1. Validity

These general terms and conditions (GTC) of ONTRONIX apply to all goods and services if the customer expressly or implicitly accepts them. Terms and conditions pre-formulated by the customer, in particular purchasing conditions, are only valid if ONTRONIX has expressly beforehand accepted them in writing.

All changes to these Terms and Conditions are only effective upon written confirmation by ONTRONIX. For conditions not governed by these Terms and Conditions, the Swiss Code of Obligations applies.

2. Contract Conclusion

The contract for the delivery of goods or services is concluded upon receipt and acceptance of the written confirmation from ONTRONIX, even if tacit, or by delivery and acceptance by the customer.

Offers from ONTRONIX without a specified validity period (acceptance period) are non-binding. Leaflets, catalogs, the website, and information in technical documents are not binding, unless ONTRONIX expressly confirms their binding nature in writing.

3. Scope of Delivery and Services

The scope and execution of the goods and services are determined by the order confirmation or, if this is lacking, by the offer from ONTRONIX. If this is also unavailable, the customer's written order is valid.

Changes made by ONTRONIX to the order confirmation are permitted as long as the functionality is maintained or the same purpose is served.

In principle, the scope of goods or services is determined by the written, mutually agreed-upon terms of the contracting parties.

4. Prices

Unless otherwise agreed in writing, prices are net, ex works (EXW), in the currency offered, according to Incoterms, excluding VAT, freight, postage and packaging.

For deliveries abroad, any costs and charges, such as freight, insurance, export, transit, import and other permits, certifications, taxes, duties, fees, as well as all administrative costs associated with such costs and charges, are to be borne by the customer.

Price increases, larger exchange rate fluctuations, increased customs duties and additional fiscal burdens that occur during the performance of the contract entitle ONTRONIX to make price adjustments, which will, however, be communicated to the customer in advance.

Unless otherwise agreed in writing, the buyer shall bear all bank charges.

5. Terms of Payment

Unless otherwise agreed in writing, invoices are payable within 30 days of the invoice date, net, without any deductions. After the payment deadline has expired, default interest and reminder fees may be charged.

Payments may not be withheld or suspended by the customer in the event of complaints or other claims. The offsetting of any counterclaims is not permitted.

In case of late payment, ONTRONIX reserves the right to suspend further deliveries of goods and services until all outstanding invoices have been paid in full, even if they are not yet due.

If, after conclusion of the contract, ONTRONIX becomes aware of circumstances that negatively affect the customer's creditworthiness, ONTRONIX is entitled to provide the service only against prepayment.

6. Delivery Time

Where possible, binding delivery deadlines are specified in the order confirmation or other agreements. Unless otherwise agreed, the delivery period only begins once all official formalities such as export, transit, import and payment permits have been obtained and the payments and securities due at the time of ordering have been provided.

Subsequent changes to the schedule will be communicated in writing. The customer's right to withdraw from the contract or claim damages in the event of delayed delivery or performance is excluded. This exclusion does not apply to intentional misconduct or gross negligence.

7. Acceptance of Goods and Services

If no acceptance procedure has been agreed upon, the customer shall inspect the delivered goods and services immediately upon receipt for completeness, functionality and any transport damage, at the latest within 10 days. The customer has to report any defects immediately in writing.

If ONTRONIX does not receive a written notification specifying the exact defect after receipt of the goods or services, the delivery is considered approved by the customer.

Hidden defects that could not have been discovered during a proper inspection must be reported in writing immediately upon discovery, but no later than 5 days after discovery, specifying the exact defect.

If an acceptance procedure has been agreed upon, the parties conduct a joint acceptance test according to pre-defined criteria. An acceptance protocol is signed by both parties.

8. Flaws

ONTRONIX guarantees compliance with the required due diligence, as well as the promised properties and corresponding quality of its products and services. 

Excluded from liability for defects are errors and malfunctions for which ONTRONIX is not responsible, such as natural wear and tear, force majeure, improper handling, interventions by the customer or third parties, excessive strain, unsuitable operating equipment, disturbances caused by other machines and systems, unstable power supplies, special climatic conditions or unusual environmental influences.

​

For minor flaws that do not affect the use of the products and services, the customer will not make any claims. For significant defects, the customer will grant ONTRONIX a reasonable grace period to remedy the defects.

9. Order Fulfillment

An order is considered fulfilled when the goods or services have been handed over to the freight forwarder or carrier on the agreed delivery date, unless a different written agreement exists. Manufacturing and repair orders are considered fulfilled once the goods ordered or handed over for repair have been manufactured or repaired according to the customer's specifications by the agreed date.

Repair work is also considered fulfilled if restoring a functional condition is technically impossible, provided that ONTRONIX has exercised the necessary care and is not at fault.

Development orders are considered fulfilled when, after approval of the functional samples or prototypes by the customer and after any necessary corrections have been made, the final samples or prototypes, including the associated documentation, have been handed over by the agreed date.

The customer is obliged to immediately notify ONTRONIX of any transmission errors, incomplete transmissions or other ambiguities when transmitting electronic data.

10. Retention of Title

The delivered goods remain the property of ONTRONIX until all claims arising from the business relationship have been paid in full.

The customer authorizes ONTRONIX to register the retention of title at any time in the relevant retention of title register at the customer's place of business and undertakes to provide the necessary cooperation for this purpose.

The customer is obliged to inform ONTRONIX immediately in writing of any access by third parties, in particular of enforcement measures and other infringements on the property of ONTRONIX.

If the customer acts in breach of contract, especially if he fails to meet his payment obligations despite a reminder, ONTRONIX may, after setting a reasonable deadline, withdraw from the contract, demand the return of the goods still in its ownership and invoice the customer for any costs incurred as a result.

11. Warranty

The warranty and liability period is 24 months from delivery of the goods or completion of the service.

​

ONTRONIX guarantees that the necessary due diligence is exercised and that its products and services conform to the agreed specifications.

The warranty covers the free repair of devices that are defective due to design, manufacturing, or material defects. If ONTRONIX deems a repair insufficient to resolve the defect, it reserves the right to provide the customer with an equivalent replacement.

These warranty claims will be fulfilled exclusively by ONTRONIX in Münchwilen or its sales and service partners.

Under the warranty, there is no right to refunds or price reductions for our delivered goods or services, nor are there any amends for damages.

If replacement parts not supplied by ONTRONIX are used without prior consultation, the warranty expires on the date of their use.

No warranty claims exist for improper installation, use, operation or use not in accordance with the intended purpose, as well as for wear parts such as water, air filters, and liquids.

Consumables are not covered by the warranty. Their shelf life and service life are specified in the product specifications.

12. Warranty for Spare Parts

The warranty period for repaired or replaced spare parts is 6 months. If the warranty period for the originally delivered goods is longer than 6 months, this period also extends to the repaired or replaced spare parts.

13. Intellectual Property Rights

All intellectual property rights, including patent, design, copyright, trademark, name and company rights, as well as rights to products, know-how and all technical or commercial documents provided to the customer (e.g., drawings, diagrams), remain entirely with ONTRONIX. Unless expressly agreed otherwise in writing, the customer is not granted any rights of use or transfer.

14. Other Liability

ONTRONIX is liable under its liability insurance for demonstrable personal injury and property damage caused to the customer by ONTRONIX's fault.

All further claims for damages, price reduction, cancellation of the contract or withdrawal from the contract are excluded, unless mandatory legal provisions provide otherwise.

Liability for consequential damages, lost profits or other indirect damages is excluded, unless mandatory legal provisions of product liability stipulate otherwise.

15. Import and Export Controls, Sanctions

The customer acknowledges that deliveries are subject to national import and export control regulations and may not be sold, transferred or used for purposes other than those agreed without the respective import, export or re-export authorization from the competent authorities. The customer is obliged to comply with all relevant regulations.

The customer may not sell, export or re-export goods from ONTRONIX, either directly or indirectly, to any country where it would violate sanctions imposed by the competent authority at ONTRONIX's headquarters.

16. Validity, Place of Performance and Jurisdiction

Should individual provisions of these terms and conditions be wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.

 ONTRONIX reserves the right to change or introduce new provisions and other regulations concerning the relationship between ONTRONIX and the customer (e.g., data protection, use of the website) at any time.

The contracting parties undertake to replace ineffective provisions with provisions that come as close as possible to the economic purpose of the ineffective provision.

Changes and additions to these terms and conditions must be written to be effective.

The place of performance for delivery and payment, as well as the place of jurisdiction for all disputes between the parties, is the registered office of ONTRONIX AG, subject to mandatory, differing places of jurisdiction. The provisions of Swiss law apply.

​

These terms and conditions are written in German and English. In case of discrepancies, the German version shall prevail.
These terms and conditions are valid from April 2026 until further notice.