General Terms and Conditions

This is a translation for convenience. In the event of any discrepancy, the German version shall prevail.

These General Terms and Conditions (hereinafter "GTC") govern the business relationship between Procon IT Security Solutions GmbH, Lerzenstrasse 21, 8953 Dietikon (hereinafter "Procon") and its customers (hereinafter "Customer") – both business and private customers.

1. Scope

These GTC apply to all offers, contracts, deliveries and services provided by Procon in the areas of IT (IT service, cloud), VoIP telephony, video surveillance and alarm systems, together with the associated consulting, installation, maintenance and support. Differing terms proposed by the Customer apply only if Procon expressly agrees to them in writing.

2. Offers and conclusion of contract

Offers from Procon are non-binding unless otherwise agreed. A contract comes into effect when Procon confirms an order in writing (including by email) or begins to perform the service. Verbal side agreements require written confirmation to be valid.

3. Scope of services

The scope of services follows from the relevant offer, the order confirmation or the works or services contract. Procon performs its services professionally and in accordance with the recognised state of the art. For installation and maintenance work Procon uses its own personnel or qualified subcontractors.

4. Prices and payment terms

The prices stated in the offer or order confirmation apply. Unless stated otherwise, all prices are in Swiss francs (CHF) [plus statutory value added tax].

Invoices are payable within [30 days] of the invoice date without deduction. In the event of late payment, Procon is entitled to charge default interest of [5%] in accordance with the Swiss Code of Obligations, together with reasonable reminder fees. For larger orders Procon may require a down payment or instalments.

5. Delivery, deadlines and installation

Delivery and completion dates are binding only if Procon has expressly confirmed them in writing. Delays due to circumstances for which Procon is not responsible (e.g. supply shortages at manufacturers) do not entitle the Customer to withdraw from the contract or to claim damages. The Customer provides access to the premises and the necessary infrastructure (power, network) for installation.

6. Retention of title

Goods supplied remain the property of Procon until payment has been made in full. The Customer authorises Procon to have a corresponding retention of title entered in the official register.

7. Warranty and defects

Procon warrants that deliveries and services are free of defects. The warranty period is [24 months] from delivery or acceptance, unless mandatory statutory provisions or manufacturer warranties provide otherwise. Obvious defects must be notified in writing within [10 days] of receipt; hidden defects immediately upon discovery.

Where a notice of defect is justified, Procon will, at its discretion, remedy the defect or supply a replacement. If remedial work fails, the Customer has the statutory rights. The warranty does not cover defects resulting from improper handling, intervention by third parties or normal wear and tear.

8. Liability

Procon is liable for damage only in cases of intent or gross negligence. Liability for slight negligence and for indirect damage, consequential damage, loss of profit or loss of data is excluded to the extent permitted by law. Liability is in every case limited to the value of the order. Mandatory statutory liability provisions (in particular under the Product Liability Act) remain reserved.

In the case of security installations (video surveillance, alarm systems), Procon points out that no technical system can offer absolute security. Procon is not liable for damage caused by third parties despite a professionally installed system.

9. Maintenance and support

Maintenance and support services are agreed separately. Where a maintenance contract exists, its provisions apply in addition. Response times and availability are governed by the relevant agreement (e.g. a service level agreement).

10. Data protection

Procon processes personal data within the framework of the statutory provisions. Details are set out in the privacy policy. When image and video data from surveillance systems is processed, the Customer is responsible for compliance with data protection requirements (e.g. the obligation to display signage); Procon provides advice on this on request.

11. Force majeure

Events of force majeure (e.g. natural events, strikes, official measures, pandemics, failures of upstream suppliers) release Procon from its obligation to perform for their duration. The Customer derives no claims for damages from this.

12. Schlussbestimmungen

Should individual provisions of these GTC be invalid, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by a valid one that comes closest to its economic purpose.

Swiss law applies exclusively, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction is Dietikon, unless mandatory statutory provisions specify another venue.

Version: June 2026 · Procon IT Security Solutions GmbH, Dietikon