Version January 2008
1. Scope of contract
These General Terms and Conditions contractually
regulate the purchase and the use of the additional
services (“services”).
The contract pertaining to the additional services is
subject to private law. The purchase of services
from the standard range of services is subject to
the provisions of public law.
2. Supply of services
MeteoSwiss supplies the services to the customer
to the extent agreed upon and for the use defined
in Article 10f of the General Terms and Conditions
and in the separate agreement.
3. Terms of supply
MeteoSwiss supplies the services using the communication
technology available to itself to the
address indicated by the customer.
The customer is placed under the obligation to
accept the services on the basis of the distribution
channels employed by MeteoSwiss.
4. Supply dates
MeteoSwiss guarantees supply in due time of those
services which are available to itself.
MeteoSwiss may supply the services as stipulated
subsequently on non-delivery or incorrect delivery
of services.
5. Transmission faults
The risk of transmission passes to the Customer as
soon as MeteoSwiss has supplied the services.
Each party shall without delay notify the other party
in the event of transmission faults which are traceable
to defects of the transmission circuits / equipment.
Each party shall itself eliminate the fault and bear
the costs of elimination in its own transmission
circuits / equipment.
6. Correctness / completeness
MeteoSwiss shall undertake no guarantee for the
correctness of the services as regards content.
MeteoSwiss shall not guarantee or be liable for the
completeness of the services.
MeteoSwiss excludes all liability for the eventual
loss of the services supplied by it.
7. Services provided by third parties
MeteoSwiss excludes all guarantee / liability for
services provided by third parties and shall not be
liable for the delayed supply of services provided
by third parties.
8. Prices
The customer is liable to pay for the services in
accordance with the prices quoted in the separate
agreement.
All prices are quoted exclusive of value-added tax.
Invoices are payable within thirty days.
The supply address is also the billing address, in
the absence of a separate agreement.
Any further costs arising (expenses, additional
personnel expenditure, etc.) shall be charged separately.
9. Delay in payment
MeteoSwiss shall have the right to refuse further
supply of services on non-payment within the time
stipulated, until full payment of all outstanding sums
including interest of 5% on arrears.
The customer shall owe MeteoSwiss CHF 20.--
collection fee per reminder as well as any costs of
collection and costs of litigation, to the full extent.
10. Scope of use
All incorporeal rights and rights of use shall remain
with their legal owners, whether with MeteoSwiss
or its sub-contractors.
The customer shall receive the right to use the
services as stipulated in a separate agreement.
A use in excess of this is prohibited.
The customer may be authorised to modify formats
and graphical layouts of the services.
It shall require notification if the customer instructs
a third company with the presentation, reprocessing
or evaluation of the services in order to
use the result for itself. In addition, the customer
shall contractually regulate the use of the services
with the third company. The customer shall be
responsible that the third company makes no other
or further use of the services than is authorised to
the customer itself.
All other transmission of the services to third parties
or retailers as well as the sale, pledging or
licensing is prohibited.
11. Duty of protection
The customer shall ensure that no unauthorised
use of the services takes place.
The customer shall provide appropriate instruction
for its staff, take security measures according to
common practice in the industry and shall make
regular checks in order to prevent use in breach of
contract.
In the event of services being used in breach of
contract, MeteoSwiss shall give a notice of 48
hours to eliminate the situation not in accordance
with the contract and to restore the situation in
accordance with the contract.
If the customer fails to restore the situation
according to contract within the period of notice,
the customer shall owe MeteoSwiss a contractual
penalty equal to a one-twelfth part of
the amount paid for services obtained from
MeteoSwiss in the previous year. If this occurs
in the course of the first year, the customer
shall owe the amount of the obtained services
divided by the number of months of the duration
of the contract.
If the customer still fails to eliminate the situation
not in accordance with the contract and does not
restore the situation according to contract within the
subsequent 72 hours, MeteoSwiss shall have the
right to terminate the contract without further warning.
Payments already made shall be forfeited to
MeteoSwiss. Payments due for the current calendar
year shall remain owing and shall be paid in
accordance with the contract. In addition, the
customer shall owe MeteoSwiss a contractual
penalty equal to half the amount paid for the
services obtained from MeteoSwiss in the previous
year. If this occurs in the course of the
first year, the customer shall owe half of the
amount paid for services in the current year.
If MeteoSwiss waives rescission of contract,
the customer still shall owe MeteoSwiss a contractual
penalty equal to half the amount paid
for the services obtained from MeteoSwiss in
the previous year. If this occurs in the course of
the first year, the customer shall owe half of the
amount paid for services in the current year.
The payment of the contractual penalty shall
not release the customer from observance of
contractual duties.
The claim for further damages shall remain expressly
reserved.
12. Indication of source
The source of the services supplied is to be quoted
as follows:
If distributed directly in text formats: “Source: MeteoSwiss”.
If distributed directly in graphic formats: “Source:
MeteoSwiss”.
13. Legal guarantee
MeteoSwiss hereby declares that it is itself entitled
to the services. MeteoSwiss shall accept the costs
of defence as well as further damage if third parties
raise breach of industrial property rights and contractual
claims against the customer as a consequence
of the use of the services, provided that the
breach of the industrial property rights can be
proved to emanate from wilful or grossly negligent
actions taken by MeteoSwiss.
The customer shall notify MeteoSwiss of claims
made without delay and authorise it in writing to
conduct the defence and conclude a settlement.
14. Liability
MeteoSwiss shall be liable for direct damage provided
that the customer proves that MeteoSwiss
has acted wilfully or with gross negligence.
All liability of MeteoSwiss for indirect damage in
excess of this, such as loss of profits, consequential
damage etc. is - within the provisions of the law
- expressly excluded.
Liability of MeteoSwiss for slight negligence is
expressly excluded.
15. Notice
Subscription contracts may be terminated by the
customer by giving one month’s notice in writing
expiring at the end of a period of contract of at least
three months.
16. Alterations to catalogue
MeteoSwiss reserves the right to delete services
from its catalogue following a period of notice of at
least three months.
17. Reservation of requirement as to written form
Alterations and additions to the General Terms and
Conditions shall be in writing. This shall also apply
to the agreement as to written form itself. Verbal
ancillary agreements do not exist.
18. Partial voidness / ineffectiveness
If a provision of the General Terms and Conditions
shall be void or ineffective, neither the remaining
provisions nor the General Terms and Conditions in
general shall thereby be affected.
The parties shall fill the omission in conditions
arising by mutual agreement. A replacement provision
shall correspond with the commercial purpose,
the intended balance and the spirit of the contract.
19. Divergent written agreements
Any divergent written agreements shall take precedence
over the General Terms and Conditions.
20. Amendments to the General Terms and Conditions
MeteoSwiss reserves the right to amend the General
Terms and Conditions at all times.
Amended General Terms and Conditions shall be
notified to the customer in writing or by other suitable
means, and in the absence of objection within
a period of one month, shall be deemed to be approved.
21. Applicable law and place of jurisdiction
This contract shall solely be subject to Swiss private
law.
The sole place of jurisdiction shall be Zurich.
