top of page

Terms of Use

1. Definitions

1.1 Seller: dedicare GmbH, Wohlerstrasse 51, CH-5605 Dottikon.

1.2 Buyer: Any natural or legal person who acquires a system from the Seller.

1.3 System: The entirety of the delivered hardware, software, peripherals, and services.

1.4 Software: Programs, updates, and other digital content provided under the contract.

1.5 Services: All services offered by the Seller, including consulting, installation, training, and maintenance.

2. Object of the Contract

The Seller undertakes to supply and install a system for the Buyer in accordance with the conditions stated below. The Buyer undertakes to pay the purchase price in accordance with the agreed payment terms.

3. Purchase Price

3.1 The purchase price is listed separately in the offer or contract and is exclusive of VAT and other applicable taxes.

3.2 The Seller reserves the right to adjust the purchase price if there are changes in legal or regulatory requirements.

4. Terms of Sale and Delivery

4.1 Scope
These terms apply to all current and future business relationships between the Seller and the Buyer.

4.2 Payment Terms
4.2.1 Invoices must be paid within 10 days of receipt.
4.2.2 In the event of late payment, the Seller is entitled to charge default interest of 2% per annum.
4.2.3 The Seller reserves the right to suspend any outstanding deliveries or services until full payment of any overdue amounts.

4.3 Delivery and Installation
4.3.1 Delivery dates are non-binding unless expressly agreed otherwise in writing.
4.3.2 The Seller is not liable for delays caused by force majeure, strikes, or other unforeseen circumstances.

4.4 Warranty and Liability
The Seller’s liability is limited to direct damages and capped at the amount of the purchase price. Liability for indirect or consequential damages, including lost profits, is excluded unless caused by the Seller’s gross negligence or willful misconduct.

5. Payment Terms

  • Down payment: 50% of the purchase price upon signing the contract.

  • Intermediate payment: 30% of the purchase price 8 weeks before delivery or start of installation.

  • Final payment: Remaining amount of the purchase price after successful commissioning.

  • Operating costs: Invoiced quarterly.

  • Third-party costs: Invoiced separately.

6. Retention of Title

6.1 Title to the delivered systems remains with the Seller until full payment has been made.

6.2 The Seller reserves the right to reclaim the delivered system if the Buyer is in default of payment or becomes insolvent. The Buyer hereby grants the Seller the right to remove the system from the installation site without a court order.

7. Installation and Commissioning

7.1 Installation is carried out by authorized partners of the Seller.

7.2 The Buyer is responsible for providing the structural and technical prerequisites at the installation site.

8. Operation and Maintenance

8.1 The Buyer undertakes to operate the system in accordance with the Seller’s instructions and to have it serviced regularly.

8.2 Maintenance contracts are mandatory.

9. Inspection and Maintenance Contracts

9.1 The Buyer concludes separate contracts for hardware and software maintenance.

9.2 Maintenance contract variants:

  • Hardware: Gold, Silver, Bronze

  • Software: Standard, Advanced, Premium

9.3 The specific terms of these contracts, including notice periods and SLA conditions, will be provided to the Buyer separately.

10. Software Licenses

10.1 The Seller grants the Buyer a non-transferable, non-exclusive right to use the delivered software.

10.2 The Buyer may only use the software as part of the contracted system and is not permitted to transfer or copy it for third parties.

10.3 Updates and upgrades are only included under a valid software maintenance contract.

11. Warranty and Liability

11.1 The warranty period is 12 months from the date of installation.

11.2 The warranty does not cover damages resulting from improper use, incorrect operation, interventions by third parties, or external influences (e.g., power outages).

11.3 Wear parts are excluded from the warranty.

12. Additional Costs

All additional costs arising from import, official permits, structural modifications, or specific requirements of the installation site are borne by the Buyer. The Seller is not liable for delays or increased costs resulting from the Buyer’s lack of or insufficient preparation.

13. Data Protection and Confidentiality

13.1 The Seller undertakes to process all data provided by the Buyer in accordance with applicable data protection laws (in particular the Swiss Data Protection Act (DSG) and the GDPR).

13.2 Data may only be used to fulfill the contract. Disclosure to third parties will only occur with the Buyer’s written consent.

14. Place of Jurisdiction and Applicable Law

14.1 This contract is governed by Swiss law.

14.2 Any disputes arising from this contract that cannot be settled amicably will be finally resolved by an arbitral tribunal according to the rules of the Swiss Chamber of Commerce.

14.3 The exclusive place of jurisdiction is the registered office of dedicare GmbH.

​

Dottikon, February 2025

bottom of page