General Terms and Conditions

1. Scope of Application

These General Terms and Conditions (GTC) apply to all business relationships between Khare Automations GmbH, Bahnhofstrasse 8a, 2542 Pieterlen, Switzerland (hereinafter "Contractor") and its clients (hereinafter "Client").

Deviating conditions of the Client are not recognized unless the Contractor expressly agrees to them in writing.

2. Contract Formation

A contract is concluded by:

• Written order confirmation by the Contractor
• Commencement of service provision at the Client's request
• Signing of an individual service agreement

3. Scope of Services

3.1 Assessment

The Contractor analyzes the processes provided by the Client and prepares a report with automation recommendations, including analysis of current processes, identification of automation potential, prioritized recommendations, and ROI estimates.

3.2 Implementation

The Contractor develops and implements automation solutions according to agreed specifications, including development, integration with existing systems, testing and quality assurance, documentation, and client training.

3.3 Managed Support

If ongoing support is agreed, the service includes monitoring of automations, support for questions and issues, minor adjustments and optimizations, and regular status reports.

4. Client Obligations

The Client agrees to:

• Provide all necessary information in a timely manner
• Grant access to relevant systems
• Designate contact persons
• Provide feedback and approvals promptly

Delays caused by lack of Client cooperation do not entitle the Client to reduction or withdrawal from the contract.

5. Prices and Payment Terms

Prices for services are agreed individually for each project and confirmed in writing before commencement of work. All prices are exclusive of statutory VAT (where applicable).

• Assessment: 50% upon order, 50% upon delivery of report
• Implementation: 30% upon order, 40% after prototype acceptance, 30% upon completion
• Managed Support: Monthly in advance, payment due within 10 days

Default interest of 5% per annum applies in case of late payment (Art. 104 OR).

6. Intellectual Property Rights

6.1 Custom Solutions

For automations developed individually for the Client, the Client receives an unlimited, perpetual right of use for their own purposes upon full payment.

6.2 Templates and Standard Components

The Contractor reserves the right to use non-client-specific components, templates, and methodologies for other projects.

7. Warranty

The Contractor warrants that the services fulfill the agreed functions upon delivery. The warranty period is 12 months from acceptance. Defects must be reported immediately in writing. No warranty applies for improper use by the Client, modifications by third parties without Contractor consent, force majeure, or changes to external systems or APIs outside the Contractor's control.

8. Liability

The Contractor is liable for damages only in cases of intent and gross negligence. Liability is limited to the total order value of the relevant project, with a maximum of CHF 50,000. The Client is responsible for regular backups of their data. The Contractor is not liable for data loss.

9. Confidentiality

Both parties agree to keep confidential information of the other party secret and to use it only for contractual purposes. This obligation survives the termination of the contract.

10. Data Protection

The Contractor processes personal data in accordance with the Swiss Federal Act on Data Protection (nFADP/nDSG) and, where applicable, the EU GDPR. Where the Contractor processes personal data on behalf of the Client, the parties shall enter into a separate data processing agreement.

11. Contract Duration and Termination

11.1 Project-Based Services

Contracts for assessments and implementations end upon complete service delivery and final payment.

11.2 Managed Support

Support contracts have a minimum term of 3 months and are automatically renewed for 1 month unless terminated with 30 days' notice to month-end.

11.3 Extraordinary Termination

The right to extraordinary termination for good cause remains unaffected for both parties.

12. Severability Clause

Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.

13. Amendments to GTC

The Contractor reserves the right to amend these GTC with 30 days' written notice. If the Client does not object in writing within 14 days of notification, the amended GTC are deemed accepted.

14. Governing Law and Jurisdiction

Swiss law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and private international law provisions.

Exclusive place of jurisdiction is Biel/Bienne, Canton of Bern, Switzerland.

// last_updated: April 2026