General conditions of sale VENDOMAT AG
In the absence of a written and signed agreement to the contrary, the following
terms and conditions of sale are hereby applicable:
1. oral agreements, additional agreements, etc. are invalid and not binding for the VENDOMAT AG .
2. delay in delivery does not entitle the buyer to terminate the contract. In the event of a delay of more than 30 days on the part of the customer, VENDOMAT AG is entitled to invoice the object of purchase with the agreed payment date.
3. the purchaser is obliged to ensure that installations are carried out in accordance with the regulations (in accordance with our installation instructions) and to take them to the place designated by us before the machines/devices are called up. The customer's access to the Internet is not the subject of this contractual relationship. The customer is solely responsible for the functionality of his internet access including the transmission paths. The customer is also solely responsible for its internal company network (LAN and WLAN) and its own hardware (insofar as this is not supplied by Vendomat AG ). The customer is also solely responsible for ensuring the interfaces and the associated software version, whether for PMS systems, dispensing systems, coffee machines and payment systems (list not exhaustive) the customer commissions the interface partner with the project project and ensures that the deadlines are met in accordance with the joint agreement. Any additional technician visits for new installations on the part of the customer that are not carried out in accordance with the regulations and the like will be charged at the normal rate.
4. the purchaser will immediately provide VENDOMAT AG with all the information it requires to fulfill the order. Additional services that arise as a result of incorrect or faulty information provided by the purchaser shall be borne by the purchaser. The same applies to a time delay due to these reasons.
5. the object of the contract remains the property of VENDOMAT AG until full payment. In the case of installment payments, the buyer agrees to the entry of the purchase object in the retention of title register, at his expense. In case of default of payment of 2 installments, the whole balance becomes due and the VENDOMAT AG is entitled to assert its ownership claims. Furthermore, we refer to our special additional provisions for installment contracts.
6. the purchaser is aware that the products of VENDOMAT AG have time-dependent licenses that must be unlocked after a certain period of time. In the event that the purchaser is in arrears with payments, the purchaser expressly agrees that VENDOMAT AG has the irrevocable right to activate the license only after full payment of the accrued debt amount.
7. VENDOMAT AG grants the buyer the non-exclusive and non-transferable license to use the software, modules and program parts against payment of the agreed remuneration.
The purchaser shall use the software and licenses only in conjunction with the hardware and software products approved for this purpose by VENDOMAT AG . He will treat software and documentation confidentially and take the appropriate safety precautions to protect them against the use of unauthorized persons. The buyer is not allowed to copy software or handed over documentations without written consent of VENDOMAT AG or to pass them on to third parties.
In the event of infringement, VENDOMAT AG reserves the right, without prejudice to the assertion of claims for damages, to demand a contractual penalty of CHF 10,000.00 for each individual case of infringement, excluding the assumption of a continuing connection.
The purchaser is aware that it is not possible to develop the software in such a way that it is error-free for all application conditions and that, according to the state of the art, errors in programs and documentation cannot be excluded.
The licensee acknowledges that a procedure for proving that a
software is free of errors does not exist. A warranty for the correctness of the content of the programs or the documentation is therefore expressly excluded.
VENDOMAT AG warrants for 12 months from the date of delivery of the software version, modules or program parts that they are compatible and executable with the overall hardware/software configuration that existed at the time of delivery. A further warranty obligation does not exist. In particular not for the fact that the software satisfies the requirements of the buyer.
The warranty goes after choice of VENDOMAT AG on a) rework, b) spare delivery
c) cancellation of the contract.
8. the buyer is obliged to inform the VENDOMAT AG within 10 days of any change of address and to draw the attention of his landlord and possibly other creditors to an existing reservation of title. In case of failure to do so, the remaining amount will also be due. In this case, the VENDOMAT AG will assert its ownership claims.
The warranty covers all mechanical and electronic parts. Excluded are damages caused by falling, negligent handling or use of force, external influences (e.g. electricity, neon, compressors, electronic equipment). The VENDOMAT AG declines any claim for compensation or indemnity for the failure of a device/software. Any repair carried out by third parties without the express consent of VENDOMAT AG will release them from all warranty obligations.
10. until delivery, the buyer is entitled to withdraw from the contract, in which case Vendomat AG will charge him for all costs incurred by it (set-up costs, etc.) up to one third of the gross sales price.
The place of jurisdiction for all disputes is Bern.
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