Terms & Conditions
Effective Date: April 1, 2025
1. Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") apply to all business relationships between Tech Connect GmbH, General-Guisan-Strasse 8, 6300 Zug, Switzerland (hereinafter "Tech Connect") and its customers (hereinafter "Customer") regarding the use of the website www.tech-connect.ch (hereinafter "Website") as well as for all contracts initiated via the Website and subsequently concluded for deliveries and services by Tech Connect.
1.2 These GTC are directed exclusively at entrepreneurs within the meaning of the law, i.e., natural or legal persons or partnerships with legal capacity acting in the exercise of their commercial or independent professional activity when concluding a legal transaction (B2B). Tech Connect does not conclude contracts with consumers. By submitting a request or accepting an offer, the Customer confirms their status as an entrepreneur.
1.3 Conflicting, deviating, or supplementary general terms and conditions of the Customer shall not become part of the contract unless Tech Connect expressly agrees to their validity in writing. These GTC shall apply exclusively even if Tech Connect carries out the delivery or service without reservation in the knowledge of conflicting or deviating terms of the Customer.
2. Quote Request and Conclusion of Contract
2.1 The presentation of products on the Website does not constitute a legally binding offer by Tech Connect, but rather a non-binding invitation to the Customer (invitatio ad offerendum) to submit a request for an individual quotation (Quote Request) to Tech Connect.
2.2 The Customer can select products via the Website and submit a non-binding request for a quotation to Tech Connect using the provided form or other contact methods.
2.3 Based on the Customer's request, Tech Connect prepares an individual, written (e.g., via email), binding offer tailored to the Customer's specific needs and transmits it to the Customer. This offer contains in particular the specifications of the products, quantities, prices, delivery times, shipping costs, and payment terms.
2.4 The contract between Tech Connect and the Customer is concluded when the Customer accepts the offer transmitted by Tech Connect in writing (e.g., via email or by returning a signed copy) within the acceptance period stated therein and without modifications.
3. Services and Products
3.1 Tech Connect acts as a specialized distributor of fiber optic solutions and related products, particularly for data centers, telecommunications, and industrial automation. The precise scope and quality of the owed deliveries and services result exclusively from the offer accepted according to Section 2.4 and any associated specifications.
3.2 Information in catalogs, on the Website, or in other advertising materials are only indicative values and do not constitute guarantees of quality unless expressly designated as such in writing in the offer.
3.3 Tech Connect is entitled to use third parties (subcontractors) to fulfill its contractual obligations.
4. Prices and Payment Terms
4.1 The prices stated in the individual offer from Tech Connect accepted by the Customer according to Section 2.4 are decisive.
4.2 Unless otherwise stated in the offer, all prices are net prices in Swiss Francs (CHF) or the currency specified in the offer, Ex Works (EXW according to Incoterms® 2020, Tech Connect's place of business), plus statutory value-added tax (if applicable), costs for packaging, shipping, insurance, customs duties, taxes, and other public charges.
4.3 Unless different payment terms are specified in the offer, invoices from Tech Connect are due for payment without deduction within 30 (thirty) days from the invoice date. The date of receipt of the amount in Tech Connect's account is decisive for the timeliness of payment.
4.4 In the event of default in payment, Tech Connect is entitled, without further reminder, to charge default interest at the statutory rate (currently 5% p.a. according to Art. 104 Swiss Code of Obligations - OR) as well as compensation for reminder costs and further damage caused by default. The obligation to deliver may be suspended until full payment is received.
4.5 The Customer is only entitled to set-off if its counterclaims are legally established, undisputed, or acknowledged in writing by Tech Connect. The Customer can only exercise a right of retention if its counterclaim is based on the same contractual relationship.
5. Delivery, Transfer of Risk, and Delivery Times
5.1 Delivery conditions (especially Incoterms®) and delivery times are specified in the individual offer according to Section 2.4. Stated delivery times are approximate unless expressly designated as binding. Delivery times commence on the date of order confirmation by acceptance of the offer, but not before clarification of all technical details and provision of any documents or approvals to be procured by the Customer.
5.2 Unless otherwise agreed in the offer, delivery is Ex Works (EXW Incoterms® 2020, Tech Connect's place of business). The risk of accidental loss and accidental deterioration of the goods passes to the Customer upon handover of the goods to the person or institution designated to carry out the shipment (forwarder, carrier, etc.). This also applies if Tech Connect exceptionally bears the transport costs or if partial deliveries are made. If the Customer requests transport insurance, they must inform Tech Connect in good time; the costs thereof shall be borne by the Customer.
5.3 Tech Connect is entitled to make partial deliveries provided this is reasonable for the Customer. Each partial delivery can be invoiced separately.
5.4 If the Customer is in default of acceptance or culpably violates other cooperation obligations (e.g., failure to collect goods under EXW terms), Tech Connect is entitled to demand compensation for the resulting damage, including any additional expenses (e.g., storage costs). Further claims or rights of Tech Connect remain reserved. The risk of accidental loss or accidental deterioration of the goods passes to the Customer at the time of default in acceptance.
5.5 Delivery delays due to force majeure (e.g., natural disasters, war, strikes, unforeseeable operational disruptions, official measures, pandemics) or other events for which Tech Connect is not responsible shall extend the delivery periods appropriately.
6. Retention of Title
6.1 The delivered goods remain the property of Tech Connect (reserved goods) until full payment of all current and future claims of Tech Connect arising from the respective contract and an ongoing business relationship (secured claims).
6.2 The Customer is obliged to treat the reserved goods with care and to insure them adequately at replacement value against fire, water, and theft damage at its own expense.
6.3 The Customer is entitled to resell and/or process the reserved goods in the ordinary course of business. In this case, the Customer hereby assigns to Tech Connect all claims in the amount of the final invoice amount (including VAT) accruing to it from the resale against its customers or third parties. Tech Connect accepts the assignment. The Customer remains authorized to collect these claims even after the assignment. Tech Connect's authority to collect the claim itself remains unaffected. However, Tech Connect will not collect the claim as long as the Customer meets its payment obligations from the collected proceeds, is not in default of payment, and, in particular, no application for the opening of insolvency or composition proceedings has been filed, or payments have not been suspended.
6.4 In the event of third-party access to the reserved goods (e.g., seizures), the Customer must point out Tech Connect's ownership and notify Tech Connect immediately in writing so that Tech Connect can enforce its ownership rights.
6.5 Tech Connect is entitled to have the retention of title entered in the Swiss Retention of Title Register. The Customer is obliged to cooperate in all measures necessary to protect Tech Connect's property.
7. Customer Obligations
7.1 The Customer undertakes to provide truthful, accurate, and complete information when using the Website and submitting inquiries.
7.2 The Customer is solely responsible for checking the suitability of the ordered products for the purposes intended by the Customer. Tech Connect assumes no advisory obligation regarding the specific application by the Customer unless expressly agreed otherwise in writing.
7.3 Misuse of the Website or the transmitted offers is prohibited.
8. Warranty (Liability for Material Defects)
8.1 The Customer's warranty rights presuppose that the Customer has duly complied with its statutory inspection and notification obligations according to Art. 201 of the Swiss Code of Obligations (OR) without delay. Obvious defects must be reported to Tech Connect in writing immediately, but no later than 7 (seven) working days after receipt of the goods. Hidden defects must be reported in writing immediately, but no later than 7 (seven) working days after their discovery. If the Customer fails to carry out the timely inspection or report defects, the goods shall be deemed approved.
8.2 If a defect reported in time exists, the cause of which already existed at the time of transfer of risk, Tech Connect shall provide warranty, at its own discretion, either by rectification (repair) or replacement delivery (delivery of a defect-free item). Tech Connect is entitled to refuse the chosen type of remedy if it is only possible at disproportionate cost.
8.3 If the remedy (rectification or replacement delivery) fails, is unreasonable for the Customer, or is refused by Tech Connect, the Customer may, at its option, demand a reduction of the purchase price (reduction) or rescind the contract (rescission) with regard to the defective goods. However, the Customer has no right of rescission for minor defects.
8.4 The limitation period for claims for defects is, unless mandatory statutory provisions prescribe a longer period or otherwise agreed in writing, 1 (one) year from delivery of the goods to the Customer (transfer of risk). This period does not apply in cases of intent, gross negligence, or fraudulent concealment of a defect by Tech Connect, nor for claims arising from injury to life, body, or health.
8.5 Excluded from the warranty are, in particular, defects or damages resulting from: normal wear and tear, improper installation, commissioning, handling, use, maintenance, or storage by the Customer or third parties, unauthorized repair attempts or modifications to the goods, use of unsuitable operating materials or accessories, external influences (e.g., moisture, heat, chemicals, force majeure).
9. Liability
9.1 Tech Connect shall be liable without limitation for damages resulting from injury to life, body, or health based on an intentional or negligent breach of duty by Tech Connect or its legal representatives or vicarious agents.
9.2 For other damages, Tech Connect shall only be liable in cases of intent or gross negligence by Tech Connect, its legal representatives, or vicarious agents.
9.3 In the event of a slightly negligent breach of essential contractual obligations (obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the Customer regularly relies), Tech Connect's liability shall be limited to the foreseeable damage typical for the contract.
9.4 Otherwise, Tech Connect's liability – regardless of the legal grounds – is excluded. This applies in particular to indirect damages and consequential losses such as lost profits, production downtime, loss of data, or damages resulting from business interruption.
9.5 The limitations of liability according to Sections 9.2 to 9.4 do not apply if Tech Connect has fraudulently concealed a defect or assumed a guarantee for the quality of the goods. Mandatory liability under the Swiss Product Liability Act (PrHG) remains unaffected by these provisions.
9.6 Tech Connect assumes no liability for the constant and uninterrupted availability of the Website or for technical or electronic errors during a quote request or website usage.
10. Intellectual Property
All rights to the Website and its content, in particular to texts, images, graphics, logos, trademarks, and software, belong to Tech Connect or its licensors and are protected by copyright, trademark, and other intellectual property rights. Any use, reproduction, distribution, or making available to the public of this content without the express prior written consent of Tech Connect is prohibited.
11. Data Protection
The processing of personal data in connection with the use of the Website and the execution of contracts is subject to the separate Privacy Policy of Tech Connect, which is available on the Website at [Insert direct link to Privacy Policy here].
12. Final Provisions
12.1 Amendments or supplements to these GTC or the contracts concluded on their basis must be made in writing to be effective. This also applies to the waiver of this written form requirement. Oral side agreements do not exist.
12.2 Should individual provisions of these GTC be or become wholly or partially invalid or unenforceable, or should these GTC contain a loophole, the validity of the remaining provisions shall not be affected thereby. In place of the invalid or unenforceable provision or to fill the loophole, a valid and enforceable provision shall be deemed agreed that comes closest economically to the meaning and purpose of the original provision or the presumed intention of the parties.
12.3 Swiss substantive law shall apply exclusively, excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention).
12.4 The exclusive place of jurisdiction for all disputes arising out of or in connection with these GTC and the contractual relationship between Tech Connect and the Customer shall be the registered office of Tech Connect GmbH in Zug, Switzerland. However, Tech Connect is also entitled to sue the Customer at its general place of jurisdiction or any other competent court.