Swiss Logistics Platform GTC
General Terms and Conditions
These binding terms and conditions aim to regulate the business relationship between you and the Swiss Logistics Platform in a fair manner while taking the interests of all parties into consideration.
- The bluesun stock corporation (hereinafter referred to as "bluesun") is responsible for all concerns relating to the Swiss Logistics Platform.
- bluesun renders all services solely on the basis of these General Terms and Conditions (hereinafter referred to as "GTC"). A client is any natural person or legal incorporation who has concluded a contract with bluesun.
- We do not recognize the client's GTCs insofar as these deviate partly or in full from these General Terms and Conditions unless we have given our express agreement in writing. These General Terms and Conditions shall also apply exclusively if we render our services without reservation in knowledge of our client's conflicting GTCs.
- Amendments to these General Terms and Conditions shall come into force 14 days after publication on www.logistikplattform.ch/gtc insofar as the client does not appeal against the respective amendment no later than 14 days after publication.
- bluesun guarantees the professional rendering of services within the scope of the operating resources at its disposal. bluesun may call upon third parties for assistance in rendering its services.
- The scope of services offered is given in the client information linked or associated with the order form, i.e. in particular in the respective brochure, in the Internet services of the Swiss Logistics Platform current at the time the order was placed, or in the information supplied with any other service.
- Should the client make texts, images, graphics or other elements available for publication, the client shall bear sole responsibility for ensuring that these elements are not subject to third-party rights conflicting with the proposed type of use. In the event of third parties asserting rights associated with such elements, the client shall undertake to release bluesun from all third-party claims.
- The fee for any rubric-related publication shall become due for payment in advance on the first day of each month, quarter or half-year. Membership is taken out for an unrestricted period. It can be terminated by either party by giving notice six months before the end of each calendar year; the minimum period of membership is two years.
- Translation work: the basis for calculation is the number of characters incl. space characters in the translated text. Objections should be lodged no later than 30 days after publication/receipt.
- In the event of deficient performance, bluesun's maximum liability shall amount to no more than the fees already paid as part of its duty of subsequent improvement or, in the event of the client's justified withdrawal from the contract, the payments to be returned. All liability for damages caused by delays, futile expenses, loss of profits, activities or other damages arising from deficiencies are herewith waived insofar as legally admissible.
- Due to the nature of the Internet as a non-hierarchical network, the round-the-clock public availability of the publications stored on the Swiss Logistics Platform cannot be guaranteed. bluesun can accept no responsibility for technical disruptions or developments outside its sphere of influence. However, bluesun guarantees that its own computer systems shall be available online for an annual average of at least 99% of the time. bluesun accepts no liability for disruptions to operations serving the remedy of defects, maintenance, the implementation of new technologies or similar purposes.
- Should the customer fail to meet his payment obligations within the payment deadline, he shall after the expiry of this deadline be deemed to be defaulting on payment before any reminder is issued, and shall pay interest on the arrears amounting to 1% per month. Moreover, bluesun shall be entitled to claim the reimbursement of costs for reminders and other activities, i.e. also the reimbursement of costs pertaining to external legal consultants and service providers employed to carry out collection if need be. Moreover, should the issue of a reminder and the setting of a new deadline be unsuccessful, bluesun reserves the right to withdraw from the contract and claim further compensation.
- bluesun reserves the right to amend the fees at the beginning of any new accounting period.
- Should terms or conditions in these GTC and/or the contract be or become invalid, this shall not affect the validity of the remaining terms and conditions. Instead, any invalid term or condition shall be replaced by a substitute term or condition serving the economic purpose of the original term or condition exactly or at least as closely as possible, as would have been arranged by the parties if they had known that the original term or condition was invalid. The same shall apply to incomplete terms and conditions.
- The contractual relationship and all claims arising from or in connection with this exchange of services are subject to Swiss law. Basle (Switzerland) is the sole and exclusive place of jurisdiction for all disputes connected with such claims.
Swiss Logistics Platform, March 15, 2007
