1. General
The customer acknowledges the General Terms and Conditions of Sale and Delivery of anykey IT AG (anykey), in their respective valid version, which form the basis of all present and future contracts between the customer and anykey. Deviations from these General Terms and Conditions of Sale and Delivery – in particular the applicability of the customer’s purchasing terms – require the express written confirmation of anykey.
2. Conclusion of Contract
Offers made by anykey are non-binding. Price information and technical specifications in price lists and brochures as well as on anykey’s website are non-binding, unless otherwise expressly agreed in writing. An order shall only be deemed accepted once it has been confirmed in writing by anykey.
3. Prices
Unless otherwise agreed, all prices are net, without any deductions.
All ancillary costs, such as for freight, packaging, insurance, export, transit, import and other permits as well as certifications, shall be borne by the customer. Likewise, the customer shall bear all types of taxes, duties, fees, customs charges and the like.
4. Payment Terms
Invoices issued by anykey are payable net within 10 days of receipt. Upon expiry of the payment period, the customer shall be in default without any further reminder being required, and default interest of 8% shall be due. For the duration of the default, anykey reserves the right to suspend any support services provided to the customer.
The customer is not entitled to offset alleged or asserted counterclaims.
5. Delivery Period
All dates and delivery periods stated by anykey are, unless otherwise expressly agreed in writing, to be considered approximate only. Any delivery date is therefore stated to the best of anykey’s knowledge, but without guarantee.
Compensation for delay shall only be owed if anykey has expressly undertaken in writing to comply with a specific delivery period and, failing that, to pay compensation for delay. In such case, the customer is entitled to claim compensation for delayed delivery, provided that the delay was demonstrably caused by anykey and the customer can substantiate damage resulting from the delay. In no event shall the compensation for delay exceed a total of 5% of the contract price of the delayed part of the delivery.
6. Retention of Title
The goods remain the property of anykey until paid in full. The customer hereby authorises anykey to make entries in registers insofar as necessary to secure ownership.
7. Packaging Material
anykey does not take back transport and packaging material, subject to any statutory obligation. The customer is responsible for disposing of the packaging at their own expense.
8. Warranty
All information regarding suitability, processing and application of the products sold, technical advice and other information is provided to the best of anykey’s knowledge, but does not relieve the customer of their own tests and trials. Only those characteristics shall be deemed warranted that are expressly designated and confirmed as such by anykey in the sales confirmation.
The warranty period is 12 months from delivery or completion of the service. The customer must inspect the delivered goods and/or the service provided for defects in quality and fitness for purpose as soon as practicable in the ordinary course of business; otherwise, the goods and/or service shall be deemed approved.
Complaints will only be considered if made in writing within eight days of receipt of the goods or completion of the service – in the case of hidden defects immediately upon discovery, but no later than 12 months after receipt of the goods – and accompanied by supporting documents. After a complaint has been made, anykey is entitled to inspect the goods and/or the service itself. Until then, the customer shall ensure access and proper storage.
anykey’s warranty obligation is limited, at its discretion, to replacement delivery, repair, rescission (cancellation) or price reduction. Defective goods may only be returned with anykey’s express consent. Any further warranty and liability, in particular for indirect or consequential damages such as loss of profit, unrealised savings or third-party claims, including those caused by anykey’s corporate bodies, employees or auxiliary persons, is excluded to the extent permitted by law.
9. Force Majeure / Disruptions to Contract Performance
Operational disruptions affecting the party itself or third parties, delivery delays or failures by upstream suppliers, shortages of energy or raw materials, transport disruptions, insofar as such events were not foreseeable, as well as war, riots, strikes, lockouts, official orders and generally events of force majeure, shall release the affected party from its obligations for the duration of the disruption and to the extent of its impact, in particular from the obligation to deliver or accept. If this delays delivery or acceptance by more than one month, the customer and anykey shall agree on how to proceed. If no agreement is reached, the competent court pursuant to Article 10 below may be called upon no earlier than after a further month, and shall then decide.
10. Applicable Law, Place of Jurisdiction, Place of Debt Enforcement
Swiss law shall apply. For disputes arising from this contract, the courts at the registered office of anykey shall have jurisdiction. anykey remains entitled to pursue debt enforcement against the customer or to sue the customer at any other place provided by law.
March 2026