General Terms and Conditions
These General Terms and Conditions are applicable between any individual or legal entity entering into business with e-Durable SA (referred to as “e-Durable” below), a Swiss registered company in the Canton of Vaud (IDE-CHE-284.344.340).
By purchasing goods, acquiring licences or receiving any other services from e-Durable, an individual or a legally represented entity (referred as “Client” below) agrees to be bound by the present General Terms and Conditions.
1. Version and Date of Validity
These current General Terms and conditions, V2017_1.1 are dated 4 May 2017 and replace any other previous version for any new contract or purchase executed after this date.
In the absence of a written offer, proposal or commitment signed and submitted by e-Durable and then formally accepted by the Client, the present General Terms and Conditions shall apply.
In case a commercial offer or a commercial proposal has been signed by a registered representative of e-Durable and formally accepted by the Client and such offer contains different conditions the accepted offer’s terms shall take precedence over the present General Terms and Conditions. Commercial offers or proposals shall take precedence only for the specified Terms and Conditions such offer or proposal contains. All other General Terms and Conditions remain fully applicable if not present or not specified otherwise in a commercial offer or proposal.
3. Quotes, Commercial Offers
All quotes, commercial offers and proposals are valid for 10 calendar days unless specified otherwise. All quotes are confidential, and cannot be reproduced, copied or transmitted to any third party without prior written consent from e-Durable.
4. Standard Contract Duration
Unless stated otherwise, the contractual duration is 12 months from the first day of the month following the date of signature, and will be automatically renewed unless a termination notice is given 3 months in advance.
5. Cancellation of Subscriptions
In the case of the cancellation of a subscription by the Client before the end of the contractual period and for a reason other than the subscription to a higher value subscription all remaining months or remaining contractual periods are due and will continue to be billed as scheduled until the end of the original subscription contractual period. The Client may request a lump termination sum corresponding to the total sum of all remaining future payments of the active subscription.
6. Termination of Fixed price Services
In the case of a fixed price service contractual agreement being terminated by the Client for reasons other than material breach, the cancellation fee corresponding to the accumulated time and material not already invoiced but already performed by e-Durable’s appointed personnel or resources will be applied with an added 10% penalty.
7. Aggregate Liabilities
In the absence of a written liability clause e-Durable’s aggregate liabilities for a given contract or accepted offer is limited to the total accepted offer value or total contract value.
8. Billing of Time
Time is calculated in 15 minutes increments from the moment the e-Durable appointed personnel begins work.
9. Time Charges outside of normal business hours
Unless otherwise specified all work will be charged at 150% of standard or contractually agreed tariff after 20:00 and at 200% of the standard or contractually agreed tariff between 23:00 and 06:00, as well as for work on Sundays and public holidays.
10. Public Holidays
All public holidays are the Official Public Holidays of Vaud, Switzerland.
11. Travel Fee and Travel Time
Travel time and costs will not be billed for any client holding a valid subscription, and when work is scheduled at least 24 hours in advance. If less than 24 hours’ notice is given and a valid subscription is active travel will be billed at a flat fee of CHF 49.- excluding taxes.
In the absence of a valid subscription, a flat fee of CHF 99.- including VAT will be charged for travel in Suisse Romande.
For emergency interventions with less than 12 hours’ notice, travel time of the appointed personnel will be billed at 50% of the applicable standard or contractually agreed hourly rate and in addition to the travel fee as stated above.
12. Supply of Hardware
No cancellation of hardware supply purchase orders are possible once the order has been placed and confirmed by the Client.
Unless specified otherwise, hardware orders are valid only with the payment of 50% of the total amount at the time of order.
e-Durable complies with Swiss law for any return of hardware purchased.
e-Durable is able to accept returns where it holds a particular agreement with the wholesaler or supplier, in which case the Client will benefit from the return policy.
13. Payment Terms and Conditions
The standard billing schedule is as follows:
Subscriptions: Billed one month in advance
Hourly Fees: Billed monthly, at the end of each calendar month
Travel Time: Billed monthly, at the end of each calendar month
Travel Fees: Billed monthly, at the end of each calendar month
Payments, unless otherwise agreed, are to be made within 10 calendar days from the invoice date.
In absence of payment received before the invoice due date the Swiss default legal interest rate shall apply.
e-Durable will send reminders for overdue invoices and a CHF 30.- (tax inclusive) collection fee is applied for the first reminder and CHF 100.- (tax inclusive) fee for the second reminder.
Payment can be made by bank transfer, including international bank transfer, with any associated costs of the transfer being covered by the Client.
14. Applicable Law and Jurisdiction
These Terms and Conditions are governed by the laws of Switzerland, Canton de Vaud, 1260 Nyon.