General Terms and Conditions SemioticTransfer GmbH
- Scope and contract conclusion
These General Terms and Conditions apply for all services rendered by SemioticTransfer GmbH (hereinafter called SemioticTransfer). The Client accepts the present terms and conditions with the placing of an order. Prices and tariffs given by SemioticTransfer are binding for one month.
- Terms of delivery
Specified delivery dates are not binding, if these have not been confirmed as binding by SemioticTransfer explicitly and in writing. In case of late deliveries due to an act of god (war, strike, natural disasters, etc.) the scheduled dates shall be postponed by the duration of the respective incident. The Client shall not invoice SemioticTransfer with any counter claims without prior written agreement.
- Terms of payment
All invoices are payable within 10 days without. If the invoice has not been paid after the due date, the client is in default of payment without the necessity of receiving a reminder. SemioticTransfer reserves the right to demand interest on late payments in case of default payment. The interest rate in this case shall correspond with the applicable interest rate for an overdraft charged by the major banks of the financial centre in Zurich.
- Delivery and acceptance
If the client does not assert any deficiencies within a period of 3 (three) days, the delivered work shall be deemed to be accepted.
- Warranty and liability
The client shall notify SemioticTransfer about any deficiencies without delay and in writing. Guarantee shall be limited to correction of the work. All other warranties whatsoever are explicitly excluded. The warranty period shall be 60 days. Warranty relating to the correct reproduction or translation of names, numbers and postal addresses, as well as non-translatable specialist terms shall be excluded.
SemioticTransfer shall be liable for direct damages within the extent of the respective value of contract, which have incurred to the client in connection with the fulfilment of the contract, in so far, that the client can prove that SemioticTransfer is in default. Any further liabilities, including indirect damage or subsequent damage, e.g. profit, extra costs, personnel costs or claims by third parties as well as any liability from auxiliary persons shall be explicitly excluded, as far as permitted by law.
Warranty and liability for deficiencies caused due to faulty or incomplete information or documentation provided by the client is also excluded.
- Assignment of a Third Party
SemioticTransfer reserves the right to call in a Third Party in order to fulfill the contract, or to transfer the fulfillment of the contract to a Third Party.
- Rights
All rights regarding produced work results within the scope of these terms and conditions are transferred to the client on receipt of payment.
- Dispatch and transfer of perils
Dispatch usually is made by data transfer or by national postal system. The transfer of perils passes to the client with the dispatch of the work, either by post, data transfer or any other means of dispatch. SemioticTransfer can only be made liable, for the loss of assigned documents, in case of gross negligence.
- Confidentiality
The nature of the assigned work, including all data and information, that has been supplied to SemioticTransfer, shall be subject to the utmost confidentiality.
- These General Terms and Conditions include all agreements made between all parties
Any changes or modifications shall only be valid if they have been agreed between the parties in writing.
- Place of execution, applicable law and place of jurisdiction
These General Terms and Conditions are governed by the laws of Switzerland. Place of jurisdiction is Zurich