SwissSEM Technologies AG
The copyright and all other rights to content, images, photographs or other files on this website belong exclusively to SwissSEM Technologies AG or to the specifically named copyright holders. The written consent of the copyright holder must be obtained in advance for the reproduction of any elements.
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Terms & Conditions
These General Terms and Conditions for suppliers of SwissSEM shall govern all orders placed by SwissSEM unless SwissSEM has expressly confirmed alternative agreements in writing. If the relevant supplier refers to its own terms and conditions of delivery, they shall not be recognised as binding by SwissSEM. If the supplier objects to the GTC in an order confirmation, this shall be regarded as the rejection of SwissSEM's order. If the supplier nevertheless executes the order, SwissSEM will regard this as the subsequent recognition of these GTC and a waiver of the supplier's terms and conditions of delivery.
Only orders placed in writing shall be deemed valid. Orders placed verbally and alterations to orders shall require written confirmation from SwissSEM. Offers and cost estimates shall be provided free of charge, irrespective of any preliminary work.
The supplier shall provide written acknowledgement of any orders placed. If no acknowledgement is sent, this shall be regarded as acceptance of the order on the terms contained therein.
In the absence of any agreements to the contrary in the written order (section 2.1) the prices set in the quotation provided by the supplier shall be regarded as fixed prices with delivery free to the place of destination.
Any additional costs as a result of changes must be agreed in writing prior to delivery.
Deliveries shall be due on the agreed date at the place of destination. Partial deliveries and early deliveries are only permitted by written acceptance of SwissSEM. Partial deliveries must be clearly identified as such in the shipping documents. SwissSEM reserves the right to refuse to accept the delivery of excess quantities and in the case of shortfalls to demand that the missing quantities be subsequently delivered on the same terms. SwissSEM shall be entitled to check the progress of work at manufacturer’s or supllier’s premises at any time.
If it becomes apparent that the delivery date will be overstepped, the supplier must immediately notify SwissSEM in writing of the reason and the probable duration of the delay.
If the supplier is in default and a reasonable extended deadline has expired to no avail, SwissSEM may withdraw from the contract and cancel the delivery. SwissSEM reserves the right to claim damages from the supplier.
Drawings, samples and other documents provided, including any details derived from them, shall remain the property of SwissSEM. Such documents may not be made available to third parties, neither directly nor indirectly. The documents are solely for the production and delivery of the item that has been ordered. The supplier shall treat the order and the information thus obtained as strictly confidential, regardless of whether such information is known to or could be known to third parties.
It is not permitted to use the enquiries and orders from SwissSEM nor any items delivered as a result for advertising purposes without SwissSEM's written permission.
The supplier is responsible for ensuring that the goods it delivers do not infringe any copyrights, patents, trademarks, utility models or any other third-party rights. The supplier shall be liable for any consequences of such infringements.
The resources provided by SwissSEM to the supplier must be treated with care and returned in immaculate condition after completion of the order, unless otherwise agreed. Their use for third parties is prohibited.
The resources provided must be appropriately stored, maintained and insured against any damage at the supplier's own expense.
In the absence of any agreement to the contrary, transport shall be effected to the place of destination at the supplier's risk and expense. The benefit and the risk shall pass to SwissSEM as from thetime when it accepts the goods at the agreed point of reception. Each consignment must be accompanied by a delivery note. The goods items must be clearly indicated.
The supplier shall be responsible for professional packaging. This shall be subject to special instructions from SwissSEM but does not release the supplier from its responsibility for ensuring professionaland safe packaging.
Prior to delivery, the goods must be examined in order to ensure that they are in accordance with SwissSEM's order in terms of both quality and quantity. The supplier guarantees that the goods shall have the promised and prescribed characteristics and specifications.
SwissSEM shall be notified in writing immediately prior to implementation of any quality and/or technical changes with respect to the specifications and previous deliveries. SwissSEM shall be entitled to withdraw from the contract in case of changes.
SwissSEM shall inspect the goods delivered and submit any complaints as swiftly as possible, but without being bound to a deadline. Payments and any acceptance of work shall not be deemed to be a waiver.
The supplier undertakes to repair free of charge any defects which become apparent in the delivered goods within two years after delivery to SwissSEM and which are attributable to a delivery not in conformity with the order placed by SwissSEM.
In the case of default SwissSEM shall have the right to repair the defects or have them repaired at the supplier's expense. 6 All expenditure incurred due to failure to observe SwissSEM's instructions or due to defective deliveries shall be borne by the supplier.
All expenditure incurred due to failure to observe SwissSEM's instructions or due to defective deliveries shall be borne by the supplier.
Invoice amounts without clear details in respect of the order number, the order item, the number of units, the SwissSEM article number (if such a number exists), a description of the goods and origin criteria shall not be due until the missing information has been formally provided or confirmed.
Delays in payment by SwissSEM due to missing information (section 9.1) shall not represent default and shall not exclude any agreed cash discount.
Unless otherwise agreed, payment shall be made within 60 days net after the acceptance of thegoods. SwissSEM reserves the right to set off the supplier's claims against any counterclaims of itsown.
It is expressly agreed that there shall be no assignment or setoff of claims by the supplier.
The domicile of SwissSEM shall be the legal venue for both the supplier and SwissSEM. However, SwissSEM shall be entitled to commence legal action against the supplier at the supplier’s domicile.
Legal relations between SwissSEM and the supplier shall be governed by substantive Swiss law. The United Nations Convention on the International Sale of Goods shall not apply.
The controller within the meaning of the EU General Data Protection Regulation (GDPR) and other applicable national data protection laws is:
SwissSEM Technologies AG, Dammweg 23, 5600 Lenzburg, Switzerland
Tel. +41 79 123 92 07
SwissSEM Technologies AG (hereinafter referred to as “SwissSEM” or “we”) only collects and uses personal data of the users of this website insofar as this is necessary for the provision of a functional website as well as for its content and services. The personal data of our users will normally only be collected and processed with the user's consent. An exception applies in cases in which prior consent cannot be obtained for material reasons and the processing of the data is permitted by legal provisions.
In general, the processing of personal data has its legal basis in the relevant law applicable.
In case of application of the GDPR: Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6(1)(a) GDPR provides the legal basis for the processing of personal data. Art. 6(1)(b) GDPR provides the legal basis for the processing of personal data required for the performance of a contract to which the data subject is a party. This also applies to processing operations that are necessary in order to carry out pre-contractual measures. Insofar as the processing of personal data is required in order to fulfil a legal obligation to which our company is subject, Art. 6(1)(c) GDPR provides the legal basis. In the event that the vital interests of the data subject or another natural person require the processing of personal data, Art. 6(1)(d) GDPR provides the legal basis. If processing is necessary in order to safeguard a legitimate interest of our company or of a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6(1)(f) GDPR provides the legal basis for processing.
The personal data of the data subject will be erased or blocked as soon as the purpose of storage ceases to exist. Furthermore, data may be stored if provided for by national legislators to which the controller is subject. The data will also be erased or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for the continued storage of the data for the conclusion or fulfilment of a contract.
Every time you visit our website, the system of our website hosting provider automatically collects data and information from the computer system you are using. The following data are collected:
(1) The IP address of the user
(2) The operating system of the user’s computer
(3) the type of browser used
(4) The date and time of access
The data are also stored in the log files of our website hosting providers system. These data are not stored together with other personal data of the user.
The temporary storage of the IP address by the system is necessary in order to enable the website to be delivered to the user's computer. For this reason, the IP address of the user must remain stored for the duration of the session.
The data are stored in log files in order to ensure the functionality of the website. In addition, the data help us to optimize the website and to ensure the security of our information technology systems. Data collected in this way will not be evaluated for marketing purposes.
The data will be erased as soon as they are no longer required in order to achieve the purpose for which they were collected. Where data are collected for the provision of the website, this occurs when the respective session ends.
If data are stored in log files, this occurs after twenty-four hours at the latest. Continued storage to evaluate visitor statistics is possible. For this purpose, your data will be stored at Hostpoint on servers in Switzerland.
The collection of data for the provision of the website and the storage of data in log files is absolutely essential for operation of the website. The user consequently has no right to object.
Technically necessary cookies are used in order to make it easier for the user to browse the website. Some of the functions of our web pages may not be available unless cookies are used. For these functions it is essential that the browser is detected again after the user has visited another page.
We need cookies for the following purposes:
(1) Applying language settings
The user data collected by technically necessary cookies will not be used in order to create user profiles.
The transmission of flash cookies cannot be disabled by settings on the browser, but may be disabled by changes to the Flash Player settings.
Our website may provide for contact forms that can be used to make contact electronically. If a user makes use of this option, the data entered in the input screen will be transmitted to us and stored. These data are:
Name, address, email, message content
The following data will also be saved at the time the message is sent:
(1) The IP address of the user
(2) The date and time of registration
Alternatively, you can make contact using the email addresses provided. In this case the user’s personal data provided with the email will be stored.
Data provided in this context will not be forwarded to third parties but will only be used for the purposes of processing the conversation.
We process the personal data provided in the input screen solely in order to handle the contact request. In the case of contact by email, this also establishes the necessary legitimate interest for us in processing the data. The other personal data processed during the send process are used to prevent any misuse of the contact form and ensure the security of our information technology systems.
The data will be erased as soon as they are no longer required in order to achieve the purpose for which they were collected. For the personal data from the input screen of the contact form and the personal data that were sent by email, this is the case when the respective conversation with the user has ended. The conversation has ended if the circumstances suggest that the relevant matters have been finally clarified.
The user has the possibility at any time of withdrawing its consent to the processing of its personal data. If the user contacts SwissSEM by email, he may at any time object to the storage of its personal data. In such a case the conversation cannot be continued.
The notice of objection must be sent to the above contact details by email or in writing. In this case all personal data stored in the course of contacting us will be erased.
SwissSEM is constantly aiming at enhancing its website. For this reason, we may collect information through the website in an anonymised form, i.e. domain name, tracking the pages you visit and the time spent on pages. Google Analytics supports us in this regard. They collect and process anonymised information through your browser when visiting this website.
The respective information is used for statistical and marketing purposes only and is not disclosed to third parties.
The data will be erased as soon as it is no longer required in order to achieve the purpose for which they were collected. The data may also be stored without timely limitation, for it only being stored anonymised.
The collection of data for the enhancement of the website and its use for statistical and marketing purposes is essential for the operation of the website. Furthermore, the data is passed along to Google Analytics in a fully anonymised form. The user consequently has no right to object.
Our website may use social media plugins (“plugins”) from social networking sites such as LinkedIn. If you access our website using such a plugin, your browser will contact the server of the underlying social networking site, load the visual presentation of the plugin, and present it to you. While this is happening, the social networking site receives information concerning your visit to our website, as well as further data such as your IP address.
We have no influence on the amount of data that social networking sites collect via an active plugin. For more information, please consult the relevant data privacy notices of the respective social media providers.
The respective plugins are provided in order for visitors of this website to voluntarily follow SwissSEM on the respective social networks.
For the duration of storage of the data processed via the social media plugins please refer to the data privacy notices of the respective social media providers. SwissSEM does not process such data itself.
As to the possibility of objection and removal please refer to the data privacy notices of the respective social media providers. SwissSEM does not process such data itself.
If your personal data are processed, you are a data subject within the meaning of the GDPR and you have the following rights granted by the GDPR vis-à-vis the controller.
You can demand confirmation from the controller whether we are processing personal data concerning you. If such processing is taking place, you can demand the following information from the controller:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data being processed;
(3) the recipients or categories of recipients to whom the personal data concerning you have been or are still being disclosed;
(4) the planned duration of the storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period;
(5) the existence of a right to the rectification or erasure of personal data concerning you, a right to the restriction of processing by the controller or a right to object to such processing;
(6) the existence of a right to lodge a complaint with a supervisory authority;
(7) any available information on the origin of the data if the personal data are not collected from the data subject;
(8) the existence of automated decision-making including profiling in accordance with Art. 22(1) and (4) GDPR and - at least in these cases - meaningful information about the logic involved and as well as the significance and the envisaged consequences of such processing for the data subject.
You have the right to demand information as to whether the personal data concerning you is transferred to a third country or to an international organisation. In this context, you may demand to be informed of the appropriate guarantees pursuant to Art. 46 GDPR in connection with the transfer.
You have the right to obtain rectification and/or completion from the controller without undue delay if your personal data processed are incorrect or incomplete.
You may request that the processing of personal data concerning you be restricted where one of the following applies:
(1) you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
(3) the controller no longer needs the personal data for the purposes of processing, but you require them for the establishment, exercise or defence of legal claims, or
(4) you have lodged an objection to processing pursuant to Art. 21(1) GDPR and it has not yet been determined whether the legitimate grounds of the controller override your grounds.
If the processing of your personal data has been restricted, such data may only be processed - apart from being stored - with your consent or for the purpose of the establishment, exercise or defence of rights or the protection of the rights of another natural or legal person or on grounds of important public interest.
If the processing has been restricted according to the above conditions, you will be informed by the controller before the restriction is lifted.
a) Duty to erase
You may request the controller to erase your personal data without undue delay. The controller is obliged to erase this data without undue delay if one of the following reasons applies:
(1) the personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed;
(2) you withdraw your consent, on which the processing was based and there is no other legal basis for the processing;
(3) you lodge an objection against the processing and there are no compelling legitimate grounds for the processing;
(4) the personal data concerning you have been processed unlawfully;
(5) the deletion of personal data concerning you is necessary in order to fulfil a legal obligation under any law to which the controller is subject to; or
(6) the personal data concerning you were collected in relation to information society services offered pursuant to Art. 8(1) GDPR.
b) Information to third parties
If the controller has made the personal data concerning you public and is obliged to erase it, the controller, taking account of available technology and reasonable cost of implementation, will take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
The right to erasure does not exist insofar as the processing is necessary:
(1) for exercising the right of freedom of expression and information;
(2) for compliance with a legal obligation which requires processing by law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) for reasons of public interest in the area of public health in accordance with Art. 9(2)(h) and (i) as well as Art. 9(3) GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89(1) GDPR in so far as the right referred to in paragraph (a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
(5) for the establishment, exercise or defence of legal claims.
If you have exercised your right to have the controller rectify or erase data or restrict its processing, the controller is obliged to inform all recipients to whom your personal data have been disclosed of this rectification or erasure of the data or restriction on processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed of such recipients.
You have the right to receive the personal data concerning you, which you have provided to a controller, in a structured, commonly used and machine-readable format. You also have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
(1) the processing is based on consent pursuant to Art. 6(1)(a) or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR; and
(2) the processing is carried out by automated means.
In exercising this right, you also have the right to have the personal data transmitted directly from one controller to another, where technically feasible. This must not adversely affect the rights and freedoms of others.
You have the right to object, on grounds relating to your particular situation, at any time to processing of your personal data which is based on Art. 6(1)(e) or (f) GDPR; this also applies for profiling based on those provisions.
The controller will no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to processing of your personal data for such marketing; this also applies for profiling to the extent that it is related to such direct marketing.
If you object to processing for direct marketing purposes, the personal data will no longer be processed for such purposes.
In the context of the use of information society services, you may exercise your right to object by automated means using technical specifications.
You have the right to withdraw your consent on data processing at any time. The withdrawal of consent will not affect the lawfulness of the processing carried out on the basis of the consent until withdrawal.
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects on you or which affects you in a similarly significant way. This does not apply if the decision:
(1) is necessary for entering into, or performance of, a contract between you and a data controller;
(2) is authorised by law to which the controller is subject and which also lays down suitable measures to safeguard yours rights and freedoms and legitimate interests; or
(3) is based on your explicit consent.
However, these decisions must not be based on special sensitive categories of personal data unless legal exceptions apply and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.
In the cases referred to in (1) and (3), the data controller will implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the EU-Member State of your habitual residence, place of work or place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.
In such a case, the supervisory authority with which the complaint has been lodged will inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78 GDPR.