Terms and Conditions Motcom Communication AG - Version 07.2026
1. Provider and Scope
These Terms and Conditions (T&C) apply to all offers, orders, deliveries, services, projects, support services, maintenance, installations, online orders, and other business relationships between Motcom Communication AG, Grindlenstrasse 3, CH-8954 Geroldswil (hereinafter referred to as "Motcom" or "Supplier"), and its customers (hereinafter referred to as "Customer").
The T&C apply regardless of whether a contract is concluded via the webshop, by e-mail, by phone, in writing, through an offer, as part of a project, or otherwise.
Individual written agreements, order confirmations, offers, performance descriptions, or service level agreements take precedence over these T&C. Deviating terms of the Customer apply only if Motcom has expressly agreed to them in writing.
2. Customer Base and Language of Contract
Motcom serves business customers, authorities, organizations, and private customers. Individual products or services may only be offered to specific customer groups due to technical, regulatory, logistical, or manufacturer-specific requirements.
The language of the contract is primarily German. Other language versions serve for clarity. In case of contradictions, the German version takes precedence unless expressly agreed otherwise.
3. Offers, Product Information, and Quotations
Details regarding products, services, prices, availability, technical specifications, images, data sheets, delivery times, and other information are non-binding unless they are expressly marked as binding.
Offers without an expressly stated acceptance period are non-binding. Motcom can adjust or withdraw offers, prices, product descriptions, and availabilities at any time until a contract has been concluded.
Technical data, compatibilities, approvals, and manufacturer information are taken over to the best of our knowledge. In case of doubt, the information provided by the respective manufacturer or the individually confirmed performance description is decisive.
4. Conclusion of Contract
Orders and requests from the Customer are considered an offer to conclude a contract. A contract is only concluded when Motcom expressly accepts the order, issues an order confirmation, ships the goods, or begins performance.
For orders via the webshop, an automatically generated email initially confirms the receipt of the order. This order confirmation does not represent acceptance of the contract unless it is expressly designated as an order confirmation.
If ordered products or services are not available or only partially available, Motcom will inform the Customer. In this case, Motcom may propose replacement delivery, partial delivery, later delivery, or cancellation. Amounts already paid for non-deliverable positions will be refunded.
5. Prices, Value Added Tax, and Additional Costs
The prices stated in the offer, order confirmation, or webshop at the time of order apply. Price information is generally given in Swiss Francs (CHF) unless stated otherwise.
For end customers, prices are stated including legal value added tax, where the price disclosure requires this. For business customers, prices can be stated net plus value added tax, provided this is clearly identifiable.
Additional costs such as shipping, packaging, transport insurance, express surcharges, customs, import and export duties, assembly, installation, configuration, licenses, travel times, or expenses will be charged separately or agreed upon and borne by the Customer unless otherwise agreed.
Obvious pricing errors, typographical errors, or technical errors entitle Motcom to correct or reject the order. The Customer will be informed in such cases.
6. Payment Terms and Methods
Depending on the order, customer group, order value, and risk, Motcom can offer different payment methods, specifically payment on invoice, credit card, TWINT, prepayment, or other payment methods mentioned in the order process or offer. There is no entitlement to a specific payment method.
Motcom may restrict, refuse, or only offer certain payment methods against prepayment, particularly for new customers, high order values, special orders, outstanding claims, credit risks, or suspected abuse.
In case of payment by invoice, the invoice amount is due within 30 days from the invoice date without any deductions, unless agreed otherwise. Motcom may demand partial payments, advance payments, or prepayments, especially for projects, services, custom products, or high order values.
For payments by credit card, TWINT, or other electronic payment methods, the charge or reservation takes place during the order process, upon shipment, or at the beginning of the performance. The payment processing is conducted via external payment service providers. Additionally, their terms apply as far as they are necessary for the payment processing.
If a payment fails, a transaction is reversed, or an invoice remains unpaid, Motcom can withhold deliveries and performances, cancel orders, charge reminder fees, default interest, and collection costs, and make further services dependent on prepayment.
Set-off is only permissible with undisputed or legally established counterclaims. Withholding payment is only allowed if a legitimate and sufficiently documented complaint exists or if mandatory law provides for it.
7. Delivery, Deadlines, Transfer of Risk, and Partial Deliveries
Delivery dates and delivery times are guidelines unless they have been expressly confirmed in writing as binding. Delays do not automatically entitle the Customer to damages, withdrawal, or price reduction.
Motcom is not liable for delivery delays caused by manufacturers, importers, suppliers, transporters, authorities, customs, export or import restrictions, missing permits, delivery stoppages, material shortages, or force majeure.
Motcom is entitled to partial deliveries and partial performances provided these are reasonable for the Customer. Additional costs will only be charged if agreed or announced in advance.
The benefits and risks transfer, as far as legally permissible, upon handing over the goods to the carrier, in case of pick-up upon making the goods available for pick-up, upon delivery by Motcom when handing over to the Customer, and for assembly or installation services at the latest upon commencement of installation at the site to the Customer. This also applies to freight deliveries unless mandatory law provides otherwise.
Deviating delivery conditions, especially Incoterms, apply only if they have been expressly agreed in the offer, order confirmation, or in a separate contract with indication of the specific Incoterms and the relevant place. Without such an explicit agreement, the delivery and transfer of risk rules of these T&C apply.
Transport damages must be reported to Motcom and the carrier as soon as possible. Visible damages should be documented upon receipt.
8. Obligations of Cooperation and Delay in Acceptance by the Customer
The Customer must provide all necessary information, access, permits, contacts, rooms, vehicles, systems, power supply, network access, access ways, parking options, and other conditions required for delivery, assembly, installation, support, or project work in a timely manner.
Delays, waiting times, additional trips, or additional efforts due to lack of cooperation, missing contacts, unavailable access, insufficient infrastructure, unissued permits, or unprepared sites may be charged to the Customer based on effort.
If the Customer does not accept a delivery or performance, does not appear at a scheduled appointment, the site is not accessible, or the agreed conditions are not met, the Customer is in delay of acceptance. In this case, Motcom may charge for travel, waiting time, downtime, storage costs, redelivery, and other expenses.
9. Inspection, Defects, and Warranty
The Customer is required to inspect deliveries and services upon receipt or acceptance. Obvious defects, incorrect deliveries, or transport damages must be reported to Motcom in writing within a reasonable time, generally within 5 working days for business customers.
In case of justified defects, Motcom chooses the appropriate method of defect remedy. This may specifically include repair, replacement delivery, reduction, or reversal of the transaction, unless mandatory law provides otherwise.
For products from third-party manufacturers, primarily the warranty conditions of the respective manufacturer apply. Motcom supports the Customer wherever possible in processing warranty claims.
Excluded from warranty and liability are particularly normal wear and tear, improper use, lack of maintenance, interventions by unauthorized persons, unsuitable operating environment, faulty installation by third parties, batteries, accumulators, consumables, software errors from third parties, network disturbances, or changes in legal or technical requirements.
10. Return, Exchange, and Withdrawal
In Swiss online commerce, there is generally no universal legal right of withdrawal unless explicitly granted. Motcom grants returns or exchanges only after prior approval unless mandatory law provides otherwise.
Returns are only possible in unused, complete, and original packaging condition. Special orders, configured products, opened software, licenses, spare parts, hygiene items, used devices, project services, and customized services are generally excluded from return and exchange.
Motcom may charge a restocking or processing fee for approved returns. Shipping costs, payment fees, project costs, assembly and service costs will not be refunded unless otherwise agreed.
11. Services, Projects, Assembly, and Support
For services, engineering, project work, assembly, installation, configuration, maintenance, repair, support, and fault resolution, the respective offer, order confirmation, performance description, or an agreed service level agreement applies in addition.
Unless a flat rate has been agreed upon, services will be charged based on effort according to the currently valid rates of Motcom. Travel times, expenses, express surcharges, on-call services, and materials may be charged separately.
Support services, fault analyses, remote support, and technical recommendations are provided professionally but do not guarantee success unless a specific success has been expressly promised in writing.
Motcom is not liable for consequences of incomplete or incorrect information from the Customer, undocumented system changes, interventions from third parties, missing access rights, or insufficient technical conditions.
12. Project Changes, Change Requests, and Acceptance
Change requests, additional requirements, or extensions after the project start are considered change requests. Motcom may examine their impact on costs, deadlines, resources, technical feasibility, and dependencies, and create an adjusted offer or cost estimate.
Change requests may incur additional costs, rescheduling, and adjustments to already agreed services. Motcom is not obliged to make changes without prior agreement on costs, deadlines, and scope of services.
After the completion of a project, assembly, installation, or configuration performance, Motcom may request acceptance from the Customer. If no justified written complaint is received within 10 working days, the performance is regarded as accepted, provided no substantial defects exist that significantly impede intended use.
Insignificant defects, open residual points or optimizations do not hinder acceptance as long as the performance is essentially usable. Such points will be addressed according to the agreed conditions or based on effort.
13. Software, Licenses, Cloud Services, and Open Source
For software, firmware, apps, cloud services, interfaces, digital content, and licenses, the license and usage conditions of the respective manufacturers or providers additionally apply.
Motcom does not guarantee that software, firmware, interfaces or cloud services are free from defects, uninterrupted, permanently available, or compatible with all system environments unless expressly assured in writing.
Motcom is not liable for manufacturers or providers failing to provide updates, security updates, functions, interfaces, cloud services, platforms, or license models permanently or unchanged.
As far as products contain open-source software, the respective open-source license conditions apply. The Customer acknowledges that such components may be subject to their own licensing, liability, and usage rules.
The Customer is responsible for compliance with licensing conditions, user numbers, durations, export regulations, security provisions, and system requirements. Any transfer, modification, decompilation, or use for third parties is only permitted if expressly allowed.
14. Maintenance, Service, and Support Contracts
Ongoing maintenance, service, support, license, or subscription contracts are subject to the respective agreement, offer, order confirmation, or the service level agreement.
Unless a specific minimum term or notice period has been agreed upon, ongoing contracts may be terminated by either party with a notice period of 30 days to the end of a calendar month.
Already provided services, ongoing license periods, ordered manufacturer services, non-cancellable third-party services, and agreed minimum durations remain payable. An early termination does not exempt the Customer from already incurred or bindingly ordered costs.
Motcom may suspend or terminate ongoing services for an important reason, particularly in case of payment default, security risks, unlawful use, abuse, lack of cooperation, or violation of essential contractual obligations.
15. Customer Responsibilities, Compliance, and Export Control
The Customer uses products and services from Motcom in compliance with the law, appropriately, and only within the intended use. The Customer obtains necessary permits, licenses, frequency releases, import and export documents, and official approvals independently, unless otherwise agreed.
The Customer observes all applicable regulations regarding radio technology, telecommunications, data protection, IT security, occupational safety, export control, sanctions, embargoes, dual-use goods, and end-use declarations.
Motcom may refuse, suspend deliveries or services, or withdraw from the contract in whole or in part if export bans, sanctions, missing permits, unclear end use, compliance risks, official requirements, or manufacturer restrictions are at stake.
The Customer shall indemnify Motcom against claims from third parties arising from illegal, improper, or unapproved use of the products or services.
16. Data Backup and Cybersecurity
The Customer is responsible for the backup of its data, configurations, access data, system settings, and other digital content. Before repairs, maintenance, updates, installations, migrations, or support interventions, the Customer must create appropriate backups.
Motcom is not liable for data loss, recovery costs, or consequential damages provided the Customer has not implemented sufficient data backup or if the damage was caused by systems, software, hardware, cloud services, or networks of third parties.
The Customer is responsible for implementing appropriate technical and organizational security measures in its own IT and communication environment, particularly passwords, access protection, updates, firewalls, network security, user rights, and physical security.
Motcom is not liable for cyberattacks, malware, ransomware, unauthorized access, security vulnerabilities, outages, or data breaches in systems of third parties or in the customer's environment unless Motcom caused these intentionally or through gross negligence.
17. Retention of Title and Project Results
Delivered goods remain the property of Motcom until full payment is made. Motcom is entitled to register a retention of title in the competent register as far as legally provided and appropriate.
Until full payment is made, the Customer may not pledge, transfer ownership as security, or dispose of the goods in a manner that impairs the rights of Motcom.
Concepts, CAD data, plans, schematics, measurements, documentation, configurations, programming, scripts, evaluations, and other project results remain the property of Motcom until full payment is made and may only be used to the extent agreed upon until then.
Rights of manufacturers, licensors, open-source projects, and other third-party rights holders remain reserved.
18. Data Protection and Payment Service Providers
Motcom processes personal data for contract execution, customer service, payment processing, delivery, accounting, security, fraud prevention, marketing, and fulfillment of legal obligations. Detailed information is provided in the current privacy policy of Motcom.
In the case of payments by credit card, TWINT, or other electronic payment methods, payment-related data is transferred to external payment service providers, card organizations, banks, or technical service providers as far as necessary for the payment processing.
Motcom does not normally store complete credit card data unless the payment processing is conducted via external payment service providers. For payment services, the privacy and usage conditions of the respective providers additionally apply.
The privacy policy supplements these T&C regarding the processing of personal data but does not constitute an independent performance or warranty promise.
19. Intellectual Property and Documentation
Offers, concepts, plans, technical documents, schematics, drawings, measurement results, bills of materials, software, documentation, images, and other content from Motcom remain the intellectual property of Motcom or the respective rights holders.
Without prior written consent, such content may not be published, copied, shared with third parties, or used for tenders, competing offers, or other purposes outside of the contractual relationship.
20. Liability and Limitation of Liability
Motcom is liable for direct damages caused by intentional or grossly negligent breach of contract by Motcom. Further liability, particularly for indirect damages, consequential damages, lost profits, production downtime, data loss, operational interruptions, reputational damages, or claims from third parties, is excluded as far as legally permissible.
Where liability of Motcom exists, it is limited to the net order value paid or owed for the affected order, as far as legally permissible. Any insurance coverage does not create further liability for Motcom. If, for a specific damage, Motcom's insurance actually pays out, Motcom's liability is limited to the actual insurance benefit provided. Furthermore, the liability limitations provided for in these T&C apply.
The limitation of liability does not apply to damages arising from intent or gross negligence, personal injury, or further cases where a limitation of liability is legally impermissible.
Liability for auxiliary persons, engaged third parties, manufacturers, suppliers, transport services, payment service providers, network operators, cloud providers, and other third-party providers is excluded as far as legally permissible.
21. Withdrawal, Suspension, and Refusal of Performance by Motcom
Motcom can suspend, refuse deliveries or services, or withdraw from the contract in whole or in part if the Customer does not pay despite reminder, provides false or incomplete information, violates obligations of cooperation, security, or compliance risks exist, or if providing performance becomes unreasonable for legal, technical, or economic reasons.
Withdrawal or suspension is particularly possible in the event of export bans, sanctions, missing permits, manufacturer delivery stoppages, manufacturer insolvency, unavailable components, significant price increases, suspicion of abuse, unlawful use, or force majeure.
Already provided services, ordered non-cancellable third-party services, special orders, and incurred costs remain payable.
22. Force Majeure
Motcom is not liable for non-fulfillment, delayed fulfillment, or additional costs as far as these are caused by events outside the reasonable control of Motcom.
Force majeure includes, in particular, war, terrorism, civil unrest, pandemics, epidemics, natural events, fire, water, power outages, failures of telecommunications or IT infrastructure, cyberattacks, malware, strikes, lockouts, official measures, customs or export restrictions, delivery stoppages, material shortages, transport disturbances, manufacturer insolvency, or failure of essential suppliers.
Deadlines and dates are appropriately postponed. If the event lasts significantly longer or if contract fulfillment becomes unreasonable, either party may terminate the affected contract part. Already provided services remain payable.
23. Limitation Period
Claims from the Customer arising from or in connection with deliveries, services, projects, support, maintenance, or warranty expire, as far as legally permissible, within 12 months from delivery, acceptance, or knowledge of the event constituting the claim.
Statutory mandatory longer limitation periods, particularly for personal injuries, intentional or grossly negligent behavior, and mandatory consumer rights, remain reserved.
24. Changes to the T&C
Motcom may adjust these T&C at any time. For individual orders, the version available at the time of the order or otherwise provided to the customer applies.
For ongoing services, Motcom may notify the Customer of changed T&C with a reasonable notice period. If the Customer does not object within the notified period or continues to use the service, the changes are deemed accepted as far as legally permissible.
25. Severability Clause
If individual provisions of these T&C are ineffective or unenforceable, the effectiveness of the remaining provisions remains unaffected. The parties replace the ineffective provision with an effective regulation that comes as close as possible to the economic purpose.
26. Applicable Law and Jurisdiction
Only substantive Swiss law applies, excluding conflict-of-laws rules and the Vienna Sales Convention (CISG), as far as the exclusion is legally permissible.
The exclusive jurisdiction is the headquarters of Motcom in Switzerland. Mandatory statutory jurisdictions remain reserved.