from changes in statutory rates or charges (e.g. an increase in VAT) shall not be considered price increases and shall not entitle the Client to terminate the Contract.
b) The total or partial invalidity of individual provisions of these GTC shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a legally permissible provision that is economically equivalent and corresponds as closely as possible to the meaning and purpose of the invalid provision.

11. Applicable Law
The Contract shall be governed by Swiss law, to the exclusion of the conflict-of-law provisions of Swiss private international law.

12. Place of Jurisdiction
The courts at the registered office of the Contractor shall have jurisdiction over any disputes arising from this Contract.