Conditions of Use

1. Applicability

These general terms and conditions apply to all services, suppliers and offers from NADERER Brandsimulation AG (hereinafter referred to as NADERER).

Deviations from these general terms and conditions can only be made if NADERER expressly states or acknowledges this in writing.

Other general terms and conditions, such as the purchasing conditions of the contractual partners, apply, provided they do not match these terms and conditions, only with the express prior written consent of NADERER.

These terms and conditions are also applicable to the employees and auxiliary staff who work at NADERER, as well as to third parties through whom NADERER has the contract fulfilled in whole or in part.

2. Offers

Unless they are limited in time, all offers are non-binding and do not include VAT. NADERER is entitled to revoke a non-binding offer no later than one (1) week after the contract partner has accepted the offer.

We reserve the right to make minor deviations from the dimensions, weights, colors and technical data mentioned in the offers within the usual framework.

The prices quoted in the offers are based on the relevant circumstances and data (in particular the wage and material costs) that applied when the offer was made or when the contract was concluded or that NADERER had at this point in time.

Offers and contracts that have been submitted or concluded by representatives, commercial agents or intermediaries are only binding for NADERER after a written order confirmation.

3. Delivery

Unless otherwise expressly agreed, the specified delivery times do not apply as a deadline. If the delivery date is not met, NADERER is only in default after the contractual partner has given notice of default.

The agreed delivery period begins on the date on which the written order confirmation is dated.

If, for reasons of force majeure, NADERER should not be able to deliver a complete, correct and faultless delivery within the delivery period, NADERER is entitled to terminate the contract or to set a reasonable grace period in which a complete, correct and faultless delivery can be done. Claims for damages are not to be derived from this.

Events that make it difficult for NADERER to fulfill its contractual obligations after the conclusion of the contract or that prevent NADERER from preparing to fulfill the contract are deemed to be force majeure. These include, for example, war, danger of war, civil war, acts of terrorism, riot, war damage, fire, water damage, the cordoning off of certain areas, floods, stoppages, occupation, lockouts, obstacles to import and export, official measures, machine defects, and disruptions in the energy supply in the operation of NADERER as well as from third parties, from whom NADERER has to obtain the required materials or raw materials in whole or in part, as well as during storage or during transport by its own transporters or by transport companies, as well as all other causes for which NADERER is not responsible or controllable.

NADERER is entitled to commission third parties with the execution of deliveries or services. In this case, NADERER is liable for the proper performance of the contract by this third party.

4. Liability

Unless there is willful or grossly negligent action on the part of NADERER, any liability for the delivery, processing, transport and use of the products supplied by NADERER is excluded.

5. Withdrawal from the contract

If the contractual partner withdraws from a contract, NADERER is entitled to invoice the contractual partner for the incurred, irreversible costs.

6. Complaints

Complaints do not entitle the contractual partner to non-compliance or to postpone his payment obligations towards NADERER.

Complaints must be made in writing and justified and within fourteen days after the contractual partner has noticed or could reasonably have noticed a defect. Otherwise, NADERER is entitled to refrain from processing the complaint.

If the complaint is justified, NADERER has the right to a price reduction or to rectify the defect twice.

7. Transport

NADERER is entitled to determine the type of transport itself.

The transport costs are not included in the offers and sales prices, but are invoiced separately to the contractual partner.

The transport takes place at the risk of the contractual partner.

8. Payment

Payment must be made in the NADERER office or by transfer to the NADERER bank account within 30 days of the invoice date without any discount or discount and without set-off.

The delivered goods remain the property of NADERER until full payment and receipt of the purchase price owed, including any statutory interest, collection costs and the like. This also applies if the delivered goods have already been processed or used in other products.

Furthermore, NADERER reserves the right to postpone the surrender of the contractual partner’s goods that have been repaired or otherwise provided until the latter has met all of NADERER’s claims, including any statutory interest, collection costs and the like.

If the contractual partner does not make any payment within the set deadline, the latter is legally in default without a request for payment or a notice of default having to be issued beforehand.

If the contractual partner is in default, the contractual partner will be charged immediately the statutory interest according to OR as well as all judicial and extrajudicial costs that arise in connection with the request for performance, dissolution and / or compensation, unless NADERER Was wronged by an irrevocable judicial judgment on this matter.

The collection costs amount to at least 15% of the amount still owed and at least € 100.00.

9. Termination of the contract

In the case of
– non-timely payment of amounts due by the contractual partner
– Interruption of payment by the contractual partner
– Filing for bankruptcy by the contractual partner
– Commissioning of a bankruptcy administrator by the contractual partner
– Dissolution of the business of the contractual partner
– Non-acceptance of the purchased goods within the agreed period(or, if no period has been agreed: within three months) by the contractual partner in the case of delivery on demand, NADERER is entitled to terminate the contract as well as other contracts still to be executed between NADERER and the contractual partner to dissolve without judicial intervention and to claim damages.

10. Industrial property right

The inventions developed by NADERER or the drafts made by NADERER are subject to copyright or patent and / or design law, which the contractual partner is obliged to comply with.

The copyright or patent and / or model right over the drafts and inventions created by NADERER during the execution of an order lies exclusively with NADERER.

Unless otherwise agreed in writing, the original drafts that were created by NADERER in the performance of the contract remain in the custody of NADERER. The contract partner is prohibited from using a draft that has been sent to him for assessment for purposes other than assessing whether the work can be carried out according to the draft.

If NADERER has a copyright or a patent and / or model right, NADERER grants the contractual partner a license for the non-exclusive use of this right, limited in scope and time.

The license is only valid if the contractual partner fulfills the financial obligations in connection with the provision of the copyrighted design.

The license applies exclusively to the use of the relevant design or the relevant invention by the contractual partner himself or by persons or bodies who undertake the work of the contractual partner in such a way that they are to be equated with the contractual partner.

The use of the license by third parties is only permitted with the written approval of NADERER.

11. Place of jurisdiction and applicable law

The place of jurisdiction with regard to the fulfillment of the contract is CH-5330 Bad Zurzach

Swiss law applies exclusively to all matters relating to the contract or its performance.

CH-5330 Bad Zurzach, 01.01.2019