General terms and conditions
1. General
All offers, services and deliveries of Datenretter-Schweiz GmbH (hereinafter referred to as Datenretter-Schweiz) are made exclusively on the basis of the following terms and conditions. By placing an order for analysis or data recovery, these terms and conditions are deemed to have been accepted.
All other terms and conditions of any kind, as well as collateral agreements and supplements, which have not been confirmed in writing by Datenretter-Schweiz, are expressly rejected.
2. conclusion of contract
All data recovery services are provided within the requested scope of the service contract. The analysis order is deemed to have been completed when the result of the analysis has been sent to the customer in writing and has been confirmed as accepted by Datenretter-Schweiz by carrying out the analysis.
The data recovery order is deemed to have been completed when the customer confirms the offer by e-mail after the analysis and Datenretter-Schweiz has accepted the order by executing it.
3. prices and dates
3.1 Dates and delivery periods
All prices, cost estimates and deadline commitments are non-binding in the event of unforeseeable price changes by third-party providers or unforeseeable additional work for data recovery services. Delivery times are given to the best of our knowledge, but without guarantee for the transport times of the respective forwarding agent, in particular for possible delays caused by customs.
We shall not be liable for delays in delivery by our upstream suppliers, unless we have culpably omitted possible and reasonable measures to fulfill the contract.
3.2 Prices
All prices are inclusive of statutory VAT, plus packaging and transportation costs, with freight insurance on request. Liability is transferred to the customer when the data carriers are handed over to the commissioned forwarding agent. Force majeure, strikes, riots, lock-outs, power failures or other events for which we are not responsible shall change agreed dates or deadlines by the duration of the disruption.
3.3 Additional fees
Datenretter-Schweiz may charge the customer for any additional costs incurred. This includes, in particular, customs fees in the event of shipping abroad, processing fees in the event that the offer is rejected or the order is subsequently canceled. In the event of a rejection of the offer by Datenretter-Schweiz, processing fees of CHF 50.00 may be charged. If the offer is accepted and the order is canceled by the customer at a later date, Datenretter-Schweiz may charge the customer a processing fee of 20 percent of the total accepted amount.
3.4 Terms of payment
The analysis costs must be paid in advance and will not be refunded under any circumstances. The client is obliged to pay the agreed remuneration for the services provided by Datenretter-Schweiz, even if the result is negative. All payments are credited against the oldest debt. Payment has been made when the claim has been credited to the account of Datenretter-Schweiz, paid in cash or with a debit or credit card accepted by Datenretter-Schweiz. Unauthorized deductions will be charged subsequently.
After the due date of an invoice according to the due date shown there, the client is automatically in default. In the event of late payment, Datenretter-Schweiz reserves the right to charge interest on arrears to the extent permitted by law. We reserve the right to claim further damages. The assignment or pledging of claims against Datenretter-Schweiz is excluded.
Any collection or debt collection costs are to be paid in full by the client to Datenretter-Schweiz.
4. subject of the services
The services offered by Datenretter-Schweiz are divided into analysis and data recovery. Orders are processed in the order in which they are received. If data recovery is requested by the client by placing an order, Datenretter-Schweiz accepts the placing of the order by executing it on the basis of these terms and conditions. By placing the data recovery order, the client agrees to the amount of the costs plus any additional costs incurred (transfer to a transport data carrier, packaging or shipping costs).
Should unforeseen problems occur during the diagnosis or data recovery, accompanied by a change in time and costs, Datenretter-Schweiz will inform the client immediately. If the client does not agree to this, Datenretter-Schweiz will be informed immediately. Otherwise, Datenretter-Schweiz may assume that the client agrees to the changes. If necessary, Datenretter-Schweiz may, with the consent of the customer, also transfer orders to certified and approved companies.
5. warranty
Datenretter-Schweiz neither expressly nor implicitly guarantees the recovery of all data or parts thereof, nor the completeness or full functionality due to varying degrees of previous damage, nor whether all data recovered by Datenretter-Schweiz is of use to the client.
Notifications of defects must be made in writing and must be communicated within 7 days of data delivery. If no complaint is made within the specified period, Datenretter-Schweiz shall consider the service to have been duly provided. If the diagnosis and/or data recovery order is terminated for good cause by one of the two contracting parties, Datenretter-Schweiz may invoice the services performed to date. In all other respects, the statutory provisions pursuant to the Swiss Code of Obligations (OR) shall apply.
6. liability
Datenretter-Schweiz is in no case liable for direct or indirect damages or consequential damages, unless they were caused intentionally or through gross negligence by Datenretter-Schweiz or other persons or their legal representatives or vicarious agents, nor for lost profits, lost benefits of use or the loss of data, software, information or damage to data carriers. Furthermore, Datenretter-Schweiz accepts no liability for the data in transit from the customer to our laboratory and back again.
7. retention of title
We retain title to all services delivered by us until the customer has paid for the delivery item or service including all additional and ancillary costs.
8. data protection
The customer agrees that his data will be stored and processed within the framework of the business relationship. The data will be treated as strictly confidential, will not be made accessible to unauthorized third parties and will not be used or forwarded for purposes unrelated to the order. Data within the scope of data recovery measures is only stored temporarily for recovery. Once the data recovery operation has been completed without notification of defects by the client, the recovered data will be deleted from the data servers within two weeks of the order being completed.
9. place of jurisdiction
The contractual relationship between the parties is subject to Swiss law. The place of jurisdiction is Uster ZH.
V 1.1