Terms of Company

Software maintenance and license changes

DC Software Maintenance Program

The OIM license prices include the 1st year of software maintenance program (from the date of purchase). This software maintenance contract is strongly recommended by us and is automatically renewed by 1 year if it is not terminated in writing 3 months before expiration. The costs for the software maintenance of the OIM Data Center licenses amount to 18% of the list prices per year and for the e3m boxes 18% per year of the list prices consisting of software. With OIM SaaS, the software maintenance and the installation of the current version on the server is included in the annual prices.

The maintenance program is purchased for the corresponding software licenses and is valid only for these licenses. The Maintenance Program is a Software Service subscription, valid for one year and includes:

  • Update of the OIM software during the validity period of 12 months The amount for the maintenance program must be paid annually in advance.

Regulations outside of software maintenance

  • express waiver of warranty
  • only access to the last available patches of the delivered software version
  • no more access to upgrades and major releases
  • License changes are no longer possible (data point expansion/additional users etc.)

Software Maintenance Resume:

  • The software maintenance can be resumed at any time, with retrospective payment for the software maintenance since the withdrawal from the standard software maintenance at a cost of 2% of the product list price per month outside of the software maintenance and the renewed conclusion of the standard software maintenance.

DC License Changes (Upgrade)

You can upgrade your e3m-Box and Data Center system configuration with a higher number of I/O's, additional users and connectors. Such an upgrade is calculated from the difference in the list price between the existing and the new configuration plus 10% processing fees.

Note: You can only upgrade from a smaller number to a larger number.

SUB/SaaS Changes

You can upgrade your SUB/SaaS parameters to a higher number of I/O's, additional users and connectors at any time. The price is calculated from the difference between the SUB/SaaS annual costs of the current and the new configuration in the current billing year. This price difference is settled pro rata temporis in the current contract year.

Each of these SUB/SaaS parameter changes incurs a non-discountable administration fee.

Services and Training


We are happy to offer you our professional services around OIM. These include specific training, support in application development, driver development, etc.

We will be happy to provide you with a detailed offer according to your requirements.

General Terms and Conditions


All our information documents, price lists, offers, project planning, verbal and written purchase contracts and deliveries are subject unconditionally, completely and exclusively to the general terms and conditions of OPIT Solutions AG.

Subject to all the conditions below, what is stated in the written purchase contract and/or in the order confirmation is binding. The content of the order confirmation shall be deemed accepted without immediate notification of any complaints. If required, the order confirmation shall apply after the return of the duplicate signed by the buyer.

Information documents / price lists / offers

The information documents (catalogues, product sheets, newsletters, Internet, etc.), price lists and offers, in particular the illustrations and information contained therein, are for closer orientation and are always subject to change and without obligation.


The buyer/customer undertakes to treat all information and data not generally known of which he becomes aware of OPIT Solutions AG as strictly confidential, not to make it accessible to third parties in whole or in part, nor to publish them and to impose this obligation on his employees. The buyer/customer does not use the confidential information economically either for himself or for a third party. He also does not make use of his own research and development.


Unless otherwise stated, the prices are in Swiss francs, net excl. VAT, duty paid, without packaging from OPIT Solutions AG Baden-Dättwil or Saint Maurice.

Our prices are based on US$ or €. In the event of strong exchange rate fluctuations, we reserve the right to adjust the price list. However, we would be happy to provide you with a binding offer at any time.

We reserve the right to change prices at any time up until the conclusion of the contract.


In principle, all payments are to be made to the registered office of OPIT Solutions AG, 30 days strictly net or according to the order confirmation or invoice. The absence of insignificant parts from the order or warranty claims against OPIT Solutions AG do not entitle payments to be postponed. Offsetting against counterclaims that are not recognized by OPIT Solutions AG is excluded.

Terms of payment:

  • 100% of the order value payable net within 30 days.
  • Invoicing strictly net

Interest of 2% above the rate of the Zürcher Kantonalbank for unsecured current account credits to commercial customers (including commission) will be charged as default interest in the event of non-performance or poor performance of the payment obligation.

Advance payment or cash on delivery can be requested at any time. Even after the conclusion of the contract, this should be required by the customer's creditworthiness.

Retention of title

The object of purchase remains the property of OPIT Solutions AG until the purchase price has been paid in full. It is entitled to enter the retention of title in the register at the customer's registered office.

Scope of delivery

The written purchase contract or the order confirmation or the delivery note is decisive for the scope and execution of the delivery. Services that are not included therein will be charged additionally.

We reserve the right to make changes to the object of purchase in terms of construction and design at any time. There is no obligation to make such changes to products that have already been delivered.

Partial deliveries are permitted and will be invoiced.

Delivery obligation

Impossibility or unreasonable aggravation of the service through no fault of our own releases OPIT Solutions AG from the obligation to deliver. The contractual relationship remains unaffected by this. Non-compliance with the terms of payment or the insolvency of the buyer release OPIT Solutions AG from the obligation to perform.

Delivery time

Delivery times serve as guidelines and are not binding as such. Solutions AG endeavors to comply with these even if unforeseeable difficulties arise. Failure to meet the delivery deadlines does not entitle the buyer to withdraw from the contract or to claim damages.

The delivery time for standard software is approx. 2 weeks and for hardware approx. 4 weeks after receipt of the technically and commercially clarified order.

If a delivery date is postponed due to an order change by the buyer, we reserve the right to change prices.

Use and risk, acceptance

Use and risk are transferred to the buyer when the object of purchase is handed over by the carrier.

The object of purchase is deemed to have been accepted if any complaints are not made in writing to OPIT Solutions AG within 8 days of receipt of the shipment, stating the reasons. The return of the purchased item without request is not permitted.


The responsibility of the contractor for claims and rights of the customer for liability and warranty is limited to the total amount of the contract for delivery. Further claims as well as indirect damages or consequential damages or losses, such as loss of income, loss of use, loss of production, capital costs or costs associated with a business interruption are excluded. We only guarantee software products within the scope of the enclosed license agreement.

We are liable for material and manufacturing defects in accordance with Swiss OR. (Obligations law).

Any transport costs or expenses for travel time and expenses shall be borne by the customer.

Software Licenses

With the payment of the purchase price (DC and Box) or rental price (SaaS and SUB), the customer acquires the right to use the software programs received or made available for an unlimited period or for the period defined in the license or to transfer "rights of use" to third parties , according to the always enclosed license agreements.

The buyer only receives the right to use the software for the period of use granted in the license. The source code does not become the property of the customer. The system documentation is supplied in English.

The infringement of the software license rights, in particular the unauthorized transfer of programs, program copies or program manuals, entails a replacement obligation of the buyer towards OPIT Solutions AG, at least in the amount of the claims asserted against OPIT Solutions AG.

Customer assumes full responsibility that the software meets its needs and specifications and that the operating environment (including operator training) contemplated for use of the software is appropriate.

Neither the customer nor any third party asserting legal claims against the customer can hold OPIT Solutions AG liable for any loss or damage that is attributable to errors or inadequacies of the software. In particular, liability for compensation in the event of business interruption, for lost profits and direct and indirect consequential damage is excluded.


All products are subject to the export control regulations of the exporting countries and the Swiss import regulations. The buyer is responsible for compliance with all import and export regulations.


The customer acknowledges that OPIT Solutions AG processes customer-related data such as sales prices and quantities as well as names and addresses of customers as part of the periodic so-called manufacturer reporting and may also transmit it to manufacturers/suppliers abroad.

Use of the protected web area

The customer may only pass on data that he has learned through the use of the protected web area of OPIT Solutions AG to third parties with the express written consent of OPIT Solutions AG.

Applicable Law and Jurisdiction

Swiss law is exclusively applicable to any disputes. Place of jurisdiction for all disputes is Baden.