General Terms and Conditions of FLYING SUPPORTER GmbH

1 Validity of the conditions
The deliveries, services and offers of FLYING SUPPORTER GmbH are made exclusively on the basis of these terms and conditions, even if they are not expressly agreed again. These terms and conditions shall be deemed accepted upon ordering the goods or services. Any general terms and conditions of purchase of the buyer are hereby rejected. Deviations from these terms and conditions shall only be effective if we confirm them in writing.

2 Offer and conclusion of contract 

The offers made by FLYING SUPPORTER GmbH in price lists and advertisements are subject to change and non-binding. Orders are only binding for FLYING SUPPORTER GmbH after written confirmation. Order confirmations shall only be issued upon express request. The information in our sales documents (drawings, illustrations, dimensions, weights and other services) are only to be understood as approximate values and do not constitute a guarantee of properties unless they are expressly designated as binding in writing. If a buyer exceeds his credit limit by placing an order, we shall be released from our obligation to deliver.

3 Prices
The prices stated in our order confirmation are authoritative. These are fixed for goods in stock at the time of the order. In the event of delivery bottlenecks and orders, the current price on the order date shall apply. Unless otherwise agreed, the prices are exclusive of transport costs, incl. 7.7 % VAT.

4 Delivery and performance time
Dates and delivery periods are non-binding unless expressly agreed otherwise in writing. The specification of certain delivery periods and delivery dates by FLYING SUPPORTER GmbH is subject to the correct and timely delivery to FLYING SUPPORTER GmbH by suppliers and manufacturers.

5 Default of acceptance
If the buyer refuses to accept the delivery items or declares that he does not wish to accept the goods after expiry of a period of grace granted to him, FLYING SUPPORTER GmbH may refuse to fulfil the contract and claim damages for non-performance. FLYING SUPPORTER GmbH is entitled to demand either a lump sum of 25 % of the agreed purchase price or compensation from the buyer for the actual loss incurred.

6 Delivery
Visible differences in quantity must be reported to FLYING SUPPORTER GmbH and the carrier in writing immediately upon receipt of the goods, concealed differences in quantity within 4 days of receipt of the goods. Complaints regarding damage, delay, loss or poor packaging must be made immediately upon receipt of the goods.
to declare a consignment of goods.

7 Transfer of risk
The risk shall pass to the buyer as soon as the consignment has been handed over to the person carrying out the transport. If dispatch is delayed or becomes impossible through no fault of our own, the risk shall pass to the buyer upon notification of readiness for dispatch. Any assumption of transport costs by FLYING SUPPORTER GmbH agreed in individual cases shall have no influence on the transfer of risk.

8 Warranty
The warranty period in accordance with the following provisions is 1 year, unless expressly agreed otherwise in writing. The warranty period begins on the date of delivery. If our operating or maintenance instructions are not followed, changes are made, parts are replaced or consumables are used that do not correspond to the original specifications, any warranty shall be void if the defect is attributable to this. This also applies if the defect is due to improper use, storage and handling of the devices, or unauthorised intervention or opening of devices. Insignificant deviations from warranted characteristics of the goods do not trigger any warranty rights. Liability for normal wear and tear, as well as consumables/accessories/used batteries/rechargeable batteries is excluded. Warranty claims against FLYING SUPPORTER GmbH are only available to the direct purchaser and are not transferable.

9 Returns
For returns, we require that the defective part or device is sent or delivered to FLYING SUPPORTER GmbH for repair with a completed repair form and a copy of the invoice with which the device was delivered. The shipping costs shall be borne by the buyer. The replacement of parts, assemblies or entire appliances shall not result in a new warranty period. The warranty is limited exclusively to the repair or replacement of the damaged delivery items. When sending in the equipment to be repaired, the buyer must ensure that any data on the equipment is backed up by copies, as this may be lost during repair work.

10 Retention of title
The delivered goods shall remain the property of FLYING SUPPORTER GmbH until payment has been made in full and may be collected from the customer in the event of late payment. Access to the goods may not be denied by the customer.

11 Payment
Invoices are payable cash on delivery, cash or net within 10 days, unless otherwise agreed. Delivery is always carriage forward, i.e. at the buyer's expense by parcel post, forwarding agent or own vehicle, unless expressly agreed otherwise. Payment shall only be deemed to have been made when we can dispose of the amount. If the buyer is in default of payment, we shall be entitled to charge interest of 5 % from the relevant date. During the period of default, FLYING SUPPORTER GmbH shall also be entitled to withdraw from the contract at any time, to demand the return of the delivered goods and to claim damages for the cancellation of the contract. All claims shall become due immediately if the customer is in default of payment, culpably fails to fulfil other material obligations under the contract or if we become aware of circumstances which are likely to reduce the creditworthiness of the customer, in particular suspension of payments, pendency of composition or bankruptcy proceedings. In such cases, we shall be entitled to withhold outstanding deliveries or to fulfil them only against advance payment or securities.

12 Limitation of liability
Claims for damages arising from impossibility of performance, from breach of contract, from culpa in contrahendo and from tort are excluded both against us and against our vicarious agents, except in cases of wilful misconduct or gross negligence. No liability is accepted for consequential damage resulting from the use of the products.

13 Copyrights / Software warranty
If software is included in the scope of delivery, it is provided to the buyer solely for one-time resale or for his own use, i.e. he may neither copy it nor allow others to use it. Software is excluded from all warranty provisions on forms. The provisions of the manufacturer's licence agreement shall apply exclusively.

14 Data protection
FLYING SUPPORTER GmbH shall be authorised to process data about the buyer received in connection with the business relationship or in connection with this relationship, regardless of whether this data originates from the buyer himself or from third parties, in accordance with the Federal Data Protection Act. Personal customer data shall be treated confidentially and shall not be passed on to third parties.

15 Place of jurisdiction
Gretzenbach is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The legal relationship is subject to Swiss law.

Gretzenbach, 27.09.2007 - Flying Supporter GmbH, Management Board