GTC

Validity

All orders shall be executed based on the following General Terms and Conditions, unless otherwise expressly agreed in writing by Tracomme AG (hereinafter referred to as “Tracomme”). By placing an order, the customer acknowledges and accepts these Terms and Conditions (hereinafter “Tracomme GTC”). Deviating or supplementary purchasing conditions of the customer shall only apply if expressly confirmed in writing by Tracomme. If the customer’s terms and conditions accepted by Tracomme do not address certain matters that are covered by the Tracomme GTC, the respective provisions of the Tracomme GTC shall apply.

Prices

Our quoted prices are non-binding recommended retail prices valid for Switzerland. Only the written order confirmation by Tracomme is decisive for the acceptance of the contract and the scope of delivery. All prices are in Swiss francs and exclusive of value-added tax (VAT). Prices are subject to change.

Delivery

Delivery is made subject to the applicable shipping costs. In the event of delivery delays due to minor negligence or force majeure, any claims by the customer are excluded. In the case of gross negligence or intentional delay, statutory rights remain unaffected.

Installation

If installation is contractually agreed, the customer is responsible for informing Tracomme in good time about all relevant on-site conditions, such as physical requirements, installation possibilities, opening and working hours, access options, etc. If work must be carried out outside regular working hours, the resulting additional costs will be charged. Any additional costs arising from delays, interruptions, or schedule changes not caused by Tracomme will be billed to the customer.

Payment Terms

Payments for goods must be made within 30 days from the invoice date without any deduction, unless otherwise agreed. Payment is deemed to have been made only once the amount is credited to Tracomme’s bank or postal account. The customer bears the risk of payment transfer until full crediting to Tracomme’s account. In the event of late payment, Tracomme is entitled to charge default interest at 5% p.a. No cash discounts are granted, even if prepayment or payment without direct service is made. For new business relationships, Tracomme may request advance payment or guarantees. Advance payment may also be requested if payment deadlines are exceeded or doubts arise regarding the customer’s creditworthiness; in such cases, granted payment terms may be revoked. If individual items in collective invoices are disputed, the customer is still obliged to pay all undisputed items within the period stated on the invoice.

Complaints

The customer must check the goods immediately upon receipt to ensure that quality and quantity conform to the contract. Any transport damage must be reported to the carrier immediately so that a damage report can be prepared. Defects that are identifiable through proper inspection, or the delivery of incorrect goods or quantities, must be reported within 8 days of receipt. Hidden defects must be reported immediately after discovery and no later than six months after receipt of the goods. Failure to notify in due time shall be deemed acceptance of the goods with regard to both quality and quantity. Complaints do not release the customer from the obligation to pay.

Returns, Exchanges and Supplementary Deliveries

Goods may only be returned with Tracomme’s express consent. No returns will be accepted without prior written approval. For incorrect orders by the customer, a restocking and handling fee of 20% or the actual incurred costs will be charged. If the customer timely and justifiably reports a defect or incorrect delivery, Tracomme will, at its discretion, either exchange the goods or refund the purchase price. If the replacement delivery is also defective, the customer has the right to rescind the contract or request a price reduction. For timely reported shortages, Tracomme may choose between subsequent delivery or issuing a credit note. Claims for damages by the customer due to delay or impossibility caused by Tracomme’s fault are—except in cases of intent or gross negligence—limited to the invoice value of the goods that were not delivered or delivered late. In the case of gross negligence, liability is limited to the foreseeable damage that Tracomme could reasonably have anticipated as a result of the breach.

Warranty on Devices

The warranty period begins on the day of delivery and lasts 12 months, unless otherwise agreed in writing. In the event of a valid warranty claim, devices that are proven to be defective due to material or manufacturing faults will, at Tracomme’s discretion, be repaired or replaced free of charge. The warranty does not cover wear parts, spare parts not installed by our staff or the manufacturer, breakage of glass, glass-ceramic or ceramic materials, or damage resulting from failure to follow maintenance and operating instructions. The warranty claim shall lapse if the customer breaches contractual obligations or if repairs or modifications are carried out by unauthorized persons.

Warranty on Services and Repairs

The warranty on services provided by Tracomme is 6 months, unless otherwise agreed in writing. The warranty period begins on the date the service is performed and covers only the parts replaced during repair or maintenance. Costs for disassembly, assembly, transport and travel are borne by the customer unless otherwise agreed in writing. For devices that may have been exposed to pathogens and/or blood components, the customer must confirm prior to work commencement, via a signed declaration of harmlessness, that the device poses no danger. Liability claims resulting from lack of decontamination will be charged to the customer or end user. Spare parts are invoiced at current list prices and may be new or refurbished. Replaced defective parts become our property; replacement parts become the customer’s property once fully paid.

Technical Documentation and Data Protection

Technical documentation and confidential service manuals are generally not provided to the customer. Tracomme retains ownership and all intellectual property rights to cost estimates and quotations. The customer or supplier may only use such documents as agreed with Tracomme. All non-public information obtained from the business relationship with Tracomme must be kept confidential. The transmission of customer or supplier data to Tracomme partner companies or third parties will only take place if and to the extent necessary for proper performance of services (e.g. order processing). The customer consents to the use of their data for this purpose. Furthermore, the customer has the right to access their stored data upon request.

Liability

Subject to any statutory liability under Swiss law, the customer shall bear full and sole responsibility for any personal injury or property damage resulting from use of the delivered goods. Tracomme shall not be liable for financial loss caused by defective devices, including but not limited to loss of contents, production downtimes or loss of profits. The customer undertakes to ensure that standard care practices are followed when using the delivered equipment.

Non-Binding Advice

Tracomme provides application-related advice to the best of its knowledge and capabilities, but without obligation or guarantee. This applies especially with regard to the observance of third-party intellectual property rights. Any suggestions or recommendations made by Tracomme do not release the customer from the responsibility of independently testing the suitability of the recommended equipment and/or methods for the intended use.

Retention of Title

All deliveries are subject to retention of title. Ownership of the goods shall not transfer to the customer until all claims from the business relationship have been settled. The assertion of retention of title does not constitute withdrawal from the contract.

Jurisdiction

The place of jurisdiction is the registered office of the company. In case of dispute, only the German version of the General Terms and Conditions shall be legally binding.

Schlieren, June 2025