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Terms & Conditions
Pricing
Upgrade Solutions Ltd. (USL) issues all direct pricing quotes excl. Swiss MWST (VAT), FOB CH-5033 Buchs.
Times of Delivery / Delivery Dates
At all times, USL will make statements and commitments referring to delivery dates only and persistently based on current product stock, experience relating to normal stock replenishing cycles, and/or in special cases in consideration of specific information received from manufacturer partners. Without exception, USL will always do its very best in order to meet the delivery dates communicated to customers.
Due to the obvious direct depencence on its manufacturer partners (suppliers) - but also in view of possible incidents caused by third parties or by force majeure - USL statements on times or dates of delivery will always be non-binding. At all times, Upgrade Solutions Ltd. (USL) shall therefore remain free of any legal obligation to deliver. Consequently, USL explicitly rules out and excludes any legal claims for damages placed in connection with delays in planned deliveries.
Extent of Delivery / Objections
Complaints referring to the delivery extent of goods, to damages, or loss of a delivery or part of such are to be communicated to Upgrade Solutions Ltd. (USL) in writing within 8 working days following delivery or planned delivery. After this period of time, every USL delivery is regarded as accepted by recipient.
Warranty Regulations / Handling in Warranty Cases
Upgrade Solutions Ltd. (USL) warrants that it delivers its products in fully functional condition (according to the product specifications made by manufacturers / suppliers). USL does not offer any warranties beyond this (as for example for functionalities within a certain system or application). USL offers its customers strictly and exclusively the same product warranties it receives from its suppliers. Any other, additional USL warranties are subject to individual separate agreements in writing and cover individual, isolated purchase cases only. In particular, Upgrade Solutions Ltd. (USL) does not accept any legal liabilities for direct or indirect consequential damages caused in connection with the use of products sold.
Warranty indemnifications are always subject to proper and reasonably intended use. USL excludes claims for all damages resulting from unintended exterior influences and improper or unqualified use.
USL does not accept warranty claims brought forward by third parties. Without exception, warranty claims are to be made and handled via direct USL customers (invoice address). The original USL invoice will serve as warranty document.
Warranty cases are to be communicated to USL by phone, fax or email, under specification of the part No. and description of the defect or malfunction. Upon receipt of all necessary information, USL will issue the customer with an RMA No. in writing. The USL document containing the RMA No. is to be included in the customer return shipment for proper identification. If the returned material is entitled to warranty handling under the products warranty specifications, USL will either replace the defective material or issue a credit note at its own free choice.
Other Return Shipments / Special Cases
USL reserves the right to accept return material other than such which is justified under a products existing warranty specifications. In such case, the USL customer contacts his USL account manager and asks for a special non-warranty return. USL will always do its very best to accomodate such special requests, if they are in keeping with feasible and normal long-term business considerations. If USL can accomodate and comply, a special, separate RMA No. is issued in writing, based on which the customer can return the goods authorised for return, accompanied by the USL RMA document and at his own expense.
For the exchange or credit of any such extraordinary non-warranty product return, USL will charge a minimum restocking fee of 15 % of the product value, or at least CHF 20.--, whichever is higher. Product value basis for the exchange or credit note will always be customers special USL price for the returned products, valid on the day of arrival on USL's premises. Damaged products, missing, damaged or marked original packaging, missing original product accessories etc. will automatically increase the obligatory restocking fee due.
Support
Every product purchased from USL entitles the direct purchaser (invoice address) to a normal industry level support. USL's support division can be reached during normal business hours at 062 - 834 07 77 (phone), 062 - 834 07 78 (fax) or via email support@usl.ch. USL does not provide support directly to end users.
Domicile
Only and exclusive domicile for legal issues will be CH-5033 Buchs, Switzerland.
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