1.1 These General Terms and Conditions of Business and Delivery (GTC) form an integral part of all offers, services, order confirmations, deliveries, installations, invoices and other services provided by FORM AG - kreativer Macher and its customers (clients). Unless other agreements have been made in writing or unless mandatory statutory provisions stipulate otherwise. Placing an order implies acceptance of these GTC by the Client. The following terms and conditions apply to all contracts concluded between the Client and FORM AG - kreative Macher for the execution of orders, in particular the delivery and assembly of goods. Any deviating terms and conditions of the Principal that are not expressly recognized by FORM AG - kreative Macher are not binding for the Contractor, even if FORM AG - kreative Macher does not expressly object to them.

2.1 Drafts, drawings, digital data, prototypes and models are the property of FORM AG - kreative Macher and may only be reproduced or made accessible to third parties with written permission.

2.2 The client is responsible for obtaining permits (e.g. for the erection or attachment of advertisements, façade lettering, illuminated signs, signposts, etc.), unless otherwise agreed in writing.

2.3 use of print templates and data supplied the client shall be subject to the assumption that the client holds the corresponding copyrights or reproduction rights. The client shall ensure that the material supplied by him does not infringe any third-party rights. The client shall be solely and fully liable for any damages incurred by FORM AG - kreative Macher because third parties assert claims based on the use of such materials. The client is also liable for the correctness and completeness of the content of the data supplied and for compliance with statutory provisions.

2.4 If original artwork and samples of any kind are lost or can no longer be used as intended, the liability of FORM AG - kreative Macher is limited to the value of the material, up to a maximum of CHF 500.00 per claim. Any further liability for direct and indirect damage is expressly excluded.

3.1 Unless otherwise stated, the price calculations in the quotations are based on complete documents and data suitable for calculation, as well as binding, unambiguously specified content, status and dimensions. Quotations that are made on the basis of inaccurate or not yet available documents are generally deemed to be target price quotations. For open-ended offers, the price commitment expires after 30 days. After this period or after expiry of the agreed period, FORM AG - kreative Macher is released from all guaranteed prices and deadlines as well as from the obligation to provide services and can offer these again.

4.1 Orders are only binding if they have been confirmed in writing by FORM AG - kreative Macher. A written confirmation by e-mail is sufficient. An order is deemed to have been placed as soon as an order is received. Any price agreements deviating from the respective valid offer shall only become valid once they have been confirmed in writing by FORM AG - kreative Macher by means of an order confirmation. In the case of orders for the account of third parties, the client remains a party to the contract alongside the third party and thus a debtor alongside the third party until the service has been paid in full. This also applies to any default costs (interest, collection).

5.1 For all services, print orders, products and prototypes, the respective valid order confirmation shall apply, unless a different price has been expressly confirmed in writing by FORM AG - kreative Macher. Unless otherwise agreed, all prices are net prices plus VAT and shipping costs. Packaging material within the usual scope is included in the prices, unless the client is informed of other conditions. Prices are subject to any increases in material prices or wages that may occur before completion of the order.

5.2 We expressly reserve the right to change prices due to changes in raw materials and exchange rates.

5.3 Subsequent costs which are attributable to ambiguities in the order shall be borne by the client.

5.4 The hourly rates of FORM AG - kreative Macher apply to the performance of work under direction or work ordered by the client. Travel time shall be invoiced as normal working time including any surcharges (e.g. for night or weekend work). Assembly accessories, delivery vehicles and mileage compensation will be invoiced separately.

5.5 If the client cancels orders placed, he shall bear the costs already incurred.

5.6 Invoices must be paid strictly net within the payment period stated on the invoice. If no payment deadline is stated on the invoice, a payment deadline of 30 days shall apply. After expiry of the payment period, the client shall be in default without a reminder. In the event of late payment, default interest of 5% shall be charged. In addition, FORM AG - kreative Macher is entitled to refuse further deliveries in the event of late payment.

6.1 Firmly guaranteed delivery dates only apply if these are confirmed in writing by FORM AG - kreative Macher and the necessary documents (image and text templates, data, good for printing, etc.) are received by FORM AG - kreative Macher at the agreed time. Likewise, the promised delivery dates shall only apply if payment is made on time, in particular in the case of advance payment. The delivery dates confirmed upon acceptance of the order are approximate. If the supplied print data or other documents show defects after confirmation of a delivery date, FORM AG - creative makers is no longer bound by the delivery deadline. The same applies in the event of late approval by the client. If FORM AG - kreative Macher falls behind schedule through no fault of its own, e.g. due to work stoppages, strikes, war, energy or material shortages, default or breach of contract by third parties (e.g. subcontractors, suppliers) and all cases of force majeure, this does not entitle the client to withdraw from the contract/order and/or to claim damages from FORM AG - kreative Macher. In the event of a delay in delivery that is clearly and demonstrably the fault of FORM AG - kreative Macher, the latter shall be liable up to a maximum of the value of the goods and only if a delivery date has been confirmed in writing by the Contractor.

6.2 Delivery shall be at the risk of the Client from the place of production and shall be made to the delivery address specified by the Client and on the Client's account. Any subsequently agreed different delivery address must be expressly confirmed in writing by the Contractor. Should any externally visible damage to the goods be apparent when the goods are handed over by post, forwarding agent, courier, etc., this may only be accepted if these defects are recorded in writing on the spot by the transport company. Damage reports submitted subsequently will not be considered.

6.3 The client shall carefully inspect the delivered goods upon receipt. Any complaints regarding quality and quantity must be in writing within 10 days of receipt at the latest. FORM AG - kreative Macher shall no longer be liable for defects reported later. In the event of a justified complaint, for which FORM AG - kreative Macher is clearly and unequivocally responsible, FORM AG - kreative Macher undertakes to rectify the defect or provide a replacement within a reasonable period of time. Further warranty claims are excluded.

6.4 Sketches, drafts, design proposals, originals and photographic work will be invoiced even if no corresponding order is placed.

6.5 If the client does not accept the goods within a reasonable period of time after notification of completion, FORM AG - kreative Macher is entitled to invoice the goods and to charge the client for any storage costs (including those of third parties) and any disposal costs.

7.1 The delivered goods remain the property of FORM AG - kreative Macher until the purchase price and all claims existing at the time of delivery have been paid in full. FORM AG - kreative Macher reserves the right to have the ownership entered in the retention of title register. Claims arising from the resale of the delivered goods are assigned to FORM AG - kreative Macher in advance in the same way.

8.1 Upon payment of the fee owed, the client acquires only a simple right of use for the reproduction and distribution of the works created by FORM AG - kreative Macher. The acquisition of exclusive rights of use by the client requires an express written agreement between the parties. In any case, the rights of use shall not be transferred until the agreed remuneration has been paid in full.

8.2 Reproductive rights The reproduction and production of all data, image and text templates, logos, samples and the like made available to FORM AG - kreative Macher by the client is subject to the condition and assumption that the client holds the corresponding reproduction rights and that the rights of third parties are not infringed. This also applies to archive data and its reuse. If third parties assert an infringement of their rights against FORM AG - kreative Macher, the Client undertakes to indemnify FORM AG - kreative Macher against all claims asserted, at the latest upon written request, and to compensate FORM AG - kreative Macher for all damages resulting from an infringement of rights.

8.3 Reproduction documents, tools The working documents created by FORM AG - kreative Macher (films, data, typesetting, templates, montages, printing plates, etc.) and tools (cutting dies, etc.) remain the property of FORM AG - kreative Macher.

9.1 Form AG reserves the right to send specimen copies of orders to third parties as quality samples or to use them for its own advertising purposes, even without the express consent of the customer.

9.2 Data, photos, text, images and video material from productions and end products may also be used for advertising and marketing purposes in social media and on the FORM AG - kreative Macher website.

10.1 We reserve the right to deviations in execution and material, in particular cutting accuracy, fidelity to the original of the reproduction, tonal value and quality of the material carrier (paper, cardboard, polystyrene, glass, wood, Dibond, etc.) that are customary in the industry. Insofar as tolerances are imposed on FORM AG - kreative Macher by suppliers, these shall also apply to the client.

11.1 Materials procured by the client must be delivered free of charge to FORM AG - kreative Macher. The client is liable for all damages that may arise from any unsuitability of the material (quality and quantity). This also includes the storage of the material at the expense and risk of the client.

13.1 The client is obliged to check the control and test documents (data, proofs, documentation, prototypes, 3D data, renderings, etc.) sent to him before the final production of the order for errors and to return these, the approval for printing/execution and any correction instructions, within a timely period. FORM AG - kreative Macher is not liable for errors overlooked by the client. The client acknowledges that any agreed delivery deadlines shall be automatically extended in the event of late submission of control and inspection documents.

13.1 Der Auftraggeber ist verpflichtet, die ihm vor der Endfertigung des Auftrages zugestellten Kontroll- und Prüfdokumente (Daten, Proofs, Dokumentationen, Prototypen, 3D Daten, Renderings usw.) auf Fehler zu überprüfen und diese, mit dem Gut zum Druck/ - Ausführung und allfälligen Korrekturanweisungen versehen, innerhalb einer zeitnahen Frist zurückzugeben. Die FORM AG - kreative Macher, haftet nicht für vom Auftraggeber übersehene Fehler. Der Auftraggeber nimmt zur Kenntnis, dass allfällig vereinbarte Lieferfristen sich automatisch bei zu spät eingereichten Kontroll- und Prüfdokumenten verlängern.

14.1 For all information in connection with the handling of data, FORM AG - kreative Macher refers to its separate privacy policy.

15.1 Any further claims for damages by the client other than those expressly stated in these terms and conditions, whether for improper delivery or other legal reasons, are excluded, as is the assertion of related consequential damages.

16.1 Swiss law applies to all contracts between FORM AG - kreative Macher and its clients. The exclusive place of jurisdiction is the registered office of FORM AG - kreative Macher.

17.1 Should one or more of the above conditions become invalid in whole or in part, all other conditions shall remain unaffected. The invalid provision(s) shall be replaced by the statutory provisions.