5. Prices, modification of contract, terms of payment

5.1 Prices are ex works (except if noted differently on the quote or bill), excluding packaging and VAT in the respective legal amount owed. All costs not expressly included in the price (e.g. for customs, export, transit, import and other approvals and certifications) shall be at the expense of the Purchaser; on request of Flybotix, the Purchaser shall make available a freely clearable advance in the corresponding amount.

5.2 All prices are stated subject to the prerequisite that no general terms and conditions other than these “General Terms and Conditions” apply in the relationship between the Parties. If this is not the case, Flybotix shall be entitled to adjust the prices.

5.3 Flybotix shall be entitled to adjust the prices and conditions to changed circumstances, in particular if (a) the Purchaser requests changes or additions subsequently; (b) (i) the documents and information made available by the Purchaser are incomplete or (ii) do not correspond to the actual conditions; (c) the underlying conditions for the pricing (in particular monetary parities or material prices) significantly change between the time of the offer and the agreed date of performance.

5.4 Unless otherwise agreed, invoices of Flybotix shall be due for payment immediately. Payments are to be made to the bank account named by Flybotix, without deduction of out-of-pocket expenses, taxes, charges, fees, customs and the like and any cash discount which has not been agreed upon. Payments shall only be deemed as effected when Flybotix can dispose of the amount without restrictions.

5.5 If the Purchaser has not effected payment by the due date, the Purchaser shall be in default without warning and Flybotix shall be entitled, without prejudice to further claims, (a) from the time of maturity, to charge default interest amounting to 8 (eight) percentage points above the respective rate of discount of the Swiss National Bank, but not more than the maximum amount permitted by law or (b) to rescind the contract and claim damages.

5.6 In the case of discontinuation of payments by or application for opening of insolvency proceedings against the Purchaser, all claims of Flybotix vis-à-vis the Purchaser under the business relation, including claims for damages, shall become due for payment immediately. In addition, the Purchaser shall irrevocably waive any possible defense of limitation for such a case and Flybotix shall accept such waiver. Furthermore, Flybotix shall be entitled at its own discretion to terminate the business relationship completely or in parts without notice and to claim damages.

5.7 The Purchaser may claim offsetting, liens and rights of retention only in respect of uncontested or legally ascertained counterclaims.

5.8 Flybotix shall be entitled to claim from the Purchaser compensation for all costs in connection with the tracking of any defects and malfunctions notified by the Purchaser if they cannot be found or reproduced by Flybotix.