GTCS

General Terms and Conditions of Sale

Unless otherwise agreed in writing and signed, the following terms and conditions of sale apply:

1. Oral Agreements, Additional Arrangements
Oral agreements, additional arrangements, etc. are invalid and not binding for VENDOMAT AG.

2. Delay in Delivery
A delay in delivery does not entitle the buyer to terminate the contract. If there is a construction-related delay of more than 30 days, VENDOMAT AG is entitled to invoice the item with the agreed payment terms.

3. Installations
The buyer is responsible for ensuring proper installation (in accordance with our installation instructions) and for routing the necessary connections to the location specified by us before the machines/devices are called off. Any additional technician visits due to improper installations carried out by the buyer will be charged at the standard rate.

4. Buyer Information
The buyer shall promptly provide VENDOMAT AG with all the information required to fulfill the order. Any additional services resulting from incorrect or faulty information provided by the buyer shall be borne by the buyer. The same applies to delays caused by such reasons.

5. Retention of Title
The delivered goods remain the property of VENDOMAT AG until full payment of the total purchase price and all related costs has been made. The buyer agrees to the registration of the retention of title in the retention of title register at their expense. The entire purchase price is due immediately upon receipt of the invoice. If payment is not made within the specified period, VENDOMAT AG is entitled to assert ownership rights and demand the return of the goods.

6. Licenses and Activation
The buyer is aware that VENDOMAT AG products include time-limited licenses that must be reactivated after a certain period. In the event of payment default, the buyer explicitly agrees that VENDOMAT AG has the irrevocable right to withhold license activation until the outstanding debt has been paid in full.

7. Usage Rights and Warranty
VENDOMAT AG grants the buyer a non-exclusive, non-transferable license to use the software, modules, and program components upon payment of the agreed fee. The buyer may use the software and licenses only in connection with hardware and software products approved by VENDOMAT AG. The buyer shall treat the software and documentation confidentially and take appropriate security measures to prevent unauthorized use. The buyer is not permitted to reproduce or share the software or documentation with third parties without written consent from VENDOMAT AG. In the event of a violation, VENDOMAT AG reserves the right—without prejudice to claims for damages—to charge a contractual penalty of CHF 10,000.00 per violation, excluding any assumption of a continuation of the infringement.
The buyer acknowledges that it is not possible to develop software that is entirely error-free for all application conditions and that errors in software and documentation cannot be completely ruled out according to the current state of the art. The licensee acknowledges that no procedure exists to prove software is error-free. Therefore, no warranty is given for the content accuracy of the software or documentation.
From the date of delivery, VENDOMAT AG provides a 12-month warranty that the delivered software version, modules, or program components are compatible with and operable on the total hardware/software configuration existing at the time of delivery. No further warranty is provided, especially regarding whether the software meets the buyer's expectations. Warranty claims will be fulfilled at the discretion of VENDOMAT AG by:
a) rectification,
b) replacement delivery, or
c) contract cancellation.

8. Change of Address
The buyer is obligated to notify VENDOMAT AG of any change of address within 10 days and to inform their landlord and any other creditors about the existing retention of title. Failure to comply will result in the remaining balance becoming immediately due. In such cases, VENDOMAT AG will assert its ownership rights.

9. Warranty Exclusion
The warranty covers all mechanical and electronic parts. Excluded are damages caused by falls, negligent handling, use of force, or external influences (e.g., power supply, neon lights, compressors, electronic systems). VENDOMAT AG rejects any compensation or liability claims for the failure of a device or software. Any repairs carried out by third parties without the express consent of VENDOMAT AG void all warranty claims.

10. Contract Cancellation
The buyer may cancel the contract before delivery. In such cases, VENDOMAT AG will invoice the buyer for all incurred costs (setup fees, etc.) up to one-third of the gross sales price.

11. Jurisdiction
The place of jurisdiction for all disputes is Bern.