Terms and Conditions (T&C)

1. Scope

1.1. These General Terms and Conditions (hereinafter referred to as "T&C") govern the contractual relationship between SCHOLZ Q-Technik (hereinafter referred to as the "Provider") and its customers for all services, products, and offers provided on the website scholz-q-technik.com.

1.2. The T&C apply to all business areas of the Provider, including but not limited to consulting services, the sale of software products, the custom programming of measurement programs, and other services and products offered on the Provider's website.

1.3. By using the services, purchasing products, or availing oneself of offers on scholz-q-technik.com, the customer declares his consent to these T&C.

1.4. Deviating terms of the customer shall only apply if expressly agreed to in writing by the Provider.

1.5. Amendments or supplements to these T&C shall require written form.

1.6. If individual provisions of these T&C are or become ineffective or unenforceable, the effectiveness of the remaining provisions shall not be affected.

2. Scope of Services

2.1. The Provider offers a variety of services, products, and offers detailed on the website scholz-q-technik.com.

2.2. The services include, among others, consulting in various areas such as quality management, technical consulting, and others, as well as the development and custom programming of software solutions and measurement programs.

2.3. The sale of software products, including but not limited to QualityCheck AQL Pro and other tools, is part of the scope of services.

2.4. Additionally, the Provider offers various free downloads such as documentation, presentations, and other materials available on the website.

2.5. The exact specifications and requirements of the services, products, and offers are outlined in the respective descriptions on the Provider's website.

2.6. Individual agreements can be made to meet the specific requirements and desires of the customers.

2.7. The Provider undertakes to provide the offered services and products with due care and expertise.

2.8. Changes or additions to the scope of services require written agreement between the Provider and the customer.

3. Remuneration and Payment Terms

3.1. The remuneration for the offered services, products, and offers is based on the respective prices and conditions specified on the website scholz-q-technik.com or in individual agreements.

3.2. Prices are exclusive of value-added tax unless otherwise stated.

3.3. The payment terms provide for a payment period of 30 days from the date of invoice unless expressly agreed otherwise.

3.4. Payments are to be made without deduction to the bank account specified in the invoice.

3.5. In case of delays or default in payment, the Provider reserves the right to charge default interest at a rate of 5% above the respective base rate of the European Central Bank.

3.6. The Provider retains ownership of the delivered goods until full payment is received.

3.7. Any costs associated with payment, such as bank charges or transfer fees, shall be borne by the customer.

3.8. Changes or additions to the remuneration and payment terms require written agreement between the Provider and the customer.

4. Disclaimer

4.1. The Provider shall not be liable for damages or losses directly or indirectly resulting from the use or non-use of the services, products, and offers provided on scholz-q-technik.com, unless they are based on intent or gross negligence of the Provider.

4.2. Any liability for indirect, incidental, or consequential damages, including lost profits, revenue losses, data loss, or business interruptions, is excluded to the extent permitted by law.

4.3. The Provider does not warrant the accuracy, completeness, or timeliness of the information provided on scholz-q-technik.com, including the descriptions of services, products, and offers.

4.4. The Provider is not liable for the content of external websites referenced on scholz-q-technik.com or linked in any other way.

4.5. Any claims against the Provider, including warranty claims and damages claims, must be asserted within a period of three months from the date of becoming aware of the claim, unless intent or gross negligence is present.

4.6. This disclaimer applies to all services, products, and offers on scholz-q-technik.com, including consulting services, software products, custom programming of measurement programs, and downloads.

5. Intellectual Property

5.1. All copyrights, trademarks, patent rights, and other intellectual property rights to the content, materials, products, and offers on scholz-q-technik.com (including, but not limited to, texts, graphics, logos, designs, software, and code) belong to the Provider or its licensors.

5.2. The Provider grants the customer a non-exclusive, non-transferable license to use the services, products, and offers on scholz-q-technik.com in accordance with the applicable terms and conditions.

5.3. This license is for the customer's internal business purposes only and excludes any reproduction, distribution, modification, or commercial use of the content, materials, products, and offers without the prior written consent of the Provider.

5.4. The customer does not acquire any ownership rights to the content, materials, products, and offers provided on scholz-q-technik.com. All rights not expressly granted in these T&C remain with the Provider.

5.5. The customer undertakes to comply with the license terms and usage restrictions and not to take any actions that could infringe the intellectual property rights of the Provider.

6. Data Protection and Confidentiality

6.1. The Provider undertakes to treat all means provided by the customer, such as drawings, company logos, and parts to be measured, confidentially and to use them exclusively for the agreed purpose.

6.2. All information, data, and materials provided by the customer as part of the services, products, and offers on scholz-q-technik.com are subject to applicable data protection regulations.

6.3. The Provider implements appropriate technical and organizational measures to ensure the security and confidentiality of the information provided by the customer and to prevent unauthorized access, loss, or theft.

6.4. The customer is responsible for ensuring that they have the necessary rights and authorizations to allow the Provider to use the means provided, including any third-party intellectual property rights.

6.5. The Provider reserves the right to process personal data of the customer in accordance with applicable data protection regulations to the extent necessary for the fulfillment of contractual agreements.

6.6. Any disclosure of confidential information or data to third parties shall only be made with the prior written consent of the customer, unless required by law or regulation.

7. Final Provisions

7.1. Salvatoric Clause: If individual provisions of these T&C are or become ineffective or unenforceable, the effectiveness of the remaining provisions shall not be affected. A legally permissible regulation shall replace the ineffective or unenforceable provision that comes closest to the economic purpose of the ineffective or unenforceable provision.

7.2. Applicable Law and Jurisdiction: For all disputes arising out of or in connection with these T&C, Swiss law excluding the UN Convention on Contracts for the International Sale of Goods shall apply. The exclusive place of jurisdiction for all disputes arising out of or in connection with these T&C is the Magistrate's Court of Solothurn-Lebern in Switzerland.

7.3. Amendments to the T&C: Amendments or additions to these T&C require written form. This also applies to a waiver of the written form requirement.

7.4. Written Form Clause: All notices and declarations made within the scope of these T&C must be made in writing unless otherwise agreed.

7.5. Transitional Provisions: These T&C shall apply to all future business relationships between the Provider and the customer. Existing contracts shall remain unaffected by these T&C unless otherwise agreed in writing.

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