Status June 2022

1. Scope of application
The following General Terms and Conditions as well as Terms of Delivery and Payment (hereinafter referred to as GTC) apply to all orders concluded between a customer (consumers as well as commercial buyers) and NOX Systems AG, Vaduz, regardless of whether they are concluded physically or online. The version of the Terms and Conditions in force at the time of the conclusion of the contract shall apply. The Terms and Conditions are accepted upon placing an order, unless they have been modified or amended by written agreements.
These Terms and Conditions shall also apply to all future business relations, even if they are not expressly referred to.

2. Offers and conclusion of contract
Offers of NOX Systems AG, Vaduz are non-binding invitations to customers to order products. Offers are subject to change and are not binding. They are limited in time according to the respective information. Purchase offers made by the customer by fax, e-mail, telephone or by filling out a corresponding form as well as by entering them on the Internet platform at www.noxsystems.com are legally binding. The purchase offer must be accepted by NOX Systems AG in order to conclude a valid contract.
By placing an order on the Internet platform of NOX Systems AG, the customer makes a binding offer to conclude a purchase contract in accordance with the following individual steps: By clicking on the “Order” button under
button, the customer can place the respective goods in a virtual shopping cart and fill out a corresponding order form. This process is non-binding and does not constitute an offer to contract. The order form will indicate which payment methods are accepted and if there are any delivery restrictions. Before submitting the purchase offer, the contents of the order, including the customer’s data, are summarized on an overview page and can be corrected. By clicking on the “Buy” button, the customer submits a binding offer to NOX Systems AG to conclude a purchase contract. After the order has been placed on the Internet platform and checked by NOX Systems AG, the customer will receive an order confirmation from NOX Systems AG. The contract is concluded with
of the order confirmation.
The customer agrees that the CE documents (e.g. EU declaration of conformity) will be provided in German or English.

3. Rights of withdrawal and revocation
The statutory provisions apply. A consumer who has concluded the contract via the Internet platform may withdraw from the contract within 14 days after receipt of the goods without giving reasons. In such a case, the consumer must return the goods to NOX Systems AG immediately, but at the latest within 14 days of submitting the declaration of withdrawal.

4. Prices and terms of payment
Prices are quoted in Swiss francs, strictly net, ex works, payable within 30 days without any deductions, unless other terms have been expressly agreed.
If the client does not comply with the terms of payment, NOX Systems AG reserves the right to charge interest on arrears at a rate of 5% p.a. from the due date of the invoice.

5. Shipping, postage, packaging
Shipping is at the expense and risk of the recipient, shipping costs and packaging are charged at cost price.

6. Delivery times
NOX Systems AG will always make every effort to meet the delivery dates given verbally or in writing, even if unforeseeable difficulties arise. However, we cannot guarantee that we will meet the stated delivery times. Adherence to delivery dates shall also be subject to the timely fulfillment of any obligations on the part of the customer, such as the provision of specifications.

7. Warranty, guarantee
NOX Systems AG grants a three-year warranty on its products in accordance with the following provisions. The guarantee extends from the day of delivery to all defects occurring within the statutory period (warranty period) and a further year thereafter, which are demonstrably caused by material defects or faulty manufacture. Any warranty and guarantee is excluded for improper use of the goods. The warranty and guarantee is limited primarily, at the discretion of NOX Systems AG, to the replacement or repair of the defective products or components and secondarily to compensation for the invoice value of the non-replaced products or components.
Any further warranty or guarantee, in particular for so-called consequential damage, is expressly excluded. NOX Systems AG assumes no liability for modifications, repairs and interventions of any kind that are not carried out by employees of NOX Systems AG, Vaduz or by specialists designated by them. This will void any warranty claim.

8. Limitation of liability, claims for damages
Claims for damages by the customer against NOX Systems AG are excluded. Claims based on mandatory legal provisions, which cannot be excluded, are an exception.
Under no circumstances shall the customer be entitled to compensation for damages that have not occurred to the delivered products themselves, such as loss of production, loss of use, loss of orders, loss of profit or other direct or indirect damages. These limitations do not apply to unlawful intent or gross negligence on the part of NOX Systems AG, but they do apply to unlawful intent or gross negligence on the part of auxiliary persons.
NOX Systems AG is not liable for damages caused by force majeure, riots, acts of war, natural disasters or other events for which it is not responsible (e.g. strikes, lockouts, traffic disruptions or technical faults (such as the IT system) for which it is not responsible. The above exclusions and limitations of liability also apply in favor of employees, vicarious agents or other third parties that NOX Systems AG uses to fulfill the contract.
The above exclusions and limitations of liability also apply in favor of employees, vicarious agents or other third parties that NOX Systems AG uses to fulfill the contract.

9. Complaints
Complaints must be made in writing within eight days of arrival of the goods, otherwise the delivery shall be deemed to have been approved.
Consignments with any transport damage must be accepted with reservations and the relevant transport company must be notified within the statutory period for the purpose of recording the facts.

10. Illustrations, weights, dimensional tables
NOX Systems AG reserves the right to deviate from illustrations, weights, dimensional tables and technical specifications if this proves to be expedient for the execution of the order.

11. Retention of title
NOX Systems AG remains the owner of its delivered products until full payment has been received in accordance with the contract.

12. Place of performance and jurisdiction
Unless otherwise agreed, the place of performance for delivery and payment shall be Vaduz.
The determination of the place of performance shall also establish the right to bring an action in Liechtenstein.
All contracts and/or orders resulting therefrom shall be governed exclusively by Liechtenstein law, to the exclusion of the reference norms of private international law and other statutory provisions which would require the application of another law.
The Princely Court of Justice in Vaduz shall be designated by mutual agreement as the exclusive place of jurisdiction for all disputes arising from or in connection with the purchase contracts or orders.

13. Privacy policy
The privacy policy of NOX Systems AG applies.

14. Final provision
Changes to these Terms and Conditions or the Privacy Policy must be made in writing. The customer will be notified of any changes in an appropriate manner. If any provision of these Terms and Conditions is or becomes invalid, the validity of the remaining provisions shall not be affected.