General terms

General terms and conditions of Unique Graphics

These general terms and conditions are valid for all contracts and agreements concluded between Unique Graphics or whose representative (subsequent mentioned Unique Graphics) and the client. Differing general terms and conditions of the buyer are also not valid if Unique Graphics does not directly contradict.

§ 1 Rights of use

All drafts, pattern and final drawings are underling the copyright law. It is not allowed to change the drafts and final drawings neither the original nor the reproduction without the agreement of Unique Graphics. Each copy - as well as from parts - is forbidden.
Unique Graphics has the right to be mentioned on the web page and in announcements concerning the work as author. Suggestions of the buyer or his employees and delegates have no influence on the amount of the payment and they give no reason in order to have co-copyright.

§ 2 Industrial property of a third party

The customer guarantees that various contents (texts, pictures, graphics, music and video sequences, computer programs, drawings, data bank contents as well as the used domain), which are given to Unique Graphics in order to execute the order, are free of industrial property of a third party or that he is authorized to use the contents for the execution of this contract. The inclusion of the mentioned contents in the web presence as ordered happens at the risk of the buyer. The buyer obliged himself to indemnify Unique Graphics from all claims of a third party, which will be raised against Unique Graphics in connection with the execution of this contract from the point of view of the breach of the rights of a third party. He obliged himself to replace the arising damages from the injury of the rights of a third party.

§ 3 Liability

Unique Graphics is only liable for the intent and gross negligence. This limitation of the liability is also valid for his servants and assistants. Unique Graphics is not liable for the escaped win, missed savings or indirect and / or subsequent damages.

§ 4 Guarantee

Unique Graphics guarantees that the work is not fixed with faults, which are decreasing or cancelling the value or the capability to the general or after the contractual use. An unimportant decrease of this value or the capability remains out of consideration. The legal period of warranty, which is beginning with the day of delivery, is valid. Unique Graphics should be informed in written form concerning faults which are appearing during the guarantee. The guarantee does not contain the elimination of faults, which appear by the normal wear, by external influences or handling errors. The guarantee expires if the buyer changes himself or by a third party apparatus, elements or additional equipments, particularly the design an programming, without the agreement of Unique Graphics.

§ 5 Terms of payment and prices

All invoices have to be paid within 14 days from the date of invoice. The date of the incoming payment is decisive. Unique Graphics is authorized to hold off further deliveries and services in the case of delay.

§ 6 Payment

The payment for the drafts, final drawings and granting of the right of use is made according the contractual agreement with the buyer.

§ 7 Acceptance

It is not allowed to refuse the acceptance due to creative reasons. In the context of the order exists freedom of scope. In the case that ordered workings are taken in parts, a corresponding part payment has to be paid. If the order ranges about a long period of time or if the order demanded high financial advanced payments from Unique Graphics, part payments have to be paid. Adequate is: 1/3 of the total amount by placing the order, 1/3 after finishing of 50 % of the working and 1/3 after delivery.

§ 8 Taxes and fees

Unique Graphics is not responsible for taxes and fees of any nature, which are resulting in connection with any kind of use of the delivered work, homepages etc. The seller obliges himself to take full responsibility for such taxes and fees.

§ 9 Final clause

The seller needs an agreement in written form of Unique Graphics in order to convey his rights of a business relationship with Unique Graphics. A summation against the charge demand of Unique Graphics is only possible for the seller with accepted and legal counter claims. It is only possible to assert a right of retention due to the direct counterclaims of the contract. The Swiss right is valid, place of jurisdiction is the seat of Unique Graphics.

§ 10 Severability clause

In the case that several clauses of this general terms and conditions are or will be completely or partly invalid, other clauses remain unaffected. The concerned clause is getting valid by a clause which comes to the next intended purpose.