1 Validity of the conditions

The deliveries, services and offers of Bonneville Records are made exclusively on the basis of these terms and conditions, even if they are not expressly agreed again. These terms and conditions shall be deemed accepted upon ordering the goods or services. General purchase conditions of the buyer are hereby contradicted. Deviations from these terms and conditions are only effective if we confirm them in writing.

2 Offer and conclusion of contract

The offers of Bonneville Records in price lists and advertisements are subject to confirmation and non-binding. Orders are binding for Bonneville Records only after written confirmation. Order confirmations will only be issued upon express request. The details in our sales documents (drawings, illustrations, dimensions, weights and other services) are to be understood only as guide values and do not represent any assurance of properties, unless they are expressly designated as binding in writing. If a buyer exceeds his credit limit by placing an order, we shall be released from our delivery obligation.

3 Prices

The prices stated in our order confirmation are authoritative. These are fixed for stock goods at the time of the order. In the event of delivery bottlenecks or errands, the current price on the day of order shall apply. Unless otherwise agreed, prices are quoted exclusive of transport costs and inclusive of statutory value-added tax.

4 Delivery and performance time

Dates and delivery periods are noncommittal, unless expressly agreed otherwise in writing. The indication of certain delivery periods and delivery dates by Bonneville Records is subject to the correct and timely supply of Bonneville Records by suppliers and manufacturers.

5 Default of acceptance

If the buyer refuses to accept the delivery items or declares that he does not wish to accept the goods after a grace period set for him has expired, Bonneville Records may refuse performance of the contract and claim damages for non-performance. Bonneville Records is entitled to demand either a lump sum of 25% of the agreed purchase price or compensation for the effectively incurred damage from the purchaser as compensation for damages.

6 Delivery

Visible differences in quantity must be reported in writing to Bonneville Records and the carrier immediately upon receipt of the goods, hidden differences in quantity within 4 days of receipt of the goods. Complaints regarding damage, delay, loss or poor packaging must be reported immediately after receipt of the goods.

7 Transfer of risk

The risk shall pass to the purchaser as soon as the consignment has been handed over to the person carrying out the transport. If the shipment is delayed or becomes impossible through no fault of our own, the risk shall pass to the buyer upon notification of readiness for shipment. A transfer of the transport costs by Bonneville Records agreed in individual cases has no influence on the transfer of risk.

8 Warranty

The warranty period in accordance with the following provisions is 2 years, unless expressly agreed otherwise in writing. The warranty period begins with the delivery date. If our operating or maintenance instructions are not followed, changes are made, parts are replaced or consumables are used which do not correspond to the original specifications, any warranty shall lapse insofar as the defect can be traced back to this. This shall also apply if the defect is due to improper use, storage and handling of the devices, or to external intervention as well as the opening of devices. Insignificant deviations from warranted characteristics of the goods do not trigger any warranty rights. Liability for normal wear and tear as well as consumables/accessories/supplied batteries/rechargeable batteries is excluded. Warranty claims against Bonneville Records are only due to the direct buyer and are not transferable.

9 Returns

For returns, we require that the defective part or device is sent or delivered to Bonneville Records for repair with the completed repair form and a copy of the invoice with which the device was delivered. A return of products by the customer requires the prior consent of Bonneville Records and will be at the expense and risk of the customer. The products must be returned in their original packaging and accompanied by a detailed description of the error/defect and a return number. Products which we procure on customer's request and opened software are excluded from the return. No new warranty periods shall come into force through the replacement of parts, assemblies or entire devices. The warranty is limited exclusively to the repair or replacement of the damaged delivery items. When sending in the devices to be repaired, the buyer must ensure that data on these devices are backed up by copies, as these can be lost during repair interventions.

10 Retention of title

The delivered goods remain the property of Bonneville Records until full payment has been received.

11 Payment

Depending on the agreement, invoices are payable cash on delivery, in cash or within 10 days net, unless otherwise agreed. The delivery takes place in principle not free, i.e. at the expense of the buyer by parcel post, forwarding agency or own vehicle, unless it was expressly agreed otherwise. A payment shall only be deemed to have been made when we are able to dispose of the amount. Cheques are only accepted on account of performance and are only considered as payment after they have been cashed. If the purchaser is in default, we shall be entitled to charge interest of 5% from the date in question. During the duration of the delay Bonneville Records is also entitled at any time to withdraw from the contract, to demand the return of the delivered goods and to claim damages for the loss of the contract. All claims become due immediately if the customer is in default of payment, culpably fails to comply with other essential obligations under the contract or if we become aware of circumstances which are likely to reduce the creditworthiness of the customer, in particular cessation of payments, pending composition or bankruptcy proceedings. In these cases we are entitled to retain outstanding deliveries or to execute them only against advance payment or securities.

12 Limitation of liability

Claims for damages arising from impossibility of performance, from breach of contract, from culpa in contrahendo and from tort are excluded both against us and against our vicarious agents and assistants, unless intentional or grossly negligent action is present. Any liability for consequential damages resulting from the use of the products shall be rejected.

13 Copyright / Software Warranty

Insofar as software is part of the scope of delivery, it shall be made available to the Buyer solely for one-time resale or for his own use, i.e. he may neither copy it nor make it available to others for use. Software is excluded from all warranty provisions on forms. The provisions of the manufacturer's license agreement shall apply exclusively.

14 Data protection

Bonneville Records is entitled to process the data about the buyer received with regard to the business connections or in connection with these, regardless of whether these originate from the buyer himself or from third parties, in the sense of the Federal Data Protection Act (DSG). Personal customer data will be treated confidentially and will only be passed on to third parties within the scope of the credit assessment.

15 Place of jurisdiction

Meierskappel is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The legal relationship is subject to Swiss law.

Bonneville Records, CH-6012 Obernau, 1 September 2018