Terms of use

General Terms and Conditions

1. Preamble

These General Terms and Conditions (hereinafter “Terms") of Pathworks GmbH (hereinafter "Pathworks") are valid for all services and products (hereinafter “Products“) of Pathworks.

2. Scope

The Terms apply to all products or services which Pathworks offers. Any customer conditions which oppose or deviate from these Terms will not be recognized unless Pathworks has explicitly agreed to the same in writing. Sale and delivery is only according to the Terms of Pathworks.

3. Due Diligence of Pathworks                       

Pathworks strives to consistently provide its customers with the best and most current products. Pathworks provides its services professionally and carefully according to these Terms as well as the remaining provisions in the agreement.   

4. Price Information

Unless otherwise stated, the prices include VAT, advanced recycling fees (ARF) and copyright levies.

5. Product, Availability and Warranty Information

Pathworks strives to inform customers as soon as possible regarding the products offered and services. Some of this information is obtained from our suppliers and then consolidated and featured by Pathworks for customers. Therefore, any information about products, services, warranty provisions and duration of warranty is without guarantee and not to be understood as a warranty. Pathworks is not liable for the completeness and currentness of the information.

Delays in delivery can arise due to production and supply shortages or incorrect inventory data. All information on delivery times are therefore not guaranteed and can change at any time without notice. Pathworks attaches great importance to maintaining its delivery dates and carrying them out as correctly as possible. Deliveries can become impossible if a product is no longer produced or can no longer be delivered. In this case, a delivery impossibility arises according to Point 7.

6. Contractual

The products, services and prices published by Pathworks are valid as the offer. This offer is, however, subject to the (cancelling) condition of a delivery impossibility or incorrect price information (on the part of our suppliers or Pathworks).

The receipt of the automatically generated order acknowledgement does not represent a promise that the product is indeed available, can be delivered, or that he price is right. It merely indicates to the customer that the submitted order has reached Pathworks and that a contract has been concluded which is subject to the conditions of non-delivery.
If one of the above-mentioned conditions occurs, the contract is immediately terminated, without the participation of the parties. The customer will then be informed immediately. If the delivery has already taken place, the possession of the product automatically resorts back to Pathworks and the customer is obligated to return it (Pathworks refunds the purchase price). If the product has not yet been delivered, the customer is neither obligated to pay the purchase price nor obligated to accept the product. Pathworks is not obligated to deliver a replacement if the contract is terminated in any of these ways.

7. Cancellation and Termination of Contract

Orders to Pathworks are binding in accordance with the Terms and the buyer is obliged to accept the performance. Subsequent amendments and cancellations are possible in some cases but are at the discretion of Pathworks and can be associated with handling charges (handling charges of 20% of the order or at least CHF 80.00 and the loss of value of the product since its order).

If, in spite of the acceptance obligation, the customer does not accept the product within two weeks, Pathworks is entitled to terminate the contract (cancel) and demand a handling charge.  In case of cancellation due to non-delivery, Pathworks will reimburse the amount already paid to the customer.

8. Exchange

The exchange of products is generally not allowed. Product exchanges can only occur in exceptional cases and after consultation with Pathworks. The price basis for all exchanges is always a maximum of the current price, which is valid on the day of exchange. The exchange of products ordered specifically for the customer as well as custom-configured systems is completely excluded. The provisions in Paragraph 12 are valid for the further process of exchanges.

9. Payment Terms

If you choose to pay using advance payment by invoice, the delivery will only be made after full payment or receipt of the purchase price. A bank transfer usually takes 2-3 working days

For prepayment by credit card or PayPal, the resulting Processing fee of the purchase price will be charged to you accordingly.

Public institutions may submit a written request for purchase orders.

Products delivered to the customer remain the property of Pathworks until the purchase price has been paid in full. The customer grants Pathworks the right to enter a retention of title in the title register.

For orders under CHF 50.00 net, a minimum surcharge of CHF 15.00 will be charged.

10. Default in Payment

If the customer does not meet his payment obligations in whole or in part, all outstanding amounts which are owed in any way, become due immediately and all deliveries are be suspended. Pathworks reserves the right of withdrawal. The termination of the contract comes into effect automatically and without notice to the customer within 10 days after Pathworks has sent its request for payment and not received it.
Pathworks can charge a handling fee of CHF 40.00 for the associated manual efforts.

11. Delivery

Deliveries will be charged with CHF 15.00. 

If the goods are delivered by a trucking company, the customer confirms the visual integrity of the delivery with his signature, unless a reservation is noted. In this case, Pathworks assumes no liability for damage incurred during transportation. This does not apply to latent defects.

Delivered or picked up products are to be checked immediately for accuracy, completeness and integrity. Any defects (visible and hidden) are to be notified to Pathworks immediately following the detection but no later than 5 calendar days after receipt of the shipment. For claims to proceed the shipment must be stored as delivered and the product must not be put into operation.

Pathworks reserves the right to charge additional delivery costs for deliveries to destinations which the carrier cannot approach directly.

12. Product Returns / RMA

The customer can return goods to Pathworks at its own expense and risk to a return location specified by Pathworks. Products must be carefully packed and sent with all accessories in the original package. The return package must contain a detailed error description, a copy of the purchase receipt and a return certificate. Return of a disk or a product with an included memory to Pathworks necessarily entails the entire loss of all data storage.  The customer is responsible for a proper backup. Pathworks assumes no liability for any loss of data. Returns which cannot be assigned to the sender are stored for 12 months and then disposed of.

The application form for the return (proof of return) of products can be downloaded here (RMA)

To ensure that the product can be returned, it must be in its original condition and must not have been put into operation. If this is not the case, a return will not be allowed.

13. Service and Guarantee

Pathworks does not guarantee the products it delivers. The customer is exclusively entitled to a possible factory warranty of the manufacturer which is applicable directly or in the areas designated.

In case of warranty, the manufacturer provides a repair, replacement with a comparable product or a refund in the amount of value but not exceeding the purchase price of the product. The decision is in any case that of the manufacturer. The customer has no right to a change or reduction.

Warranty service can be performed only if there are no reasons for exclusion such as damage caused by incorrect handling or mechanical damage. This includes, for example, natural disasters, water damage, fall and impact damage, excessive wear and defects due to interventions or modifications. Excluded from the guarantee or a reduced warranty period are wear, batteries, lamps, etc.

Products labeled in the shop as a "demo model" are demonstration models, i.e. articles with minor blemishes or as repaired products which are sold at a reduced price. These visual defects are excluded from the warranty. In terms of functionality and usability, the normal warranty applies.
If the manufacturer or service provider performs repairs outside of the manufacturer’s warranty costs, these are borne by the customer. For devices that do not have observable defects or defects are not covered by the manufacturer's warranty, Pathworks may pass on the inspection and the shipping costs to the customer. Pathworks can give the customer a guaranteed advance replacement of the product. This advance replacement, which is solely at the discretion of Pathworks, is under the (precedent) provision that the manufacturer actually provides a warranty for the returned product and there is no reason for exclusion. Thus, the customer acquires only in this moment ownership of the advanced replacement product. The warranty replacement or warranty repair does not extend the original warranty period.

14. Liability

The liability for indirect or consequential damages arising from the use, misuse or failure of service performance is excluded. Compensation claims from impossibility of performance, breach of contract, negligence of contract and tort are, except in cases of willful or grossly negligent acts are entire excluded against Pathworks and against the agents of Pathworks.

15. Privacy Policy

Your data is subject to the settlement of the business relationship of electronic data processing. Pathworks complies with the provisions of the Federal Law on Data Protection.

16. Governing Law, Jurisdiction. Swiss law applies.

The applicability of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) is excluded. Jurisdiction is Kriens. In disputes arising from consumer contracts, the competent court or headquarters of one of the parties is the location for customer complaints.  For complaints of Pathworks the court at the domicile of the defendant is responsible. Consumer agreements submitted contracts for services for the personal or family needs of the customer are determined. For customers whose domicile or business headquarters is abroad, Kriens is the exclusive jurisdiction for any action where law differs. For customers with foreign domiciles or headquarters, Kriens is the exclusive jurisdiction.

November 2012

Anschschrift: Pathworks GmbH, Luzernerstrasse 52c, CH-6025 Neudorf
Telefon: 041 318 4000
Fax: 041 318 4009