In these Conditions ‘the Company’ means productiveNetwork Ltd, ‘the Buyer’ means any company, firm or individual or their representative to whom the offer or confirmation from the Company is made. ‘The Goods’ means the products (including any parts or accessories), materials and/or services to be supplied by the Company. Persons accessing information on productiveNetwork GmbH’s website (hereinafter referred to as the ‘Website’) agree to be bound by the following terms and conditions. All special agreements regarding individual services or products of productiveNetwork GmbH (hereinafter “productiveNetwork”) are subject to these conditions. In the event of any ambiguity arising from the translation of this document, the German version shall always prevail.
The entire content (design, text, graphics, etc.) of the LiFiMAX website is protected by copyright. The individual elements of the website are the property of productiveNetwork or have been used with the express permission of the owner. Saving or printing individual pages and / or sections of the website is only permitted with full reference to the source. With saving or otherwise copying software or other data on the website, the use is considered accepted. All property rights remain with productiveNetwork or the indicated rights holder. The (complete or partial) reproduction, transmission (electronically or by other means), modification, linking or use of the website is only permitted with the express written consent of productiveNetwork.
Certain links on the website lead to websites of third parties. These are completely beyond the control of productiveNetwork, which is why productiveNetwork assumes no responsibility whatsoever for the accuracy, completeness and legality of the content of such websites or for any offers and services. The information published on the Website is provided by productiveNetwork for personal use and informational purposes only and is subject to change without notice. productiveNetwork makes no representation (express or implied) that the information published on the Website is accurate, complete or up to date.
Quotations are made without obligation and no contract shall be formed between the Company and the Buyer unless and until the Company has confirmed in writing the Buyer’s order, whether placed on the Company’s quotation or otherwise.
Buyer shall not rely or attempt to rely on any oral representations, warranties or covenants made by any employee or agent of the Company, except written representations, warranties or covenants made on behalf of the Company.
The prices contained in an estimate or similar are those in effect at the time of the estimate and are for guidance only. The contract price shall be the price in effect and agreed upon at the time of the order placed by the Buyer with the Company. Unless otherwise stated, the prices do not include VAT, which will be charged at the rate applicable at the time of shipment and/or provision of the Services.
Unless otherwise stated, prices do not include delivery of the goods supplied. Any damage, defects or shortages must be reported to the Company in writing within 24 hours of receipt. If the package is detained by authorities such as customs, even though all necessary documents for customs clearance have been received, the Company cannot provide a free replacement.
The buyer is responsible for insuring the shipment, therefore the company does not cover items lost in transit. Agreements to the contrary, explicitly according to Incoterms DAP and DDP, are valid only in writing.
Unless expressly agreed in writing, payment shall be made within 30 days of the date of invoice for the Goods without any deduction or delay on account of any dispute or counterclaim of any kind. Time for payment is of the essence and in the event of late payment or delay in payment of more than 7 days, the Company shall be entitled to suspend deliveries and/or treat the Contract as repudiated and/or resell the Goods in its possession and be indemnified by the Buyer for all losses thereby incurred.
Until payment in full of the price of the Goods and all other amounts which are or may be outstanding from Buyer to Company, title to the Goods shall not pass to Buyer, and Buyer shall hold the Goods as bailee for Company (and shall return them to Company upon request). Buyer shall be free to sell the Goods in the ordinary course of business in Buyer’s name and as principal and not as agent for Company, notwithstanding that title to the Goods has not then passed to Buyer, but the benefit of any such contract of sale and the proceeds of any such sale shall belong absolutely to Company. The Buyer shall keep the Goods separate and, in such manner, and store them securely that they can be readily identified as the property of the Company.
Company warrants that the goods, parts or materials manufactured by it shall be of good material and workmanship and that reasonable care shall be exercised in the assembly or installation of articles not manufactured by it and in the performance of services, so that upon written notice from Buyer to Company that goods have not been furnished or services rendered as aforesaid, if so found and provided that Buyer has not tampered with the goods, Company will, at its own expense or discretion, replace or repair such defective goods or correct such defects in service.
The same period shall apply mutatis mutandis to such replacement or repaired goods or remedial services. The above warranty shall apply to matters where Buyer gives written notice within 30 days after delivery or performance or after replacement or repair of goods or provision of remedial services, after which any claims with respect to such goods or remedial services are absolutely excluded. In the event of extended warranty periods, the written notice period shall be extended accordingly.
Such replacement or repaired goods or remedial services shall be the absolute limit of Company’s liability, and Company shall not be liable under any circumstances for consequential damages of any kind suffered by Buyer or any third party, except to the extent related to bodily injury or death, and only if caused by Company’s negligence. Subject to the foregoing, the Company shall have no liability whatsoever in respect of any goods or services or any replacement or warranty which might otherwise be implied or incorporated by contract by statute or common law and is therefore excluded.
Except as otherwise provided in writing, any written notice or communication under the Contract shall be given by the mailing of ordinary prepaid first-class mail in the case of Company to its current address in the case of Buyer to its last known address, and if so, such notice or communication shall be deemed to have been given or made two days after the date of posting.
The Contract shall be governed by Swiss law and the Buyer submits to the non-exclusive jurisdiction of the Swiss courts. If any of these Terms or any part thereof are invalid or unenforceable by any legislation to which they are subject or by any rule of law, they shall be valid or unenforceable to that extent and no further. This will not affect your statutory rights.
productiveNetwork GmbH
Seidenweg 5
8400 Winterthur
Switzerland
UID: CHE-300.962.260
