GTCs General Terms et Conditions de ventes et Livraison Nautic Electronics GmbH

§ 1  Provisions of Regulations

   1.   Deliveries, services and offers of Nautic Electronics GmbH (hereinafter referred to as the ''Vendor'') take place solely on the basis
      of these General Terms and Conditions. These General Terms and Conditions are thus also valid for all future business
      relationships, even when they have not been expressly agreed upon once again. These regulations are at the latest regarded as
      having been adopted on acceptance of the goods or service. Services in return by the client are thus contradicted under
      consideration of his business or purchase conditions.
2.   Deviations from these General Terms and Conditions are only effective when the Vendor has confirmed this in writing with the
      contractual partner (Purchaser).

§ 2    Offer and Conclusion of Contract

   1.   The Vendor’s offers are subject to confirmation and all orders are to be confirmed by letter, e-mail or fax by the Vendor in order to be
       effective in law. This is also the case for amendments, alterations or additional agreements.
2.    Drawings, figures, technical specifications, measurements and weights or other service data are only binding when they have
       been expressly agreed upon in writing. The Vendor retains proprietary rights and copyright of all quotes, drawings and other
       documents. They are not allowed to be made accessible to third parties. The Vendor is only obligated to make plans available to
       third parties, which have been stated as confidential by the Purchaser, with the agreement of the Purchaser.
3.    Delivery replaces confirmation.
4.    Vendor and Purchaser are only permitted to transfer their contract laws to third parties after the agreement of the appropriate
       contractual partner.

§ 3     Delivery Period and Period of Service

1.   The dates and deadlines stated by the Vendor are not binding, unless other dates and deadlines have been expressly agreed
       upon in writing.
2.   The Vendor is not to act on delivery and service delays due to force majeure and due to events making delivery extremely difficult
       or impossible for the Vendor – these include among others also subsequently occurring difficulties in attaining materials,
       operating disturbances, strikes, lockouts, lack of personnel,  lack of transport means, official regulations etc. even when they
       occur among manufacturers, sub-suppliers of the Vendor or their sub-suppliers – even if binding deadlines and dates have been
       agreed upon. They authorise the Vendor to defer delivery or service by the duration period of the hindrance plus an appropriate
       start-up period or to partially or completely withdraw from the contract due to the part which has not yet been fulfilled.
3.    The Vendor is authorised at all times to carry out part delivery and partial services.
4.    Delivery takes place solely at the expense and risk of the Purchaser.

§ 4 Transfer of Risk

1.    Risk is transferred on dispatch of the delivery parts from the business location of the Vendor to the Purchaser at the latest also
       when part delivery takes place or the Vendor has transferred other services – i.e. dispatch costs or delivery and assembly.  By
       request of the Purchaser the dispatch by the Vendor is insured for theft, breakages, damages due to transport, fire or water or
       other insurable risks at the expense of the Purchaser.
2.    If dispatch is delayed due to circumstances caused by the Purchaser, then the risk is transferred to the Purchaser on the day of
       dispatch disposition, although the Vendor is obligated to take out insurance at the request and cost of the Purchaser if required
       by the Purchaser.
3.    Delivered goods are to be accepted by the Vendor, even when they show minor flaws. On refusal of acceptance by the
       Purchaser, the Vendor is authorised to invoice the Purchaser with a charge to the amount of 15% of the invoice amount, but of at
       least CHF 300.--.

§ 5 Withdrawal

1.    The Purchaser can withdraw from the contract when the overall service is rendered finally impossible prior to the transfer of risks. 
       This is also the case with the incapacity of the Vendor. Claims for damages by the Purchasers are excluded in case of such a
       withdrawal. The Purchaser can also withdraw from the contract when the dispatch of a part of delivery is rendered impossible on
       ordering similar goods and where the Purchaser has a legitimate interest in refusing a part delivery; if this is not the case
       then the Purchaser can appropriately lower services in return.
2.    If there is a delay in services and the Purchaser grants the Vendor, who is behind schedule, an appropriate period of grace with
       the express declaration stating that he will refuse to accept the service after the date of accepting services has expired and will not
       keep to the period of grace then the Purchaser is authorised to withdraw.
3.    If the impossibility of service occurs during the delay of acceptance or due to the fault of the Purchaser, then the Purchaser is
       obligated to services in return in the amount of at least 15% of the invoice amount.
4.    The Purchaser also has the right to withdraw, when the Vendor lets an appropriate period of grace elapse in vain for the
       Improvement or replacement delivery regarding a flaw represented and caused by the Vendor himself as stated in terms of the
       delivery conditions. The Purchaser also has the right to withdraw in case of impossibility of improvement or replacement delivery
       by the Vendor.
5.    Excluded are, where legally permitted, all other further claims of the Purchaser, especially conversions, terminations, reductions
       or mutual invoicing as well as claims for damages of all kinds, namely also for such damages, which are not originated in the
       object of delivery itself.

§ 6     Prices

1.     The published prices are quoted in Swiss Francs excluding the legal VAT for a delivery ex factory and exclusive of packaging and
        dispatch costs. Additional services linked to the deliveries are to be invoiced separately according to expenses, provided that
        special agreements between the Purchaser and Vendor have not been agreed upon for this purpose. The prices valid on the day
        of delivery are invoiced. In case of price and cost increases between the conclusion of contract and delivery, the Vendor is
        authorised to carry out an appropriately adequate price adjustment, provided that a period of over four months lies between
        conclusion of contract  and delivery. Repairs are only carried out against advance payments or cash on delivery.
2.     All prices mentioned on the Vendor’s website refer to appropriately current prices excluding VAT. Despite the careful drawing up
        of prices, the Vendor is not liable for possible printing errors or incorrect price specifications. The prices which are confirmed in
        writing by the Vendor to the Purchaser are always valid.

§ 7     Payment

   1.    The deliveries and services of the Vendor are, insofar as nothing else has been agreed upon, to be paid within 30 days of the
       date of invoice. In case of opening transactions and new clients, the Vendor reserves the right to only deliver deliveries against
       advance payment or cash on delivery. The goods are also regarded as delivered when they are not recalled immediately by the
       Purchaser after he has received information on the dispatch disposition of the Vendor to the Purchaser. It is a prerequisite that
       all previous invoices are already paid by the Purchaser when discounts are granted. The net invoice amount after deduction of
       VAT, discounts, transportation charges etc. is significant for the calculation of discounts. The Vendor is not obligated to accept
       checks or bills of exchange. Payment by the Purchaser via check is only regarded as valid after its encashment. It is also
       regarded as valid when a credit note has been placed on the Vendor’s bank account as a transacted payment. The claim and its
       payment date remain unaffected till this point in time. The Vendor accepts no warranty for the timely encashment and protest.
       Possible discount, protest and collection charges are charged to the account of the Purchaser. If numerous claims against the
       Purchaser are in existence, then the Vendor determines the setting off of incoming payments.
2.    In the case of payment delay by the Purchaser, the Vendor is entitled to exercise the following rights:
       2.1    withdrawing from the contract or demanding damages due to non-fulfilment, exercising retention of title, taking on ownership
                of delivered goods, demanding securities, utilising securities provided and demanding all outstanding payments immediately.
                The Vendor also has the right to have receivables entered in the retention of title register at the expense of the Purchaser
                without further announcements being made to the Purchaser. In case of delay, goods delivered by the Vendor are to be
                stored separately and labelled clearly as being the property of the Vendor. The goods delivered to the Purchaser by the
                Vendor are not allowed to be further sold or pledged.
       2.2    The Vendor can charge the Purchaser default interest for outstanding receivables from the payment date to the amount of at
                 least 1% per month as well as for all costs required for the collection of outstanding receivables. Alterations in the business
                 form of the Purchaser, ownership or other circumstances affecting economic conditions as well as address changes of the
                 person or the economic conditions of the Purchaser entitle the Vendor according to his evaluation and choice.
                 a)   demanding payment or provision of securities as a result of due or deferred claims from all existing contracts.
                 b)   refusing fulfilment of existing contracts till advance payment or provision of securities, withdrawing from the contract or
                       demanding claims for damages due to non-fulfilment.
3.    Offsetting and deferment are excluded, also in case of assertion of warranty claims, unless the claim is undisputed or has been
       determined legally binding.

§8      Retention of Title

   1.     Up to payment of all claims from the business connection including possible refinancing or reverse bill of exchange, the Vendor
        reserves the right to ownership of all goods deliveries, which are only allowed to be disposed of in proper business dealings.
2.     The Purchaser acquires no ownership of the completely or partially processed items due to the processing of these goods. The
        processing of these goods is only carried out free of charge for the Vendor. Should the retention of title still expire due to certain
        circumstances, then Vendor and Purchaser are already agreed that the ownership of goods with processing is to be transferred
        to the Vendor, who accepts the overall agreement. The Purchaser remains their gratuitous custodian.
3.    On processing goods which are still owned by others, the Vendor acquires co-ownership of these new goods. The extent of this
        co-ownership is determined by the relationship of the invoice value of the goods delivered by the Vendor to the invoice value of
        the remaining goods.
4.     The Purchaser thus assigns the claim from further sale of the goods subject to reservation of title to the Vendor when the goods
        have been processed. When the processed product only receives goods, alongside goods subject to retention of title belonging
        to the Vendor, which either belonged to the Purchaser or which were only delivered under so-called simple retention of title then
        the Purchaser cedes the total purchase price claim to the Vendor. In other cases, i.e. on meeting advance cessions to numerous
        suppliers, the Vendor is entitled to a fraction of the claim according to the relationship of the invoice value of his goods subject to
        reservation of title to the invoice value of the other items to be processed.
5.     When the total claims of the Vendor are doubtlessly secured by such cessions to over 125% then the surplus of accounts
        receivable is released by request of the Purchaser after selection by the Vendor.
6.     The Purchaser can, as long as he meets his payment obligations to the Vendor, collect accounts receivable till cancellation. The
        right to further sales or processing of goods and the collection of accounts receivable expires with the expiry of payment,
        application for or opening of insolvency proceedings, judicial or extrajudicial composition proceedings, check or bill of exchange
        protest or completed distraint. Subsequent incoming ceded accounts receivable are then immediately to be collected onto a
        special   account.
7.     Possible withdrawal of goods always only takes place as a precaution; this does however not mean a withdrawal from the
        contract, even when subsequent instalments are granted.

§ 9     Guarantees

   1.    There is a guarantee of at least 12 months as of entering the order on the products offered by the Vendor. A longer guarantee
        period is also in part granted depending on the manufacturer. The guarantee refers to material flaws in the products offered by
        the Vendor, but not to workings or possible consequential damages.
2.    The guarantee period begins on the date of delivery. If operating or maintenance instructions are not followed, alterations to the
        product carried out, parts exchanged or consumables used, which do not meet original specifications, then the guarantee does
        not apply.
3.     The Purchaser is to convey flaws immediately but at the latest within a week of receiving the object of delivery in writing to the
        Vendor. Flaws which could not be discovered during this period also after careful inspection are to be conveyed to the Vendor in
        writing immediately after having been discovered.
4.     In case of a notification by the Purchaser that the products do not meet the guarantee stated, then according the Vendor either
        demands that
        a)      the faulty part or device is sent for repair and then returned to the Vendor;
        b)      the Vendor holds ready the faulty part or device and a service technician of the Vendor is sent to the Purchaser in order to
                 carry out the repair work.
        If the Purchaser demands that work carried out under guarantee takes place on site, then the Vendor can meet this demand
        whereby parts falling under the guarantee are not calculated while expenses such as working hours and travelling expenses are to
        be reimbursed to the Vendor.
5.     If a subsequent improvement fails after the appropriate deadline, then the Purchaser can either demand the reduction of
        remuneration or cancellation of the contract.
6.     Liability for normal wear and tear is excluded. The Vendor is not liable for flaws in the functioning of devices, when the installation
        and / or start-up of the device is not carried out by the Vendor or a representative authorised by the Vendor.

   7.     Software products
       that have been opened are not subject to guarantee and cannot be withdrawn.

§ 10   Place of Execution and Place of Jurisdiction

   1.     Swiss law is regarded as agreed upon for this business relationship and the complete legal relations between Vendor and
           Purchaser.
   2.    The place of jurisdiction – 6370 Stans NW, Switzerland - is regarded as agreed upon for disputes arising from the legal relations
          concluded between the Vendor and Purchaser.
   3.    Should a regulation of this business condition or a condition within the framework or other agreements be ineffective or become
          ineffective then the effectiveness thereof of all other regulations or agreements is not harmed. The Swiss law of obligation is
          principally valid in cases of doubt or non-defined regulations.
 

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Conditions d'livraison et d'expédition

Les prix indiqués sur notre site web en Francs Suisse & Euro s’entendent sans TVA et départ entrepôt Nautic Electronics GmbH,
frais pour transport et emballage non compris. Pour les ventes en Suisse, la TVA correspondant au prix indiqué est également facturée.
A l’étranger, les livraisons s’effectuent au prix de vente indiqué sur le site, aucune taxe légale ne venant s’ajouter au prix de vente.

Toute prestation complémentaire sera facturée en frais réels à moins d’avoir fait l’objet d’un accord particulier. Le prix facturé est alors
celui en vigueur au jour de la livraison. Dans le cas d’une augmentation des prix et coûts entre la passation de la commande et la livraison,
 Nautic Electronics GmbH est en droit de réviser les prix en proportion si un laps de temps supérieur à 1 mois s’écoule entre la commande
et la livraison. Nautic Electronics peut changer les prix sans notification.

Pour les nouveaux clients et les réparations, Nautic Electronics se réserve le droit de livrer uniquement contre payement anticipé ou
contre remboursement.

Le matériel livré et les prestations effectuées par Nautic Electronics GmbH sont payables au plus tard à 30 jours date de facture net,
sauf accord contractuel différent. La marchandise est considérée comme livrée même si le client ne la fait pas enlever immédiatement
après avoir été averti qu’elle était prête à l’enlèvement ou s’il a refusé de réceptionner un envoi contre remboursement.

Pour un envoi d’une valeur inférieure à CHF 50,00 Nautic Electronics GmbH peut exiger un supplément de CHF 25,00 en fonction du genre
d’approvisionnement concerné. Les risques inhérents au transport passent à l’acheteur dès enlèvement de la marchandise à l’entrepôt de
Nautic Electronics GmbH. A la demande du client, Nautic Electronics GmbH peut conclure une assurance transport à ses frais. Pour des
livraisons express NE veut demander un montant du CHF 10.--.

Les frais d’emballage, taxes éventuelles et le transport sont facturés au client en frais réels.

Si aucun accord particulier en matière de transport n’a été conclu entre Nautic Electronics GmbH et l’acheteur, Nautic Electronics GmbH
s’efforcera de choisir la méthode de transport qui lui semble la plus appropriée. Les logiciels dont l’emballage a été ouvert ne sont pas
 repris.