The T&Cs apply to all services and products, which the Prime Computer Corporation (hereinafter referred to as “Prime Computer”) provides its customers.
Deviating regulations are only valid, if Prime Computer and the customer expressly agreed upon such in writing. By filling in and sending off the product order, the customer accepts the present terms.
Prime Computer does not accept special or general contractual terms that contradict the present T&Cs. Thus such contractual terms do not apply to the relationship between Prime Computer and the customer. Individual agreements override the present T&Cs.
2 Conclusion of Contract
The contract between the customer and Prime Computer takes effect when an oral agreement is met or informally when the products are delivered. The contents and scope of the service arise from the present T&Cs or from individual agreements, respectively. Unless for a limited time only, offers are non-binding until the conclusion of the contract, especially with regards to pricing, delivery commitment, delivery quantity, and delivery times.
All prices are in Swiss Francs. They are determined by Prime Computer’s valid catalog prices on the day of delivery.
Prime Computer’s legal domicile is the place of order fulfillment. The risk of conveyance is transferred to the customer when the merchandise is handed over to the post office, parcel service, or shipping company. At the latest, the buyer bears the transportation risk when the merchandise leaves the company building. The vendor bears the expense of postage and packing.
5 Delivery Dates
Particular delivery dates are not binding. Specified delivery times serve solely as a guide. The customer is obligated to accept the delivered merchandise.
Prime Computer is exempt from its delivery obligation if it cannot comply due to interruption of operations, shortage of labor, strikes, failed shipments, fire damage, armed conflict, government orders, substantial changes in exchange rates, or superior force.
The buyer can only make damage claims pertaining to late or delayed deliveries, if Prime Computer acted intentionally or grossly negligently. If Prime Computer is liable for compensation, the amount of compensation is limited to the net invoice value. Lost profits, consequential damage, and damage to third parties will not be reimbursed.
Unless otherwise agreed upon in writing, the invoice total is due in net cash within 10 days of the billing date, free of charge and postage paid. The buyer is not entitled to offset payment on account of possible counterclaims.
After the 10-day period, the buyer defaults. Unless further rights are declared, Prime Computer charges interest on late payments to the buyer’s account. The interest amounts to 5% of the purchasing price. The buyer defaults when the 10-day period is exceeded, a dunning letter is not required.
Prime Computer warrants that the sales products are handed over free of material defects and defects of title. Any defects must be reprimanded immediately, but at the latest within 14 days in writing or via support form. Prime Computer does not accept liability for any damage caused after delivery by non-observance of the manual or maintenance instructions. The burden of proof that the goods were defective at the time of their delivery is incumbent upon the buyer. If the buyer makes justified warranty claims, Prime Computer can choose to either rectify or, as the case may be, repair the defect, refund the purchase price, or provide a replacement. Further claims arising from defective delivery, especially damage claims including loss of profit and other financial losses, are entirely excluded, unless the damage was caused by intent or gross negligence on Prime Computer’s part. Prime Computer does not accept liability for damage caused by Prime Computer, a legal representative, or an auxiliary person, insofar as such an exemption from liability is permitted by law. The aforementioned limitation of liability does not apply to damage caused by infringement of life, body, or health.
8 Right of revocation
The satisfaction guarantee offered by Prime Computer allows the Customer to revoke the purchase contract within thirty (30) days (“REVOCATION PERIOD”) of receipt of the product without providing reasons or paying any fees or costs. Prime Computer reserves its right to claim damages for any damage caused to the product acquired by the Customer.
If an order comprises several products that have to be delivered separately, the REVOCATION PERIOD for all the products in this order shall start on the date on which the last product in the order is delivered.
To exercise the right of revocation, the Customer must explicitly inform Prime Computer of the intention to revoke the contract before the expiry of the REVOCATION PERIOD. The applicable date is the date of the announcement. The Customer has the following options in this regard: submitting an explicit declaration that clearly states that the contract is revoked by e-mail to firstname.lastname@example.org or by telephone to +41 71 511 10 50.
Prime Computer shall confirm a revocation that is submitted in good time to the Customer by e-mail or reject a revocation that is received after expiry of the REVOCATION PERIOD. If the revocation is confirmed by Prime Computer, the Customer must send the product back to Prime Computer at their own cost within 14 days. The Customer is responsible for sending the product in shatter-proof packaging that is suitable for shipment. After checking the product for damage, Prime Computer AG must reimburse the Customer for all payments made. The right to make deductions for damage caused to the product by the Customer is reserved. Repayment shall be made within 14 days of receipt of the product by Prime Computer. Unless agreed otherwise, Prime Computer shall use the same method of payment for the reimbursement as the method used by the Customer to pay for the original transaction.
Customers can contact Prime Computer at +41 71 511 10 50 (local rates) or by e-mail at email@example.com for more information on the conditions for revocation.
9 Warranty and liability
Prime Computer warrants that the products are delivered free of any defects in title and quality. Any defects have to be notified to Prime Computer in writing or by completing the support form within 14 days. Prime Computer is not liable for damage to products that occurs after delivery as a result of non-compliance with Prime Computer’s operating or care instructions.
If the Customer asserts justified warranty claims, Prime Computer can choose to fix the errors by repairing the product, to reimburse the purchase price or to deliver replacement products.
Prime Computer is only liable for defects to the product itself. Any and all further liability, in particular for indirect damage such as loss of earnings and auxiliaries, is excluded.
10 Governing Law, Jurisdiction
The T&Cs and the legal relationship between Prime Computer and its customers are subject to Swiss law under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Prime Computer’s legal domicile is the sole place of jurisdiction.