Warranty

5. Warranty and liability

5.1 Warranty for defective products shall be limited to cases in which the seller has fraudulently concealed a defect from the buyer (Art. 199 of the Swiss Code of Obligations (OR)). Any further warranty shall be excluded.

5.2 Liability for any loss suffered by the buyer as a result of defective products shall be excluded. This covers all liability for both direct and indirect damage. If liability for damage is compulsory by law, the liability shall, in any event, be limited to the listed purchase price.

5.3 Otherwise warranty shall be based on the statutory regulations.

6. Limitation of liability

6.1 Without prejudice to deviating provisions in this contract, the seller’s liability towards the buyer shall be limited to cases of intention or gross negligence. Liability for auxiliary persons shall be excluded. Liability shall, in any event, be limited to the listed purchase price.

6.2 Proper use by trained staff shall be assumed. Training must be carried out by authorised personnel of SimAviatik.

6.3 Liability shall be excluded if losses arise as a result of professional training and commercial use.

6.4 If simulator parts are integrated or replaced at a customer’s site by a third party supplier and if maintenance work is carried out by a third party, the warranty shall lapse.

7. Developments / Updates

7.1 The buyer shall acquire the products in the configuration and design at the time the contract is concluded. Any further developments and software updates in respect of the products shall not be included. In particular, the seller is not obliged to develop the products any further or to offer software updates.

7.2 If the seller offers developments and software updates in the future and if the buyer wishes to buy such, this shall form the object of a new contract to be concluded by the parties. Neither the seller nor the buyer is obliged to conclude such a contract.

8. Reservation of title

8.1 The products shall remain the property of the seller until the purchase price and all costs associated with the sale and delivery of the products have been paid in full.

8.2 The seller shall be authorised and empowered to arrange for the registration of its reservation of title in the relevant register of ownership with the authorities having jurisdiction. The buyer shall assist with the registration.

9. Software

9.1 SimAviatik AG does not sell software. All software shall be acquired by the buyer.

10. Terms of warranty

10.1 SimAviatik AG guarantees the quality of all products under a twelve (12) month warranty. Excluded from the warranty is the software and its interaction with the system/simulator. The replacement and the subsequent cost of this replacement like meals, accomodation, freight and custom taxes will be at the expense of the buyer.

10.2 The buyer is aware that the simulators of SimAviatik AG entail maintenance costs.

10.3 Without prejudice to deviating provisions in this contract, the seller’s warranty towards the buyer shall be limited to cases of intention or gross negligence.