General terms and conditions

Scope

These General Terms and Conditions (“GTC”) apply to the business area of Imark Industries, le Chênois 105G, 2947 Charmoille, Switzerland (hereinafter referred to as the “Company”, “We” ,or “Our”). The company owns and operates the platform www.imarkindustries.ch and provides services free of charge and against payment in connection with additive manufacturing.

In addition, the Company manufactures and sells products in the above-mentioned area.

These general terms and conditions apply to the above-mentioned area as well as to other services which the company provides directly and indirectly to the customer.

Conclusion of contract

The conclusion of the contract comes about through the acceptance of the offer of the company regarding the purchase of services, products or licenses by the customer.

The contract is also concluded when the customer makes use of the services offered by the Company or purchases or uses products of the Company (license).

PRICES

Subject to other offers, all prices are quoted in Swiss francs (CHF). All prices are exclusive of any applicable value added tax (VAT).

The prices are exclusive of any other applicable taxes.

The company reserves the right to change prices at any time. The prices valid at the time of the conclusion of the contract on the website www.imarkindustries.ch or according to the separate price list of the company apply. For the customer the prices valid at the time of the conclusion of the contract are valid.

Shipping

Our shipping terms apply.

Payment

The customer is obliged to pay the invoiced amount within 30 days of the invoice date. Unless he has already paid the amount during the ordering process via credit card, Paypal or other payment systems.

If the invoice is not paid within the aforementioned payment period, the customer will be reminded. If the customer does not pay the invoice within the set reminder period, he is automatically in default. From the time of default, the customer shall owe interest on arrears in the amount of 5%.

The company reserves the right to demand payment in advance at any time without giving reasons.

Offsetting the invoiced amount against any claim the customer may have against the company is not permitted.

The Company has the right to refuse service, product delivery or license in the event of late payment.

Resignation

Both parties have the right to withdraw from the contract at any time. The withdrawing party shall pay in full the expenses already incurred by the other party. Withdrawal at inopportune times is not permissible. The costs caused by the withdrawal will be charged to the customer.

Ownership

The ownership of the products remains with the company until the purchase price has been paid in full. Until then, the customer may not dispose of the products, in particular not sell, rent or pledge them.

Warranty

The company makes every effort to ensure that www.imarkindustries.ch is readily available and takes reasonable precautions to protect www.imarkindustries.ch from interference by third parties.

However, it cannot guarantee the uninterrupted and trouble-free functioning of www.startups.ch and the services offered, nor can it guarantee that the files are virus-free. The company does not guarantee the accuracy, completeness, reliability or quality of the information and documents published or transmitted. Furthermore, it cannot give any warranty for non-spamming, harmful software, spyware, hackers or phishing attacks, etc. which impair the use of the service, damage the infrastructure (e.g. terminal devices, PC) of the customer or otherwise damage him. The Company cannot guarantee the accuracy, completeness, reliability or quality of the information and processes made available, published or transmitted, or the results of the work on the Services.  Any problem or defect must be reported to the Company immediately.

The company warrants that the product is free from defects in material and workmanship.

Any defect must be reported to the company immediately. The company is entitled to decide whether the defective product is to be repaired or replaced. Only if replacement or repair is not possible, the customer is entitled to a reduction or refund of the purchase price. The claim for reimbursement of costs for external repairs is excluded. During the time of the repair the customer has no claim to a replacement product. The warranty for the repaired element begins anew, for the remaining elements of the product the original warranty period continues.

Liability

The liability for any indirect damages and consequential damages is completely excluded.
Liability for direct damages is limited to the sum of the service, product or license purchased by the customer. This limitation of liability does not apply to direct damages caused by gross negligence or intent.

The customer is obliged to report any damage to the company immediately.

Any liability for auxiliary persons is completely excluded.

Modifications

These terms and conditions may be changed by the Company at any time.
The new version will come into force by publication on the company’s website.

For customers, the version of the GTC which is in force at the time of the conclusion of the contract shall apply in principle. Unless the customer has agreed to a newer version of the GTC.

Priotity

These GTC take precedence over all older provisions and contracts. Only provisions from individual contracts which still specify the provisions of these GTC take precedence over these GTC.

Severability clause

Should a provision of this contract or a supplement to this contract be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision by a valid provision which comes as close as possible to the intended economic purpose of the invalid provision. The same shall also apply to any gaps in the contract.

Confidentiality

Both parties, as well as their assistants, undertake to treat confidentially all information submitted or appropriated in connection with the goods or services. This obligation shall remain in force even after termination of the contract.

Force majeure

If timely performance by the Company, its suppliers or third parties involved is rendered impossible due to force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, thunderstorms, storms, wars, unrest, civil wars, revolutions and insurrections, terrorism, sabotage, strikes, nuclear accidents or reactor damage, the Company shall be released from performance of the obligations concerned for the duration of the force majeure and a reasonable start-up period after its end. If the force majeure lasts longer than 30 days, the Company may withdraw from the contract. The Company shall reimburse the Customer in full for any remuneration already paid.

Any further claims, in particular claims for damages due to vis major are excluded.

Applicable law / place of jurisdiction

These GTC are subject to Swiss law. If no mandatory legal provisions take precedence, the competent court of Porrentruy shall have jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods (UNSCR 0.221.221.1) is explicitly excluded.

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