General Terms and Conditions (GTC)
Version: 01.01.2025
1. General Provisions
These General Terms and Conditions (hereinafter referred to as "GTC") govern all business relationships between APOS GmbH, based in Visp, Switzerland (hereinafter "APOS"), and its customers, including all resulting claims, in the version valid at the time of order confirmation. Deviating terms and conditions of the customer shall not be accepted unless APOS has expressly agreed to them in writing on a case-by-case basis.
2. Offers
Unless otherwise agreed, APOS offers are non-binding and subject to change. If purchase prices, transport costs, public charges, or other essential cost factors increase or decrease, APOS reserves the right to adjust the agreed prices, including fixed prices.
3. Order Acceptance
Orders are accepted and executed exclusively in accordance with these GTC. APOS reserves the right to reject customer orders on a case-by-case basis.
4. Installation
Installation, programming, and training times are determined by the timeframe stated in the purchase contract. Additional services will be charged separately. The creation of data lines (in-building installation) and PC installation are the customer's responsibility.
5. Support Subscription
Thirty (30) days after installation, our minimum support subscription will be invoiced automatically. This subscription includes free on-site service during the warranty period, telephone support during business hours, and hotline service outside business hours.
6. Prices and Shipping Costs
Prices are in Swiss Francs (CHF). Unless explicitly stated otherwise, prices do not include VAT, disposal fees, charges, shipping, packaging, or delivery costs. Packaging is charged in addition to shipping costs, with a minimum of CHF 12.00.
7. Complaints
The customer must inspect the goods immediately upon receipt. Complaints regarding defective or missing goods must be submitted in writing within five (5) days of receipt. Complaints made after this period will not entitle the customer to replacement, repair, contract cancellation, or compensation.
8. Payment, Due Date, Default
Invoices are payable net within 30 days from the invoice date unless otherwise agreed in writing. From the second reminder onward, a reminder fee of CHF 10 per reminder will be charged. APOS reserves the right to charge interest for late payments from the due date. The default interest rate is the Swiss National Bank's discount rate plus five percent (5%).
9. Security Measures
APOS reserves the right to implement a system lock as a security measure, which activates in the event of non-compliance with agreed payment terms.
10. Transfer of Risk
The risk of accidental damage or loss of the goods transfers to the customer:
- upon delivery,
- upon collection by the customer or a third party,
- or upon handover to a shipping carrier.
11. Warranty, Guarantee, Liability
The warranty period is 20 months from the invoice date. Any differing warranty periods must be agreed to in writing. APOS guarantees that the products are delivered in working condition. The warranty includes correction of defects or replacement of parts proven to be defective due to material, construction, or manufacturing faults.
12. Retention of Title
Delivered goods remain the property of APOS until full payment has been received. APOS reserves the right to register the retention of title at the customer's expense.
13. Place of Fulfillment
The place of fulfillment for all customer obligations is the registered office of APOS GmbH.
14. Jurisdiction
This contract is governed by Swiss law. The place of jurisdiction is Wallis / Visp. APOS also reserves the right to pursue legal action at the customer's domicile.
15. Miscellaneous
APOS reserves the right to amend these GTC at any time. Upon publication of an updated version, older versions become void.
16. Validity
These GTC are an integral part of all purchase and service contracts. By entering into a contract, the customer agrees to these terms.