General Terms of Use

GENERAL TERMS AND CONDITIONS 

1. General provisions

1.1 The legal relations between Flybotix SA, CHE-352.588.973 (“Flybotix”) and any purchaser (hereinafter the “Purchaser”) of supplies and/or services of Flybotix (hereinafter referred to as “Supply” or “Supplies”) shall exclusively be governed by these “General Terms and Conditions”, unless otherwise agreed explicitly by Flybotix and the relevant Purchaser. Purchaser’s general terms and conditions only shall apply to the extent that Flybotix expressly consents to them in writing. 

1.2 Any information contained in advertising brochures and/or advertising catalogues as well as illustrations are nonbinding. Data contained in technical documents shall only be binding to the extent that these documents are attached to the order confirmation as an annex and in addition are explicitly stated to be of guaranteed quality. Such guarantee shall be valid only until the end of the warranty period. 

1.3 The contract shall be deemed concluded upon acceptance of an order by Flybotix (“order confirmation”), which has to be declared by mail, fax or electronically and which shall also be valid without signature. The scope of any Supply owed by Flybotix shall result exclusively from the order confirmation and its annexes. 

1.4 Flybotix shall be entitled to transfer rights and duties under the contract to third parties. 

1.5 Tools and equipment used in relation with the Supplies shall be the sole property of Flybotix, even if the Purchaser pays for such tools and equipment, and Flybotix shall be entitled to deal with the tools and equipment at Flybotix’ discretion. 

2. Warranty | Undertakings

2.1 Flybotix shall warrant exclusively that Supplies are new and unused at the time of passing of the risk, correspond to Flybotix’ standards and to agreed technical specifications, if any, and that during the warranty period the Supplies are free from defects which are due to defective components or defective and/or inferior processing by Flybotix. 

2.2 The warranty period is 12 (twelve) months from passing of the risk. Repair or replacement shall not prolong the original warranty period. 

2.3 Flybotix shall make no representations of warranties or remedies whatsoever (a) for software supplied by Flybotix; (b) for Supplies which are delivered by Flybotix but manufactured by third parties; (c) for defects not solely caused by Flybotix; (d) if (i) deviations from the agreed specifications of the Supplies are unsubstantial or if a defect impairs the usability of the respective Supply only insignificantly; or (ii) defects are due to natural wear and tear, unforeseeable events or damage occurring after the passing of the risk, faulty or negligent treatment, unusual physical strain or electronic load, excessive use, misuse, incorrect use, neglect, use with unsuitable accessories, improper installation or packaging, installation not carried out by Flybotix, inappropriate building ground or particular external influences which are not explicitly stated in the contract as having an impact on Supplies or if they are due to repairs or alterations being carried out by any party other than Flybotix; or (iii) Supplies are modified by the Purchaser, the Purchaser’s customers or end users after the delivery by Flybotix or if possible seals of warranty were removed or altered by the Purchaser, the Purchaser’s customers or end users; or (iv) any defect or damage is attributable to Purchaser’s faulty design of the Supplies and/or any parts thereof or attributable to work which has been carried out in compliance with the requirements and specifications of the Purchaser; (e) with respect to prototypes, preproduction parts or test samples, as well as (f) in the case of any defect or damage which is attributable to supply parts, tools or test provided or made available by the Purchaser or manufactured or procured by Flybotix in accordance with the instructions of the Purchaser; the responsibility for the dimensional accuracy and the functionality of supply parts shall exclusively be borne by the Purchaser. Any defects recognized by Flybotix will be notified to the Purchaser. 

2.4 Provided that a defect of a Supply is solely caused by Flybotix, Flybotix shall provide warranty in its sole discretion and sole remedy by repairing or replacing the Supply or by crediting or refunding its price. Flybotix’ liability and warranty with respect to any defect arising from any component shall be limited to the compensation and warranty received by Flybotix from the respective component supplier. Purchaser’s rights of cancellation, rescission and termination shall be excluded. 

2.5 In the event of an epidemic failure, the Parties shall cooperate in order to identify its cause, the number of Supplies affected and the required measures. Epidemic failure in this meaning are defects with an identical root cause and which occur in more than 10% (ten per cent) of the Supplies of the past 6 (six) months, provided that the delivered minimum quantity of defective Supplies affected by the same epidemic failure exceeds 10 (ten) pieces within the warranty period. The total aggregate liability of Flybotix for epidemic failures shall not exceed the following: In the case of an epidemic failure, defective Supplies shall, in Flybotix’ sole discretion, cost and expense, and sole remedy, be repaired, replaced, credited or refunded. In the case of an epidemic failure, the liability of Flybotix shall in all cases be limited to 3% (three per cent) of the last 6 (six) months’ turnover realized by Flybotix for the respective Supply. 

2.6 Delivery items complained about must be sent to Flybotix on request. As Supplies are replaced, replaced Supplies shall become the property of Flybotix unless Flybotix renounces to the transfer of ownership. 

3. Liability

3.1 Subject to the mandatory legal provisions and the ones expressly stated under clause 2 above, all rights and claims of the Purchaser against Flybotix, its bodies, shareholders, employees, affiliates, agents or any persons with whom it performs its obligations, its subcontractors, suppliers and designees for whatever legal ground shall be excluded to the maximum extent permitted by applicable law, especially, but not limited to, claims based on loss of production, damage caused by delays, loss of use, loss of or damage to data or data storage media, costs for recovery of lost or damaged data, lost profit and other direct, indirect or consequential damage even if the possibility of such damage has been expressly pointed out to Flybotix. 

3.2 Enforceable Purchaser claims shall be limited to 5% (five per cent) of the Purchaser’s payments to Flybotix during the preceding 6 (six) months for the specific Supply under the respective individual contract. Parties are free to furnish proof of lower damage. 

3.3 Subject to the warranty provisions as per clause 2.2 above, any possible Purchaser’s claim for damages shall become time-barred within 12 (twelve) months after arising. The same shall apply to Purchaser’s claims in connection with damage control (e.g. product recalls). 

4. Third-party claims

The Parties shall inform each other immediately if they become aware that, in relation to the Supplies or the contractual relationship of the Parties, claims have been raised against any or both of them, proceedings have been instituted, or actions brought which relate to any or both Parties. The Parties undertake to reasonably support each other in defending against such claims, proceedings or actions. In the case of direct claims of third parties against Flybotix, the Purchaser has to indemnify Flybotix to the extent that the claim exceeds the agreed maximum thresholds for warranty or liability. 

5. Prices, modification of contract, terms of payment

5.1 Prices are ex works (except if noted differently on the quote or bill), excluding packaging and VAT in the respective legal amount owed. All costs not expressly included in the price (e.g. for customs, export, transit, import and other approvals and certifications) shall be at the expense of the Purchaser; on request of Flybotix, the Purchaser shall make available a freely clearable advance in the corresponding amount. 

5.2 All prices are stated subject to the prerequisite that no general terms and conditions other than these “General Terms and Conditions” apply in the relationship between the Parties. If this is not the case, Flybotix shall be entitled to adjust the prices. 

5.3 Flybotix shall be entitled to adjust the prices and conditions to changed circumstances, in particular if (a) the Purchaser requests changes or additions subsequently; (b) (i) the documents and information made available by the Purchaser are incomplete or (ii) do not correspond to the actual conditions; (c) the underlying conditions for the pricing (in particular monetary parities or material prices) significantly change between the time of the offer and the agreed date of performance. 

5.4 Unless otherwise agreed, invoices of Flybotix shall be due for payment immediately. Payments are to be made to the bank account named by Flybotix, without deduction of out-of-pocket expenses, taxes, charges, fees, customs and the like and any cash discount which has not been agreed upon. Payments shall only be deemed as effected when Flybotix can dispose of the amount without restrictions. 

5.5 If the Purchaser has not effected payment by the due date, the Purchaser shall be in default without warning and Flybotix shall be entitled, without prejudice to further claims, (a) from the time of maturity, to charge default interest amounting to 8 (eight) percentage points above the respective rate of discount of the Swiss National Bank, but not more than the maximum amount permitted by law or (b) to rescind the contract and claim damages. 

5.6 In the case of discontinuation of payments by or application for opening of insolvency proceedings against the Purchaser, all claims of Flybotix vis-à-vis the Purchaser under the business relation, including claims for damages, shall become due for payment immediately. In addition, the Purchaser shall irrevocably waive any possible defense of limitation for such a case and Flybotix shall accept such waiver. Furthermore, Flybotix shall be entitled at its own discretion to terminate the business relationship completely or in parts without notice and to claim damages. 

5.7 The Purchaser may claim offsetting, liens and rights of retention only in respect of uncontested or legally ascertained counterclaims. 

5.8 Flybotix shall be entitled to claim from the Purchaser compensation for all costs in connection with the tracking of any defects and malfunctions notified by the Purchaser if they cannot be found or reproduced by Flybotix. 

6. Period of delivery; default

6.1 An agreed period of delivery shall start only when a written order has been received by Flybotix and is available for reference with regard to which all technical and commercial aspects have been clarified, all significant technical matters have been finally clarified, supply parts have been made available in an impeccable and timely manner and all official formalities such as, for example, import, export, transit and payment permits have been obtained and/or met. Flybotix shall be entitled to effect partial Supplies and to make excess or short Supplies within a scope of up to 10%, but at least 1 (one) piece. 

6.2 If a delay is not exclusively at the fault of Flybotix, the periods shall be extended reasonably but at least by the duration of the delay. This shall apply in particular, but not exhaustively, if (a) Flybotix does not receive information, approvals and releases which are needed for fulfilling the contract in good time; (b) the Purchaser or third parties involved by the Purchaser is/are in arrears with the work to be performed by them or with the performance of contractual duties, in particular if the Purchaser does not comply with the terms of payment; (c) if Flybotix itself is not supplied by its suppliers in good time or is supplied improperly. 

6.3 Exceeding a date of delivery shall not entitle the Purchaser to annul its order. Any liability in connection with an excess of the period of delivery shall be excluded. 

7. Passing of the risk

7.1 The risk shall pass to the Purchaser when the Supply is set aside and made available. On request of the Purchaser, Flybotix shall arrange for the transport. The transport (including loading) shall take place at the risk and expense of the Purchaser. Type, route and carrier may be chosen by Flybotix at its own discretion unless the Purchaser expresses special requests in good time. Complaints in connection with the transport must be addressed by the Purchaser to the most recent freight carrier immediately upon receipt of the Supply. Flybotix shall insure the Supplies against the usual transport risks on request and at the expense of the Purchaser in accordance with the Purchaser’s instructions. 

7.2 If due to a separate agreement the risk passes in a manner other than the one described in clause 7.1 sentence 1 above and if the passing of the risk is delayed for reasons not exclusively the fault of Flybotix or if the Purchaser is in default of acceptance, the risk shall pass to the Purchaser in accordance with clause 7.1 sentence 1 above. Starting with the occurrence of the delay, the Supply shall be stored for account and at the risk of the Purchaser. Flybotix shall be entitled, but not obliged, to insure the Supply stored at the expense of the Purchaser. The Purchaser shall only have a claim to the Supply when the Purchaser has reimbursed all expenditures, costs and fees in connection with its storage and possible insurances to Flybotix and has paid a reasonable compensation for the associated expenses. 

7.3 If events within the meaning of clause 7.2 above significantly change the economic meaning or the content of a delivery or negatively affect the operations of Flybotix, Flybotix shall be entitled to withdraw from the contract and to claim damages. 

8. Inspection

The Purchaser shall inspect Supplies within a reasonable period commencing on receipt (but no more than 3 days) and to notify possible defects, if any, to Flybotix immediately in writing. If the Purchaser fails to do so, the Supply shall be deemed to be approved as being free from defects, subject to the existence of potential hidden defects. 

9. Industrial property rights and copyrights, defects in title

9.1 All intellectual property rights (“property rights”) of Flybotix and/or third parties shall remain reserved and, unless expressly stipulated, neither these “General Terms and Conditions” nor any order confirmation shall involve the transfer of any property right from Flybotix to the Purchaser. On request, documents including all copies on whatever medium must be returned to Flybotix immediately. 

9.2 Deliveries carried out by Flybotix in compliance with information, sketches, drawings, samples, matrices or other documents of the Purchaser shall be carried out at the sole risk of the Purchaser with regard to possible property rights (such as for example patent, design, trade mark, and copyrights). If property rights of third parties are infringed because of the execution of such Supplies, Flybotix shall not be liable for the infringement and the resulting claims of third parties and shall be authorized to discontinue the execution of the Supply without further ado. The Purchaser shall bear any damage resulting from the infringement of property rights of third parties and shall indemnify Flybotix completely and on first request. 

10. Force majeure

Flybotix shall not be responsible for the non-performance or delay in performing its obligations due to an event of force majeure (i.e. circumstances affecting one party and objectively preventing it from fulfilling its contractual obligations, such as natural disasters of a particular intensity, epidemics, pandemics, war, riots, strikes or breakdowns in the electric or telecommunication networks). If such an event occurs, Flybotix shall inform the Purchaser thereof without undue delay, providing a description of the said event and its impact on performance of its obligations. 

11. Compliance with legal provisions

The Purchaser undertakes to comply with the wording and intention of all legal provisions and regulations in all countries where its company operates. In addition, Flybotix expects upright and socially responsible business conduct on the part of the Purchaser. 

12. Changes and additions

Changes of these “General Terms and Conditions” including this clause 12 and all side agreements must be made in writing. 

13. Severability clause

If individual provisions of these “General Terms and Conditions” finally prove to be legally void or unenforceable for legal reasons, the validity of the rest of these “General Terms and Conditions” shall not be affected. In such a case the Parties shall reach an agreement which replaces the provision in question by such effective provision which in economic terms is equivalent to the original provision as far as possible and they shall submit to such provision. 

14. Applicable laws

All agreements between the Parties shall be governed by Swiss law, without any reference to the conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. 

15. Place of jurisdiction

Any dispute or difference arising out of or in relation to these General Terms and Conditions shall be subject to the exclusive jurisdiction of the courts at the registered seat of Flybotix. 

16. Recruitment GDPR disclaimer

16.1 General information 

This data privacy statement, which refers exclusively to data collected as part of the online application process, is to inform you about how your personal data that is collected as part of the online application process is handled at our end. 

16.2 The controller 

The controller under data protection law is: 

Flybotix SA 
Rue de Lausanne 64, 1020 Renens – Switzerland 

16.3 Personal data collected as part of the application process 

Personal data means any information concerning the personal or material circumstances of an identified or identifiable individual. This includes information such as, for example, your name, address, telephone number and date of birth, but also data relating to your specific career etc. by reference to which a specific individual can be identified with reasonable effort. However, information which cannot be (in)directly associated with your real-life identity is not personal data. 

16.4 Fundamentals and purposes of processing personal data collected from application documents and during the application process 

If you apply to us electronically, i.e. via e-mail or using our online form, we will collect and process your personal data for the purpose of executing the application process and preparing contracts. 
By submitting an application via our recruitment website, email or other online tools, you express your interest in taking up work with us. In this context, you transmit personal data, which we will use and store exclusively for the purpose of your job search / application process. 

In particular, the following data is collected during this process: 

name (first and last names) 
e-mail address 
phone number 
LinkedIn profile (optional) 
channel through which you found us 

Furthermore, you can choose to upload expressive documents such as a cover letter, your CV or other related documents. These may contain additional personal data such as date of birth, address etc. 

Only authorized HR staff and/or staff involved in the application process have access to your data. 
The personal data is stored, as a rule, exclusively for the purpose of filling the vacancy for which you have applied. 

Your data will be stored for a period of 100 days after the application process has been concluded. This is usually done to fulfil legal requirements and/or defending ourselves against any claims arising from legal provisions. After this period, we are obligated to delete or anonymize your data. In case of anonymization, the data will only be available to us in the form of so-called metadata, without any direct personal reference, for statistical analysis (for example, share of male and/or female applicants, number of applications per specified period of time etc.). 

Furthermore, we reserve the right to store your data for 36 months after the application process has been concluded for the purpose of adding it to our Talent Pool in order to identify any other vacancies that may be of interest to you. This includes, for example, applications for apprenticeships or internships. By accepting the data privacy statement, you consent to any further storage of your data as well as its inclusion in our Talent Pool. 

Should you be interviewed or would disclose confidential information you are bounded to keep this information as professional secrecy even despite not engaging with the company on contractual relationship. 

Should you be offered and accept a position with us during the application process, we will store the personal data collected as part of the application process for at least the duration of your employment and 10 years for the employment documents that are guarded by the Swiss law. 

16.5 Disclosure of data to third parties 

Data transmitted as part of your application will be transferred using TLS encryption and stored in a database. This database is operated by Personio GmbH, which offers a human resource and applicant management software solution (https://www.personio.com/legal-notice/). In this context, Personio is our processor under article 28 of the GDPR. In this case, the processing is based on an agreement for the processing of orders between us as the controller and Personio. 

16.6 Rights of data subjects 

If we as the controller process personal data, you as the data subject have certain rights under Chapter III of the EU General Data Protection Regulation (GDPR), depending on the legal basis and the purpose of the processing, in particular the right of access (article 15 of the GDPR) and the rights to rectification (article 16 of the GDPR), erasure (article 17 of the GDPR), restriction of processing (article 18 of the GDPR), and data portability (article 20 of the GDPR), as well as the right to object (article 21 of the GDPR). If the personal data is processed with your consent, you have the right to withdraw this consent under article 7 III of the GDPR. 

To assert your rights as a data subject in relation to the data processed during this online application process, please refer to a management team of Flybotix. 

16.7 Concluding provisions 

We reserve the right to adjust this data privacy statement at any point in time to ensure that it is in line with the current legal requirements at all times, or in order to accommodate changes in the application process or other processes. In this case, the new data privacy statement applies to any later visit of this recruitment website or any later job application. 

In addition to this data privacy statement, please view our general data privacy statement at https://flybotix.com/gtc-general-terms-and-conditions/