General Terms and Conditions (GTC) of RAPID MANUFACTURING AG (Version 1.01 dated 27 April 2020)
 
Scope of validity: Without prejudice to any divergent individual agreements made in writing, these General Terms and Conditions (GTC) shall apply to all legal business relationships between RAPID MANUFACTURING AG and its customers.

Commencement of validity: by placing a purchase order for a product, by undertaking the purchase of a product or by issuing an order to RAPID MANUFACTURING AG, the customer accepts the full validity of these General Terms and Conditions.

Prices: All prices are understood to be in Swiss francs or euros, as agreed in each case, and payment must also be made in Swiss francs or euros respectively. Statutory value added tax, other statutory charges or taxes, additional charges and fees of a similar nature, shipping costs and costs of transportation insurance are not included in the prices and are charged additionally to the customer unless agreed otherwise.

Offers: Quotations are valid until the final date stated on them. Only quotations from our bexio order processing programme are binding, unless they have been explicitly flagged as non-binding. Quotations communicated by other means are deemed to be non-binding and subject to changes.

Payment arrangements: Invoices must be settled within 30 calendar days of the invoice date, without any deductions whatsoever. The customer is not authorised to make partial payments. Furthermore, the customer is not authorised to withhold payments on account of complaints, nor is the customer authorised to offset its debts to RAPID MANUFACTURING AG against other counterclaims vis-à-vis RAPID MANUFACTURING AG. In connection with larger orders, e.g. those which extend over a lengthy period, RAPID MANUFACTURING AG reserves the right to issue partial invoices or to request a flat-rate payment in advance.

Defaulted payment: The customer will be in default on expiration of the 30-day payment period, without further formalities. The default interest payable as from this point in time is 5 {57face1961d297b172f20d984d83e712a913f6ca0b2bfa7bb568c4e0cd92ed2f} per calendar year. In the event of additional requests for payment, the customer will be charged a flat-rate handling fee of CHF 20.00 in respect of each such request for payment in addition to the default interest already due at that time.

Retention of title: Until settlement in full of the outstanding purchase price payable, RAPID MANUFACTURING AG retains the right of ownership in respect of all products and services sold, and is authorised to submit the relevant application for an entry in the appropriate Register of Retention of Title, without the involvement of the customer and, therefore, unilaterally.

Deliveries: RAPID MANUFACTURING AG shall make every attempt within its power to adhere to the delivery periods stated by it, without providing any guarantee in this regard. Partial deliveries are permitted. The customer is not authorised to make fulfilment of its obligations arising from partial deliveries dependent on fulfilment of the entire purchase order. If delivery is defaulted, assertion of claims for damages by the customer is excluded in all cases. For deliveries outside of the common single market comprising Switzerland and the Principality of Liechtenstein, the customer is responsible for compliance with all relevant export and import regulations.

Discretion: The two parties shall not disclose to any third parties any information from the other party's business area which is neither generally accessible nor known, and they shall make every effort to prevent third parties from gaining access to such information. On the other hand, each party may continue to make use in its established activities of knowledge which it acquires in the course of handling the business transaction.

The parties shall also impose this obligation of confidentiality on their employees, staff and agents.

Data privacy: We refer to the currently valid Data Protection Guidelines on our website. Your personal data is mainly collected, processed and stored for correspondence with you, and for the purposes for which you have made such data available to us. Insofar as is necessary for the purposes of executing orders or handling enquiries submitted by you, we will also disclose information to our affiliated companies or to third parties. In making such disclosures, we will restrict ourselves to the information that is required for the purposes of executing the order. Our affiliated companies or third parties will in all cases be obligated to comply with the legislation on data privacy.

Force majeure: In all cases of force majeure, RAPID MANUFACTURING AG is fully exonerated from compliance with delivery periods but in such cases, the customer does not have the right to withdraw from the legal transaction and/or to assert claims for damages.

Warranty (guarantee): RAPID MANUFACTURING AG does not provide any warranty on fabricated items that are manufactured and/or finished.

Final provisions
 
Partial invalidity and amendments: The invalidity of individual sections of these General Terms and Conditions of Sale and Delivery or of the contracts between the parties which refer to the said General Terms and Conditions of Sale and Delivery shall not affect the validity of the other provisions. Amendments to these General Terms and Conditions of Sale and Delivery require the written consent of RAPID MANUFACTURING AG in order to be legally valid.

Choice of law and place of jurisdiction: All legal relationships between RAPID MANUFACTURING AG and the purchaser are governed by Swiss law. The place of jurisdiction for all disputes arising from or in connection with the individual delivery agreements is the registered office of RAPID MANUFACTURING AG, 8153 Rümlang/Canton of Zurich, Switzerland.