Article 10 Liability
10.1 The total liability of Lamarel GmbH in respect of the Client due to an attributable failure to perform the Agreement is limited to a compensation which does not exceed the price stipulated for that particular Agreement (including VAT and shipping costs).
10.2 Lamarel GmbH cannot be held liable for any indirect damages or losses, including, without limitation, consequential damages, lost profits, lost savings, loss of data and damage due to business interruption.
10.3 Except as otherwise explicitly provided for in this article 10, Lamarel GmbH is not subject to any liability, irrespective of the grounds upon which an action or proceeding may be based. The restrictions set out in this article 10.3, will, however, cease to apply if and insofar as the damage or loss is the result of an intentional act or gross negligence on the part of Lamarel GmbH.
10.4 Lamarel GmbH will only be liable to the Client on account of an attributable failure in the performance of an Agreement if the Client issues a written notice of default to Lamarel GmbH without delay, stipulating a reasonable period of time in which Lamarel GmbH has the possibility to remedy the default, and Lamarel GmbH fails to cure the default within such period. The notice of default must contain a description of the default in as much detail as possible, in order to enable Lamarel GmbH to provide an adequate response and/or take adequate action.
10.5 Any event giving rise to compensation is always subject to the condition that the Client reports the damage or loss in writing to Lamarel GmbH as soon as possible, but no later than within thirty (30) days after the damage or loss has arisen.
Article 11 Retention of title
11.1 As long as Lamarel GmbH has not received full payment for the Products, Lamarel GmbH will retain the ownership of the Products.
Article 12 Personal details
Article 13 Final provisions
13.1 The General Terms and Conditions and the Agreement are exclusively construed in accordance with and shall be exclusively governed by the laws of Switzerland.
13.2 Any dispute arising out or in connection with the General Terms and Conditions and the Agreement, including disputes concerning the existence and validity thereof will if no amicable settlement can be reached, be resolved by the competent Swiss court in the district where Lamarel GmbH has its registered office.
13.3 In the event that any of the provisions contained in the General Terms and Conditions will be deemed invalid or unenforceable, then the remaining provisions shall be construed as if such invalid provisions were not contained herein; and such invalid or unenforceable provisions will then be deemed to have been replaced by a provision which as closely as possible meets the intention of Lamarel GmbH when inserting the original provision.
Should you have any questions, complaints or comments after reading the General Terms and Conditions, or if you need to provide us with notice, please contact us by email or in writing.