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General Terms and Conditions of Computacenter TS GmbH
1. Subject matter and scopeThese General Terms and Conditions ("GTC") form the basis for all legal transactions (including future ones) between Computacenter TS GmbH ("Computacenter") and the contracting partner ("Customer"). They govern the provision of services (e.g. consulting, project management, hardware and software configuration and installation, maintenance and support, help and service desk services, instruction, training and similar services; hereinafter "Services") by Computacenter and the creation, sale, supply and (de-)installation of products (such as machines, devices, components and accessories, in particular IT hardware or parts thereof, as well as software; hereinafter "Products") by Computacenter.
In any case, these GTC shall prevail over any terms and conditions of the Customer, even if the Customer should state that it shall only order according to its terms and conditions. Computacenter reserves the right to amend these GTC at any time. Amendments shall be regarded as approved 30 days following notification to the Customer if the Customer raises no objection to the amendments.
2. Conclusion of contract and amendments
2.1 Conclusion of contractA contract between Computacenter and the Customer (the "Contract") shall be regarded as concluded on the date of the written order confirmation by Computacenter, on the signing of an agreement by both parties, or the actual provision of services by Computacenter, whichever comes first. In any case, these GTC shall be deemed to be the content of the Contract.
The receipt of the automatically generated order acknowledgement constitutes neither an order confirmation nor a promise that the product is actually available or can be delivered and that the price is correct. It merely indicates to the Customer that the submitted order has been received by Computacenter.
2.2 Cancellation and termination of contractOrders placed with Computacenter are binding according to the GTC and the Customer is obliged to accept the service. The acceptance of subsequent changes and cancellations is at the discretion of Computacenter and may be subject to handling charges (handling charge of 20% of the order or at least CHF 80.00 plus the loss in value of the product since it was ordered).
If the Customer does not take delivery of the products within two weeks despite the obligation to do so, Computacenter can cancel the contract and charge handling costs and further damages.
If Computacenter is unable to deliver, the Customer has the right to cancel the contract at the earliest four weeks after the agreed delivery date. In case of cancellation due to non-delivery, Computacenter will refund the Customer any amounts already paid in advance. Further claims on the part of the Customer are excluded.
2.3 ExchangeThe exchange of products is generally not possible. If Computacenter, by way of exception, agrees to an exchange, the price basis for the exchange is always at most the current price valid on the day of the exchange. Products that were ordered especially for the Customer as well as individually configured systems are excluded from exchange in any case. The provisions under point 9 stipulate the further procedure of an exchange.
3. Services provided by ComputacenterComputacenter provides its services in accordance with the conditions agreed in these GTC and the respective Contract. It shall fulfil its contractual obligations in a professional manner and with due care. Computacenter is entitled to call in third parties to provide the service.
4. Product information, availability and warranty informationComputacenter shall endeavour to provide Customers with the best possible information about the products and services offered. This information is partly obtained directly from our suppliers and is consolidated and presented accordingly by Computacenter for the Customers. Therefore, any information about products, services, warranty terms and warranty periods is provided without guarantee and should not be construed as a pledge. No liability is assumed for the accuracy, completeness and timeliness of the information.
Delivery delays may occur due to production or delivery bottlenecks or due to incorrect stock data. All information on delivery dates is therefore without guarantee and non-binding and may change at any time without notice. Computacenter attaches great importance to carefully maintaining the delivery date information and displaying it as correctly as possible. The delivery may also be rendered completely impossible if a product can no longer be manufactured or delivered. In this case, delivery impossibility according to point 2.2 shall be deemed to have occurred.
5. Prices, price changes, terms of payment and reservation of title
5.1 PricesUnless otherwise stated, the prices include the value added tax valid at the time, advance recycling fees and copyright levies.
Costs for packaging, transport (postal charges, express surcharges, carriage costs of all kinds) and the insurance of products will be invoiced additionally and separately.
5.2 Price changesThe prices indicated in the quotation, the order confirmation or the Contract are based on the circumstances known at the relevant point in time and only cover the services or products mentioned therein. In the event of subsequent changes to the basis for the calculations due to circumstances beyond the control of Computacenter, e.g. price increases by Computacenter's suppliers or sub-contractors, Computacenter is entitled to adjust the price accordingly. If the increased price is more than 10% above the agreed price, the Customer is entitled to withdraw from the Contract. The Customer must exercise this right in writing to Computacenter within 20 days of receiving notification of the increased price; otherwise the right of withdrawal shall be regarded as forfeited and the price change as accepted. In the event of withdrawal, Computacenter is entitled to demand from the Customer the full payment for the work already performed and to return any products to the Customer at the Customer's expense and risk.
5.3 Terms of paymentIf you choose prepayment by means of advance invoice, the delivery will be made only after full payment, or receipt of the purchase price. A postal or bank transfer normally takes 2-3 working days.
If you choose prepayment by credit card or PayPal, you will be charged a handling fee.
Public institutions can submit a written request for orders on account.
If the Customer fails to meet its payment obligations in whole or in part, all outstanding amounts owed in any way will become due immediately and all deliveries will be suspended. Computacenter reserves the right of withdrawal.
Computacenter may charge a handling fee of CHF 40.00 from the 3rd reminder plus the associated manual expenses.
The assertion of faults shall not affect the liability for settling Computacenter's claims. The Customer is not entitled to offset any counter-claims against Computacenter's claims.
5.4 Reservation of titleProducts that are sold remain the sole property of Computacenter until satisfaction of all claims to which Computacenter is entitled. The Customer is not permitted to sell the products or encumber them before the purchase price has been paid in full. The Customer authorises Computacenter to enter the reservation of title in the reservation of title register.
6. Delivery datesOnly those dates are binding for which Computacenter expressly provides an assurance in writing to that effect. Any other dates are regarded as indicative. Computacenter shall make every effort to adhere to the specified dates.
If Computacenter is unable to adhere to a date that was expressly assured as binding, as a result of its own negligence (although not gross negligence or intent) or as a consequence of transferring its obligations to auxiliary persons in a way that is permissible, all claims for damages, rescission, substitute performance and other claims of the Customer due to delayed performance of the service are excluded.
Dates agreed with the Customer shall be extended accordingly if obstacles occur that are beyond Computacenter's control (such as force majeure, delays by suppliers, subcontractors or other auxiliary persons, operational disruptions, etc.).
7. Acceptance inspection and notification of defectsUpon delivery of goods by a forwarding company, the Customer shall confirm the visual integrity of the delivery with its signature, unless a reservation is noted. In this case Computacenter cannot assume any liability for visible transport damages. This does not apply to hidden defects.
Delivered or collected products must be checked immediately for correctness, completeness and intactness. Any defects (visible as well as hidden) must be reported to Computacenter immediately after discovery, but at the latest within 5 calendar days after receipt of the consignment. For the further settlement of the claim, the consignment must be kept as delivered and the product must not be put into operation.
8. Service and warrantyComputacenter does not provide any warranty for the products delivered by it. The Customer is exclusively entitled to a possible factory warranty of the manufacturer, which is to be claimed directly from the manufacturer or the parties designated by the manufacturer.
In the event of a warranty claim, the manufacturer shall provide for repair, replacement by an equivalent product or compensation in the amount of the current value, but no more than the market value of the product. In each case, the decision lies with the manufacturer. The Customer has no right to a rescission or reduction.
A warranty service under the manufacturer's warranty can only be provided if there are no reasons for exclusion such as damage due to faulty manipulation or mechanical damage. This includes, for example, damage caused by the elements, moisture damage, damage caused by falls and impacts, excessive wear and tear and defects resulting from tampering or modifications. Wearing parts, batteries, rechargeable batteries, lamps, etc. are excluded from the warranty or have a reduced warranty period.
Products marked in the store as "demo model" are demonstration appliances, i.e. items with slight visual defects or refurbished products which are sold at a reduced price. These visual defects are excluded from the warranty. With regard to functionality and usability, the manufacturer’s normal warranty conditions shall apply.
If the manufacturer or service partner charges costs in the case of a repair outside of the warranty obligation, these costs shall be charged to the Customer. In the case of appliances that have no discernible defects or the defect is not covered by the manufacturer's warranty, Computacenter or the manufacturer may pass on the costs for testing and shipping to the Customer. Computacenter can grant the Customer a preliminary replacement of the product under warranty. This preliminary replacement, which is entirely at the discretion of Computacenter, takes place under the (suspensive) condition that the manufacturer actually takes over the warranty for the returned product and no reason for exclusion exists. The Customer thus acquires ownership of the preliminarily replaced product only at this moment. Any replacement or repair under warranty does not lead to an extension of the original warranty period.
All warranty claims on the part of the Customer shall become statute-barred six months after the service has been provided or the products delivered. This limitation does not apply with regard to consumers (Art. 210 Para. 4 of the Swiss Code of Obligations).
9. Returns / RMAIf the Customer wishes to return goods to Computacenter, this shall take place at the expense and risk of the Customer to the place of return specified by Computacenter in each case. The products must be returned with all accessories in the original packaging and professionally packed and insured. A detailed description of the defect and a copy of the purchase invoice, as well as a proof of return, must be enclosed with the return consignment. In the case of delivery of a data carrier or a product that contains a data memory to Computacenter, a complete loss of data must be expected in all cases. The Customer is responsible for the due backup of its data. Computacenter assumes no liability for any loss of data.
Returns that cannot be assigned to the consignor will be kept for 12 months and then disposed of.
The application form for the return (proof of return) of products can be downloaded here (application form)
In order to return the product, the consignment must be in its original condition as delivered and the product must not have been put into operation. If this is not the case, a return is excluded.
10. LiabilityAs far as legally permissible, any liability on the part of Computacenter for losses sustained by the Customer is hereby expressly waived. This applies in particular to compensation claims in the event of negligence (although not gross negligence) or to the liability of Computacenter for its auxiliary persons.
11. Data protectionComputacenter processes the personal data of the Customer in connection with the sale of products. As the party responsible for the data processing, Computacenter is available to you at Computacenter AG, Riedstrasse 14, CH-8953 Dietikon, Tel. +41 (0)840 870 870.
The personal data that Computacenter collects contains the following information: name of the Customer, postal address, e-mail address, telephone and fax number, company, business contact, details of the products purchased.
Computacenter uses this personal data to provide the requested services, as well as to check creditworthiness, for internal reporting and to offer the Customer other products and services that might interest the Customer and to deliver information to the Customer at the Customer's postal or e-mail address. Computacenter may also transfer data to other companies of the Computacenter Group and third parties for these purposes.
The Customer’s data may also be disclosed to manufacturers or suppliers, also abroad, and to a credit-checking and insurance company commissioned by Computacenter for checking the creditworthiness, also abroad if need be. If Computacenter sends data to a country without adequate data protection (i.e. outside of Switzerland or the EU), then Computacenter shall ensure its protection through appropriate or adequate guarantees; the Customer is entitled to receive a copy at the above-mentioned address.
Computacenter also stores the Customer’s data after completion of the purchase for as long as Computacenter anticipates further business contacts.
The Customer can obtain information at any time and free of charge about its data stored by Computacenter, and can also exercise its right to rectification, deletion or restriction of the processing of such data. Please use the contact address stated above for this purpose. If the Customer wishes to object to the collection, processing or use of its data either in whole or in part, it can direct its objection by e-mail, fax or letter to the aforementioned contact address. If the Customer does not agree with the data processing by Computacenter, it can report this to the Federal Data Protection and Information Commissioner (FDPIC) and/or the responsible supervisory authorities in the EU.