General Conditions of Sale and Supply (GCSS-ILAC-010603)

  1. General

1.1   The following General Commercial Terms and Conditions apply exclusively for all business transactions with INOVIS Live Automation s.r.o. They are also binding for all current and future business transactions with INOVIS Live Automation s.r.o. without specific reference. Any amendments must be made in writing.

 

  1. Quotations and prices

2.1   Unless specifically mentioned, quotations are subject to change due to the delivery capabilities of our suppliers.  Should a manufacturer/supplier of INOVIS s.r.o. reserve the right to reject the order based on the enquiry, the quotation becomes invalid.

2.2   As long as nothing to the contrary has been agreed, prices are understood to be net plus VAT, transport and packing costs. Quotations that are not clearly identified as being firm, shall be regarded as unbinding price offers in the sense of Art. 374 of the Swiss Code of Obligations.

2.3   All quotations are valid for 30 days, as long as no alternative arrangement has been agreed.
If the order for an agreed service/product is placed after longer than a month after the date of the quotation, INOVIS s.r.o. can increase prices accordingly, if the relevant supplier prices have been increased.

 

  1. Delivery date

3.1   INOVIS s.r.o. will select the means of transportation and the mode of despatch. If the buyer requires alternative arrangements, any additional costs will be for his account.
3.2   The delivery date specified on the order acknowledgement is the despatch date from Bubikon, the headquarters of INOVIS s.r.o. INOVIS s.r.o. rejects any responsibility if delivery dates are exceeded as a result of delays caused by the transport company. The delivery date will be extended should unavoidable circumstances arise that can be traced back to a force majeure, such as war, epidemics, storms, etc., but also customs inspections, etc.

 

  1. Consignments from abroad (weekly)

The specification of a despatch date for goods arriving from abroad is based on the assumption that the delivery will arrive at the premises of INOVIS s.r.o. in the middle of the respective week. No liability can be accepted for such influences as overbookings, erroneous bookings, strikes, technical faults with means of transportation, as well as accidents, etc. caused or suffered by (air and sea) freight companies. 

 

  1. Despatch

All deliveries are made for the account of and at the risk of the customer. Complaints relating to damage, delays or loss must be submitted to INOVIS s.r.o. by the recipient within 8 days of receipt of the consignment, complaints about any poor packaging on the day of receipt of the goods. 

 

  1. Direct deliveries

In the case of direct delivery and billing by the supplier of INOVIS s.r.o., the terms and conditions of sale of the relevant supplier shall apply. In this case, these conditions of sale and supply have no validity. In the event of direct deliveries, claims for compensation or other types of demand cannot be asserted against INOVIS s.r.o.

 

  1. Terms of payment/credit limits

7.1  As long as nothing to the contrary is agreed on the order acknowledgement, all invoices are payable within 14 days net. For deliveries to new customers and deliveries abroad, prepayment shall apply without express written agreement.
Any unauthorised discounts will be charged subsequently. In the event of late payment, interest on arrears at a rate of 8% will be charged from the expiry of the due payment date. In addition, the customer must bear the cost of reminder fees and any possible further damages caused by delay.

7.2  Claims asserted by the buyer resulting from guarantees or due to any shortcomings, do not release him from the obligation to pay, until a legally binding decision is made. In contrast to the terms of payment mentioned above, INOVIS s.r.o.  reserves the right to supply goods only against security, prepayment or COD. Prepayment shall always apply to new customers. Prepayments will not be subject to interest.

7.3  In the event of delayed payment, subsequent orders can be put on hold. After the due date, interest on arrears of 5% will have to be paid, plus a lump sum payment for reminder fees. INOVIS s.r.o. may take back goods to which retention of title applies. The refusal of goods ordered does not release you from your obligation to pay the purchase price. All reminder and debt collection fees in the event of a delay in acceptance of goods or late payment will be for the account of the buyer.  

 

  1. Retention of title

Goods supplied remain the property of INOVIS s.r.o. until complete payment is received. In the case of amalgamation or processing, INOVIS s.r.o. shall have joint ownership of the new product. In the event of resale of the goods on credit, the retention of title is transferred to the asking price. INOVIS s.r.o. can inform the debtor, who the buyer must nominate, of this at any time. The holder of the goods shall immediately inform INOVIS s.r.o. of measures that could endanger retention of title, and the third party is to be made aware of the retention of title. 

 

  1. Currency clause

All prices are in Swiss francs, unless otherwise indicated in the quotation. As the purchase often takes place at the supplier’s in another currency, the foreign currency is used as a basis for the quotation and converted into Swiss francs. The exchange rate on the date of the quotation shall apply. If the exchange rate when the order is placed varies from that used for the quotation, prices will be recalculated according to the exchange rate on the date the order is placed. The binding exchange rates will be the daily (purchase) rates for foreign currency of the Zürcher Kantonalbank.

 

  1. Returns/guarantee

Claims under guarantee are limited to the conditions of the manufacturer/supplier. If, on acceptance, the delivery proves to be not in accordance with the contract, then INOVIS s.r.o. has the right to rectify the shortcoming or have it rectified by the manufacturer/supplier. Should it not be possible to rectify this shortcoming within a reasonable period of time, a replacement delivery can be demanded. If rectification of the problem or a replacement delivery prove impossible, the client has the right to request a reduction in the purchase price. INOVIS s.r.o. provides a bring-in guarantee against verifiable material and manufacturing faults of 12 months from the confirmed delivery date on industrial computers and complete systems. Excluded from this are software errors and configuration errors relating to software, as well as faults caused by external hardware integrated retrospectively. Also excluded is damage resulting from normal wear and tear, force majeure, disregard of operating instructions or interference with the equipment by the customer or third parties without the prior written approval of INOVIS s.r.o. If a product serial number (sticker/printed) is missing or has been removed by a third party, all claims under guarantee automatically become null and void. 

 

  1. Return of equipment/RMA

Material returns are subject to the bring-in guarantee, which is provided with the General Conditions of Sale and Supply in a separate attachment relating to handling repairs and guarantee claims.
 

  1. Liability for shortages/faults and compensation

Obvious shortages/faults must be indicated by the buyer of the goods immediately, hidden shortages/faults on detection, always in writing, and with a detailed specification of the complaint. INOVIS s.r.o. can accept no liability for technical application faults caused by the buyer which have created damage or faults with the product supplied.

In the case of a justified notification of defects, INOVIS s.r.o. can, after agreement with the buyer:

  • supply replacement goods on the return of the goods under complaint (as long as they are still available on the market)
  • reimburse the purchase price and withdraw from the contract whilst maintaining the purchase contract, reimburse the reduced value of the goods

In any event, any claims by the buyer shall be regarded as null and void if they are not asserted within 30 days. Claims for damages against INOVIS s.r.o. are excluded in all cases, unless they are caused by illegal intentions or gross negligence on the part of INOVIS s.r.o. In this respect, the buyer is obliged to provide proof.

 

  1. Cancellations

Cancellations of orders are only possible with the written approval of INOVIS s.r.o. Costs that have already been incurred or price increases by the manufacturer/supplier are to be borne by the ordering party. Partial deliveries from a blanket order are to be called off within the agreed deadline. If call-off is delayed, INOVIS s.r.o. can instigate appropriate deliveries and invoicing.

 

  1. Legal domicile

The legal domicile/place of jurisdiction is the location of the head office of INOVIS s.r.o. The client expressly declares he is subject to the legal domicile agreed here, whilst relinquishing his ordinary court of jurisdiction. Swiss Law shall apply to the legal relationship.

 

  1. Severability clause

Should a provision in these conditions of sale and supply or a provision in any other agreement prove unworkable, all other provisions or agreements shall remain unaffected by this.
 

 

Bring-in guarantee for dealing with repairs/claims under guarantee

The General Conditions of Sale and Supply of INOVIS Live Automation s.r.o. shall apply.

The guarantee provided by INOVIS Live Automation s.r.o. is a “bring-in” guarantee. This means that in the event of a claim, the device will be returned insured and freight-paid by yourselves to an address specified by INOVIS Live Automation s.r.o. INOVIS Live Automation s.r.o. will bear the costs of insurance and return transport within Switzerland. Unless indicated differently on the invoice, for all items of hardware (new goods) a guarantee of 12 months according to current statutory provisions shall apply. In the case of second-hand goods, the relevant guarantee period agreed shall apply. If nothing specific has been agreed here, we provide a guarantee of 3 months. The guarantee covers the necessary spare parts, labour and return transport. Not included are software and its installation after replacement of a part or device. In the event of improper handling of the device (for example damage resulting from a drop), the guarantee becomes null and void. As batteries and fans are wearing parts, we can offer a maximum guarantee of 6 months on these parts. The supply of spare parts or repairs does not mean the original guarantee period will be extended.

Reductions and changes cannot be enforced during an agreed guarantee extension.

INOVIS Live Automation s.r.o. can only rectify faults up to system interfaces. Faults in connection with peripheral equipment that was not acquired from INOVIS Live Automation s.r.o. are excluded from the guaranteed performance and can only be dealt with against payment. In the event of repairs to equipment outside the guarantee, you will receive a cost estimate in advance for your approval.

In the case of guarantee claims/returns please include wherever possible:
 1. Proof of guarantee, for example a copy of the delivery note or invoice
 2. A comprehensible description of the fault, which should be as detailed as possible. Please note that the system will undergo a general operating test, but it is primarily the specified fault(s) that will be rectified.

If at all possible please send returns in original packaging or at least packaging of equivalent quality. Please take out adequate transit insurance for any returns. INOVIS Live Automation s.r.o. is not liable for replacement due to loss or damage during transportation.
In the case of a fault or damage, please obtain an RMA number, because only in this way can we guarantee a smooth repair procedure. Please visit our website to obtain an RMA number: www.inovis-group.com

You will find the application form here: www.inovis-group.com → Services → Repair application

Where goods are returned to us, but, despite in-depth testing, no faults can be found, as well as in the case of password-protected systems, where you have failed to provide the password, we will have to charge an administration fee. This is currently € 110-. In the event of lack of proof of guarantee, we will be forced to charge an administration fee or to send the goods back to you.

Furthermore, please note:
→ Before sending goods back to us, please obtain an RMA number at: www.inovis-group.com
→ Shipments will only be accepted if they arrive at our premises freight-paid
→ No claims can be made under guarantee if the goods have been damaged due to unsuitable packaging, or for goods where the guarantee seal or serial number have been damaged or removed.

The same applies if the system has been opened incorrectly.
→ INOVIS Live Automation s.r.o. can accept no liability for loss of saved data. In any event, always back up your data before returning equipment to us.

In the event of transport damage, please notify the head office of the transport company responsible within 24 hours (in our case, this is usually UPS on service tel. no. 0800 8826630), because otherwise you will lose any right to claim compensation. Make a note of all agreements, contact persons, dates and times of conversations.