1. General

Our business, delivery and payment conditions apply exclusively. Different conditions of the buyer require our written consent.

We reserve the right to make technical changes in the interests of technological progress. 

2. Offer and contract

We are tied to the prices of our offers within 6 weeks from the date of offer. Changes to the contract, annexes or additional agreements must be made in writing in order to be legally binding. Services and support beyond the scope of the contract are paid separately. 

3. Placing an order

An order must be made in writing. Only in the case of an oral order, transfer errors and any misunderstandings are borne by the buyer. 

4. Payment Terms

Unless otherwise agreed, all invoices are payable without deduction within 14 days from the invoice date. 

If the buyer is the default, we are entitled to charge interest from the date of payment. The amount of interest depends on the interest rate charged by commercial banks. 

If the buyer does not fulfill his payment obligations, we are entitled to all remaining debt. In this case, we also have the right to demand advance payments or securities in relation to other agreements, as well as to withdraw from these agreements after a reasonable grace period or to claim damages for non-performance. 

The buyer has the right to offset only if the counterclaim is not in doubt or has legal force. 

6. Retention of title

UTC-Software reserves the ownership of the delivered goods and all rights until full payment. The buyer must immediately notify of any change in place of residence or place of business if there are complaints about the delivered goods or the goods have not yet been delivered. 

7. Warranty

UTC-Software guarantees that the software can be used in accordance with the contract of sale and in accordance with the description in the documentation. Contracting Parties agree that, in accordance with the state of the art, it is not possible to completely eliminate software errors in all fields of application. 

If the equipment supplied is defective or does not have guaranteed characteristics, or if it is damaged during the warranty period due to manufacturing or material defects, we will provide replacement or repair, excluding any other warranty claims of the buyer. Multiple repairs allowed. 

UTC-Software is not responsible for any indirect damage. Gross negligence and intention remain unchanged. 

The warranty period is 6 months and starts from the date of delivery. 

8. Property Rights

All rights to our software and our data (regardless of media) belong exclusively to UTC-Software. 

After the delivery of our software and data, we provide the buyer with an exclusive and inexpressible opportunity to use the software and data in accordance with the tasks specified in the purchase agreement. 

Any copy of the software and data that is not technically required for its intended use is prohibited. The buyer has the right to make a copy only for backup purposes. 

It is forbidden to modify, modify or adapt the software and data, as well as related documentation or parts thereof, or to decrypt them in any form. 

9. Place of performance, jurisdiction

Common Place of Jurisdiction UTC-Software Zurich, Switzerland. 

In the case of contracts with registered traders, legal entities under public law or public law special funds, the place of jurisdiction for all disputes arising from this contract is the court with jurisdiction for UTC-Software. 

If certain provisions of these General Terms or Conditions or the contract are either completely or partially ineffective, or if the contract contains a loophole, the validity of the remaining provisions or parts of such provisions will remain unchanged. Instead of ineffective or missing provisions, relevant legal provisions