The general terms and conditions of Scambia Patent Services GmbH in Reinach BL are listed below.
1) Scope
Deliveries and services provided by Scambia Patent Services GmbH are carried out exclusively under these general terms and conditions. By placing an order, these terms and conditions are considered accepted by the client (hereinafter referred to as the customer). Deviating terms and conditions of the customer are not part of the contract, even if Scambia Patent Services GmbH does not separately contradict them. Different conditions are included in the separate contracts (e.g.: license agreements) drawn up with the customer.
2) Scope of services
These general terms and conditions concern the implementation of coaching and consulting, the provision of information as part of research, and the use of the software tools Tegnosis, RIport and assires. The use of the software tools is regulated by an “end user license agreement”. For a precise definition of the services, the customer receives an offer on the basis of which an order can be placed.
3) Prices
The prices stated in the offer are decisive. Price adjustments for the use of the software tools will be notified to customers 12 months (standard license period) before a license is renewed.
4) Confidentiality
The information, documents or factual parts provided by Scambia Patent Services GmbH by the customer to prepare or carry out services are kept confidential and neither made available to third parties nor used for own commercial purposes or other clients without prior agreement.
5) Delivery and service delays
Delivery and performance delays due to force majeure and hindrances that significantly impede or make it impossible to carry out coaching and consulting, delivery of research or use of software tools — including in particular longer-term restrictions in the availability of data sources — will be notified to the customer immediately. If the impediment to performance persists for an indefinite period of time, Scambia Patent Services GmbH is entitled to withdraw from the contract. In this case, customers who use software tools have the right to cancel early and claim a refund of the license price per rata.
6) Payment terms
Unless otherwise agreed, the invoice amounts are due without deduction within 30 days from the date of the invoice. If the customer defaults on payment, Scambia Patent Services GmbH is entitled to charge default interest in the amount of the legally valid default interest rate.
7) Liability and warranty
Deliveries and services are carried out with due care. Should errors or defects nevertheless arise, the defects will be remedied free of charge or compensation up to a maximum of the order value. Further warranty and compensation claims are excluded, unless the damage was caused intentionally or through gross negligence. No warranty and liability is assumed for the accuracy of the information retrieved from databases and other data sources for information purposes. The provisions of the database manufacturers and providers apply to the respective content. The above claims expire within one year from the date of delivery, unless otherwise stated statutory limitation periods are provided for.
8) Jurisdiction
The place of jurisdiction is Arlesheim BL, Switzerland.
9) Salvatory clause
The invalidity of individual provisions has no influence on the validity of the other provisions of these general terms and conditions. In this case, the parties commit themselves to concluding an agreement that comes closest to the void provision. If such a provision is not reached by mutual agreement, the corresponding legal regulations apply to this provision.