General Terms and Conditions

General Terms and Conditions (GTC)

1. Scope of application

1.1 These General Terms and Conditions shall apply to all orders placed by customers of COS-33 GmbH (hereinafter referred to as "Supplier").

1.2 With the confirmed order, these general terms and conditions are deemed to be accepted by the customer.

2. Offer and conclusion of contract

2.1 Unless otherwise agreed, the supplier shall remain bound by the offer for 30 days. Offers made by the supplier on the basis of imprecise or not yet available information shall be deemed to be a basic willingness to conclude a contract, but not a binding offer. Price quotations contained therein are non-binding guide prices.

2.2 By signing the order confirmation with a legally valid signature, the customer places a binding order.

2.3 Immediately after receipt of the order, the supplier confirms the order. The purchase contract is concluded immediately.

3. Prices

3.1 The prices for services and licenses quoted in the offer are exclusive of applicable VAT and other price components (e.g. travel expenses) and are quoted in Swiss francs (CHF), US dollars (USD) or euros, depending on the offer in question.

3.2 Further taxes, fees, custom duties, packaging and delivery costs shall be invoiced separately or are paid directly by the customer.

3.3 The provider reserves the right to change the prices at any time. The prices received in the offer shall apply to the customers.

4. Delivery conditions

4.1 The software is delivered via Transport Request.

4.2 Upon receipt of payment of the license fee, the customer is entitled to install the software.

5. Terms of payment

Payment shall be made 14 days after receipt of invoice. The supplier is entitled to pass late fees to the defaulting customer. The supplier reserves the right to take legal action.

6. Retention of title

The software remains the property of the supplier. The customer receives a non-transferable right to use the software with the license.

7. Copyright / Copyright

7.1 All rights to the software products are the exclusive property of the Licensor. The software is protected by copyright. The software may only be used to the maximum extent of the licensed applications.

7.2 The content and structure of the products published by the Supplier and the entire offer are protected by copyright. The use of contributions and working aids for the customer's own use is permitted, but complete or partial commercial distribution requires the express consent of the supplier.

8. Liability

The supplier excludes liability for slightly negligent breaches of contract. The same applies to breaches of contract by auxiliary persons and substitutes. The supplier assumes no responsibility for errors that do not lie within their area of responsibility.

9. Place of jurisdiction and applicable law

The contractual relations between the customer and the supplier are subject to Swiss law. The ordinary court in Zug (Switzerland) shall have jurisdiction over any disputes arising from these contractual relations.

10. Final provisions

If parts of these general terms and conditions should be invalid, this shall not affect the validity of the remaining provisions. The relevant statutory provisions shall apply mutatis mutandis in place of the invalid provisions.