RIBAG Collection 2020 EN-INT

196 RIBAG Licht AG for all losses and costs arising as a result of a breach of these obligations or from the failure to take any requisite action. 12. Liability 12.1. Liability shall be determined in accordance with applicable stat- utory provisions. There shall be no entitlement to claim damages on the grounds that performance is impos- sible, due to breach of contract, owing to culpa in contrahendo or under tort, save in the event of wilful conduct or gross negligence on the part of RIBAG Licht AG. No liability shall be accepted for any infringement of third party industrial property rights, except in relation to wilful or grossly negligent action on the part of RIBAG Licht AG. 12.2. RIBAG Licht AG constantly updates all product information. The aim is to present all goods and services offered to buyers in a clear and up-to-date manner. However, RIBAG Licht AG does not accept any liability for typos and provides no warranty that the product information provided is up- to-date, accurate or comprehensive. Thus, all information is provided with- out any guarantee and may not be construed as a binding commitment. 12.3. In addition, RIBAG Licht AG reserves the right to make changes or ad- ditions without notice and at any time to the webpages provided or to update content, product descriptions or prices. 12.4. Lighting systems shall be regularly maintained (maintenance plan) in order to maintain any rights under warranty. The specific maintenance requirements shall be determined with reference to the lighting system, the lamp, the light source and the operating devices used. No compen- sation shall be owed in the event of non-compliance with any require- ments applicable to assembly, startup and usage (such as e.g. maintenance plans contained in operating instruc- tions etc.) or in the event of non-com- pliance with statutory or official requirements/regulations applicable to assembly, startup and usage. 13. Side agreements 13.1. Any agreements other than these Terms and Conditions of Supply or any side agreements shall only be applicable if agreed to in writing. 14. Place of performance and jurisdiction 14.1. The exclusive place of performance for the buyer and for RIBAG Licht AG shall be Safenwil (Switzerland), including in the eve nt that delivery has been agreed to carriage paid, CIF, FOB or according to any comparable arrangements. 14.2. The place of jurisdiction shall be Safenwil (Switzerland). RIBAG Licht AG reserves the right to take action against the buyer at its choosing also at the place of business of the latter or before any other competent court. 15. Applicable law 15.1. The legal relationship with RIBAG Licht AG shall be governed by Swiss law. The United Nations Convention on Contracts of International Sale of Goods (CISG) shall not apply. 15.2. Unless specifically indicated other- wise in the General Terms, the provi- sions of the Swiss Code of Obligations or of data protection law shall apply. Should any individual terms be or be- come invalid, this shall have no effect on the remaining terms. 15.3. In the event that any individual terms of this Contract should be invalid, this shall not affect the remaining terms. The invalid term shall be replaced by a valid term that comes as close as possible to the intended purpose. In the event of any inconsistency with tender specifications, these Terms and Conditions of Supply shall prevail. 16. Intellectual property rights 16.1. RIBAG Licht AG reserves all rights over all designs, text and graphics on its B2B online shop, including in particu- lar rights of ownership and copyright. In particular, the usage of visual, design and information material is not permitted without the approval of RIBAG Licht AG. All images are solely owned by RIBAG Licht AG. 16.2. If goods are prepared by RIBAG Licht AG on the basis of design details, diagrams, models or other specifications of the buyer, the buyer shall hold fully harmless and indem- nify RIBAG Licht AG in respect of any infringement of industrial property rights and upon request by RIBAG Licht AG join any relevant proceedings at its own cost as a party or an inter- vener and conduct the trial on behalf of RIBAG Licht AG. 16.3. All copyright relating to offer and product documentation along with execution documentation such as e.g. plans, sketches and other technical documentation along with samples, catalogues, prospectuses, illustra- tions and the like shall remain under all circumstances with RIBAG Licht AG and shall be subject to the relevant statutory provisions with regard to re- production, imitation, competition etc. The documentation may be requested for surrender at any time by RIBAG Licht AG and shall be handed over to it by the buyer unsolicited in the event that an order is placed elsewhere.