General Terms and Conditions

1. General

1.1. The following terms and conditions apply to all offers and all contract conclusions, including consulting and other contractual services. Deviations – even due to conflicting general terms and conditions of the contractual partner – are not valid unless they are expressly recognized in writing. Conflicting conditions contained in the buyer's order are superseded by the following terms and conditions.

1.2. Telegraphic, telex, and telephone orders, as well as those via fax, videotex, or the Internet, are only binding for the seller if they have been confirmed in writing, or if the goods have been delivered and/or an invoice has been issued. Oral statements by representatives and employees of the seller require written confirmation to be effective.

1.3. Offers and orders are non-binding until order confirmation and/or invoicing. This also applies to orders placed with the seller's representatives.

1.4. For orders from minors and persons under guardianship, the signature of the legal representative is required.

2. Delivery, Packaging, Delivery Periods

2.1. Delivery is at the risk of the customer. As soon as the goods have been properly handed over by the seller to the post office or other transport companies and forwarding agents, the risk passes to the buyer. All goods are insured against transport risks by the seller.

2.2. Shipment will be made in the manner deemed most suitable by the seller and in the most appropriate packaging. Any liability of the seller for the quality and nature of the packaging material is excluded. Special requests are at the buyer's expense. Packaging costs are included in the purchase price. However, packaging for large, heavy goods not packed by the manufacturer, e.g., empty enclosures, flight cases, foam, and drum cases, will be charged separately by the seller. The choice of packaging materials remains with the seller; liability of the seller for their quality and nature is excluded.

The seller offers special packaging for empty enclosures at an additional cost. Any liability of the seller for rejected claims for damages due to insufficient packaging is excluded.

2.3. Transport costs are to be borne by the buyer. Deviating regulations can be found in our current shipping conditions, which apply instead of the above regulation. The seller expressly reserves the right to change these shipping conditions at any time. There is no legal claim to the benefits mentioned in the shipping conditions. In case of doubt, the transport costs are to be borne by the buyer.

2.4. Partial deliveries are permitted unless expressly agreed otherwise.

2.5. The goods must be inspected immediately upon receipt by the customer or their agents for transport damage. The customer must have any damage to the packaging confirmed in writing by the transport company upon acceptance of the goods.

2.6. The seller will endeavor to fulfill the delivery without delay. After the expiry of the delivery period stated by the seller, a grace period for delivery of the same duration as the delivery period, but no longer than 18 days, will commence without further declaration. In cases of force majeure, labor disputes, official measures, and other unforeseen events that could not be avoided despite reasonably expected precautions – regardless of whether they occur at the seller, the supplier, or third parties – the delivery period or acceptance period will be extended appropriately by the duration of the hindrance, even if such events occur during an already existing delay.

If events in the aforementioned sense occur outside of a delay and delivery subsequently becomes impossible or unreasonable for the seller, the seller is entitled to withdraw from the contract. Claims for damages are excluded in the aforementioned cases.

2.7. If delivery has not been made in time and the buyer wishes to withdraw from the contract, they must set the seller a grace period for delivery of 3 weeks with the threat that after the expiry of the period, they will refuse fulfillment. The grace period for delivery is calculated from the date of receipt by the seller. Claims for damages due to non-performance of the contract are excluded.

2.8. In case of delay in delivery or performance, or impossibility of delivery or performance for which the seller is responsible, claims for damages due to non-performance are excluded, unless there is intent or gross negligence on the part of the seller.

3. Warranty

3.1. Complaints regarding incomplete or incorrect goods or recognizable defects must be submitted to the seller immediately, no later than 8 days after receipt of the goods, in writing.

Warranty claims can only be asserted if the delivery is immediately opened and inspected for obvious damage. In the event of damage or loss of the goods, the seller is obliged to obtain all documents to enable proof of damage.

3.2. In the event of defects or the absence of warranted properties that are demonstrably due to a circumstance preceding the transfer of risk, the seller is only obliged, according to their will, to grant a price reduction, to exchange or take back the goods, or to provide a warranty by repairing or correcting the delivered item. The seller is released from any other or further obligation. Defective items must be returned to the seller upon request. Replaced parts become the property of the seller. In the case of justified complaints, the seller bears the costs for the return shipment including transport insurance.

Defects or damage caused by faulty or improper handling or improper installation, as well as the use of unsuitable accessories or modification of original parts by the customer or third parties not authorized by the seller, or natural wear and tear, are excluded from the warranty.

3.3. Claims for damages within the scope of the warranty for consequential damages, breach of ancillary contractual obligations, consulting errors or tort against the seller or his vicarious agents are excluded, unless there is intent or gross negligence. Claims for damages due to the absence of warranted properties are excluded, unless the warranty included the avoidance of consequential damages. A warranted property only exists if this property warranty has been given to the customer in writing.

3.4. The seller grants a minimum of 6 months warranty on all devices and goods (except tubes, lamps, wear parts and used equipment) or, if applicable, the original manufacturer's warranty. The warranty period is 6 months. Within this warranty period, the seller bears the costs for spare parts and the labor time required for repair. The buyer is obliged to bear the costs for the return shipment to the seller. The seller bears the costs of reshipment to the buyer, including insurance.

After several unsuccessful repairs, carried out according to the above regulation, the buyer has the right to a replacement delivery or cancellation of the purchase (rescission). Insofar as there are no warranty cards for devices (especially for those originating from the USA or England), the seller's warranty promise is valid upon presentation of the invoice as proof. A manufacturer's warranty declaration that goes beyond that of the seller is not binding for the latter.

The buyer cannot assert further claims beyond the warranty claims regulated above. In particular, claims for damages due to consequential damages are excluded.

4. Damages

4.1. Claims for damages are limited in amount to the value of the delivered goods.

4.2. Claims for damages of any kind against the seller or his vicarious agents due to breach of ancillary contractual obligations, fault during contract conclusion or tort are excluded, unless there is intent or gross negligence.

5. Special regulations for delivery and installation of technical equipment

5.1. Offer

a) The offers correspond to the state of the art at the time the offer was created.

b) The inspection of the devices or parts listed in the offer, especially in connection with their function at the place of use and the possibly necessary observance of necessary regulations or influences, is the responsibility of the client.

c) If the functions or impressions or effects produced with our devices are not known or familiar to the client, they must convince themselves of this beforehand. A subsequent complaint due to different functions than imagined is not possible.

d) Installation material, fastening material, brackets, and other small accessories will be charged additionally based on effort. The same applies to travel to and from the site, working hours, drawing, and planning work. The recording of the aforementioned work is done internally. If the client wishes to receive regular reports during the execution of the order, they must explicitly inform this beforehand and ensure that these are regularly presented to them. Otherwise, the client agrees to this regulation and accepts the recording after the completion of the order or invoicing.

5.2. Liability for defects

The supplier is liable for defects in the delivery, which also includes the absence of expressly warranted properties, as follows:

a) All those parts that, within 6 months of commissioning, prove to be unusable or their usability is significantly impaired due to a circumstance prior to the transfer of risk - in particular due to faulty design, poor materials, or defective execution - must be repaired or delivered anew free of charge at the seller's discretion. The discovery of such defects must be reported to the seller immediately in writing. Replaced parts become the property of the seller. If shipment, installation, and commissioning are delayed through no fault of the seller, liability expires at the latest 12 months after the transfer of risk.

b) The client's right to assert claims for defects expires in all cases 6 months from the time of timely notification of the defect, but no earlier than the expiry of the warranty period.

c) No warranty is assumed for damages resulting from the following reasons: Unsuitable or improper use, faulty assembly or commissioning by the client or third parties, natural wear and tear, faulty or negligent handling, unsuitable operating materials, chemical, electrochemical or electrical influences, design errors, software errors, provided they are not attributable to a fault of the seller. Errors caused by improper operation, incorrect wiring or mechanical damage, or caused by repair attempts by technicians not authorized by the seller.

d) The client must grant the seller the necessary time and opportunity, after consultation with the seller, to carry out all repairs and replacement deliveries deemed necessary by the seller at his reasonable discretion; otherwise, the seller is released from liability for defects. Only in urgent cases where operational safety is endangered and to prevent disproportionately large damages, whereby the seller must be informed immediately, or if the seller is in default with the removal of the defect, does the client have the right to have the defect removed by himself or by third parties and to demand reimbursement of the necessary costs from the seller.

e) Of the direct costs arising from the repair or replacement delivery, the seller – insofar as the complaint proves to be justified – bears the costs of the replacement part including shipping, as well as the reasonable costs of removal and installation, and furthermore, if this can reasonably be demanded given the circumstances of the individual case, the costs of the possibly required provision of his fitters and assistants. Otherwise, the client bears the costs.

f) Defect removal work on large devices that cannot be shipped will be carried out on site, whereby travel costs will be charged, as these are not covered by the warranty claim. If service compensations have also been granted for such devices, travel costs and on-site working hours will be charged.

g) For the replacement part and the repair, the warranty period is 3 months. However, it runs at least until the expiry of the original warranty period for the delivery item. The period for liability for defects on the delivery item is extended by the duration of the operational interruption caused by the repair work.

h) Any improper changes or repair work carried out by the client or third parties without the prior consent of the seller shall void liability for the resulting consequences.

i) Further claims of the client, in particular a claim for compensation for damages that did not arise on the delivery item itself, are excluded, unless they are based on intent or gross negligence.

5.3. Products for which the seller acts as a reseller and whose distribution is carried out by other companies are subject exclusively to the warranty conditions of the sub-suppliers.

5.4. The remaining general terms and conditions apply accordingly.

6. Return of Goods

6.1. Delivered goods will only be returned if authorized in advance by DJ Discount AG, if the goods and original packaging are in perfect condition, and if the return shipment is sent freight prepaid to the seller's business address in Zurich. For goods returned without consent, the seller reserves the right to refuse acceptance! For software and goods that were manufactured at the special request of the customer or specially ordered because they are not standard stock items, a return is excluded.

6.2. For returned goods or goods taken back due to retention of title, the current value will be credited after deduction of a processing fee, unless the return was due to a justified complaint.

7. Prices

Prices for end consumers include the currently valid VAT. Price changes reserved. Prices for commercial customers are exclusive of the currently valid VAT. Calculation is based on the prices valid on the day of delivery.

The seller is entitled to adjust prices in case of cost increases, exchange rate changes, changes in freight duties and other levies occurring after the conclusion of the contract.

8. Retention of Title

8.1. Until full payment of all claims arising from the business relationship, including all ancillary claims, and until settlement of a current account balance owed by the buyer, the goods remain the property of the seller. If the reserved goods are sold by the buyer, the buyer hereby assigns his purchase price claim against his customers, which he must disclose upon request, to the seller in full.

8.2. The buyer may neither pledge nor assign as security the goods received under retention of title.

8.3. The retention of title also remains in force if individual claims have been included in a current account and the balance has been drawn and acknowledged. The buyer cannot acquire ownership of the goods by processing them into a new item; they process for the seller. The processed goods serve to secure the seller's retention of title claim. In the event of processing with third-party goods not belonging to the buyer by the buyer, the seller becomes co-owner of the new items in proportion to the value of his goods to the third-party processed goods. The buyer must retain the conditional ownership of the goods due to him against his customers until they have fully paid the purchase price.

All claims of the buyer from the resale of the reserved goods are assigned to the seller. The buyer is authorized to collect the claims from the resale. Upon request of the seller, the debtor must inform him of the assigned claim.

9. Payment Terms

9.1. The seller's invoices are payable immediately without deduction. Payment must be made in cash, by check, bank or postal transfer, or by credit card. Checks should always be sent to us by registered mail. No liability is assumed for unreceived or lost checks. Where possible, for processing reasons, delivery will only be made cash on delivery. The seller is entitled to carry out outstanding deliveries only against advance payment. If the advance payment is not made within a reasonable period, the seller is entitled to withdraw from the contract.

9.2. Default interest will be charged at a rate of 2% above the currently valid discount rate of the Swiss National Bank.

9.3. If the customer defaults on payment or circumstances become known that cast doubt on the customer's creditworthiness (e.g., non-payment of checks), all claims become immediately due. The seller is then entitled to carry out outstanding deliveries only against advance payments or security.

Furthermore, the seller is entitled to take possession of goods delivered under retention of title again, without automatically exercising the right to withdraw from the right and from the contract.

9.4. Offsetting and rights of retention based on counterclaims are excluded, unless the counterclaims are recognized in writing or legally established.

10. Place of performance / Jurisdiction:

10.1. The place of performance for all services arising from the contractual relationship is Zurich, the business domicile of DJ Discount AG.

10.2. The place of jurisdiction for all disputes arising from this contractual relationship – even in the event of withdrawal – is Zug, regardless of the amount in dispute.

11. Miscellaneous

11.1. Should individual provisions - for whatever reason - not be applicable, the validity of the remaining provisions shall not be affected thereby.

11.2. Customer conditions, even if they have been communicated, are only valid if and to the extent that they have been expressly confirmed in writing by the seller.

11.3. The export of goods is subject to approval and is governed by Swiss foreign trade law.

11.4. Personal data received in connection with the business relationship will be processed by the seller in compliance with legal provisions.

11.5. The buyer must store goods delivered under retention of title separately and allow authorized representatives of the seller to inspect and reasonably examine the inventories and immediately hand over the goods to the seller or his authorized representative upon his request, if, in the seller's opinion, even after the conclusion of the contract, the buyer's creditworthiness does not appear suitable for granting credit.