Terms and conditions

Convenience translation. Not binding. The binding wording is the German version. In the event of any discrepancy or dispute, the German text governs. This translation exists so English-speaking readers can follow the terms; it is not a legal review and has not been approved as a contract text.

1. Scope

These General Terms and Conditions apply to all services rendered by Identech AG for customers.

2. Orders, dates and place of performance

2.1. Identech AG commencing work presupposes a written order confirmation or purchase order from the customer.

2.2. Identech AG endeavours to meet confirmed delivery periods and dates. Delays for which Identech is responsible lead to the customer setting a grace period. The grace period is to be measured in relation to the work still outstanding. If Identech AG remains in default after expiry of the grace period for reasons for which it is itself responsible, the customer may, to the exclusion of any further claims, withdraw from the contract by written declaration. Services already rendered are to be remunerated in accordance with the agreed rates and conditions.

2.3. Unless otherwise agreed, the domicile of Identech AG is deemed to be the place of performance.

3. Changes to orders

3.1. Changes to an order, whether by the client or by Identech AG, must be documented in writing. Changes to an order generally result in changes to prices and dates. Any price increases and the new dates are communicated to the client without delay. Changes made by the customer may render work already performed unusable. In that case the work already performed is invoiced separately.

4. Acceptance

4.1. Where acceptance is required, the client must, on its own initiative and no later than 10 working days after delivery or performance, propose a date for joint acceptance. That date must take place within a further 10 working days.

4.2. At the acceptance the client must perform the acts of cooperation incumbent upon it.

4.3. If the acceptance date is not notified, or if the client does not cooperate appropriately in the acceptance, the delivery or service is nevertheless deemed to have been accepted and approved by the client.

5. Prices and terms of payment

5.1. Unless stated otherwise, our quotations are valid for 30 days from the date shown on the quotation.

5.2. Prices for products and services are as set out in the product description or service tariff of Identech AG, but exclude packaging, transport and the value added tax prescribed by law.

5.3. On placement of the order, an advance payment of 50% falls due.

5.4. Advance payments are due strictly net 10 days after the invoice date. Total invoices are due strictly net 30 days after the invoice date. In the event of default, default interest of 5% is owed from the due date. Unjustified deductions will be reclaimed.

5.5. Additional services (consulting, special acceptance testing and adaptation work) are rendered by Identech AG as far as possible and available at the rates applicable at the time.

6. Early termination of contract

6.1. With the order and the order confirmation, Identech AG undertakes to render the services and the customer undertakes to accept and pay for them.

6.2. If the customer cancels an order, services already rendered as well as commitments already entered into towards sub-suppliers and subcontractors become due immediately

6.3. In addition, the customer is obliged to pay Identech AG 10% of the agreed price as compensation for expenses incurred, subject to any further claims.

7. Liability

7.1. Identech AG excludes any liability going beyond the statutory entitlement for damage arising from the non-performance of the customer’s contractual obligations, as well as for consequential damage such as lost profit or claims by third parties against the customer.

7.2. If Identech AG is nevertheless sued in court in connection with the order, the client is obliged to join the proceedings following third-party notice. The client is in any event obliged to bear all judicial and extrajudicial costs arising in connection with claims by third parties.

7.3. Identech AG accepts no liability for transmission and translation errors, or for errors arising from communications not confirmed in writing.

8. Warranty

8.1. The warranty period is 12 months from the date of delivery or performance.

8.2. Warranty for normal wear and tear is excluded. Furthermore, it does not extend to damage arising as a result of faulty or negligent handling or excessive strain.

9. Ownership, intellectual property rights and terms of use

9.1. Title to delivered products and services remains with Identech AG until payment in full.

9.2. Intellectual property (in particular copyright, trademarks, trade secrets) in software and hardware products, designs and graphics of every kind, and in all documents and documentation handed over to the customer, remains in every case with Identech AG or with the respective creator.

9.3. Save where expressly agreed otherwise, the customer acquires only the personal, non-exclusive and non-transferable right to use such licensed material in its most recent valid, unmodified form on the systems installed at its premises for its own needs.

9.4. Even after acquiring a product or service, the customer remains obliged to observe any special provisions of Identech AG.

9.5. A breach of such terms of use entitles Identech AG, after a period set in a written warning has expired unused, to revoke the licence granted and to take back the product.

9.6. For each instance of unauthorised use or passing on of licensed material, the customer owes, subject to compensation for any further damage, the amount of three times the one-off licence fee for the licensed material concerned.

10. Place of jurisdiction

The exclusive place of jurisdiction is Winterthur.