I. General scope
These General Terms and Conditions apply to commercial services provided by the IPI under the label ip-search. Any other general terms and conditions and declarations by the Customer will only form an integral part of the contract if expressly agreed in writing.
II. Services and rates
The final price of a patent search is calculated according to actual time and effort plus database costs and any additional services (e.g. citations, patent specifications, non-patent literature) as well as value added tax. The final price is dependent on the search definition, the databases selected, the search strategy, the number of found documents, the depth of analysis, and the formatting and preparation of the results. For trademark searches, the relevant price list applies.
III. Placement of order
Orders should always be made in writing by post, by email or by using the online order form. Transmission errors and discrepancies are the responsibility of the Customer.
IV. Liability and warranty
The IPI applies due diligence in selecting information sources and executing searches. However, no guarantee can be given for the accuracy and completeness of the retrieved data nor for the search results. The IPI shall only be liable in cases of gross negligence and intent.
The information contained in the search report does not constitute legal advice nor is it to be understood as a recommendation for investment. For more in-depth analyses and interpretation, we recommend consulting suitably qualified persons, e.g. a patent attorney or trademark consultant.
V. Copyright and rights of use
No copyright is transferred to the Customer. All services are intended for the Customer's own use only, or in the case of information brokering, for the own use of the Customer's customer. In the case of a transaction on behalf of a third party, the data may be forwarded to the latter once only. Duplication, distribution and reprinting for the purpose of further commercial use are prohibited.
VI. Data protection and confidentiality
The IPI maintains complete confidentiality concerning all searches.
VII. Payment, delay and non-performance
Invoices are payable without deduction within 30 days of the invoice date. Fees and interest will be calculated from the second payment reminder. Interest will be calculated at a rate of five per cent. For payment delays of more than 60 days, the customer shall pay a CHF 100 processing fee. This fee is also payable even if no payment reminders are sent. The principle amount owed is not affected and continues to be due and payable.
VIII. Resolution of claim or dispute
All matters arising out of or relating to this agreement and the services by the IPI shall be governed by and construed in accordance with the internal laws of Switzerland (without giving effect to such laws’ conflict of laws or international private law rules).
Any claim or dispute arising out of or relating to this agreement and the services by the IPI, regardless of the cause of action, shall be adjudicated exclusively by the court of the city of Bern, Canton of Bern, Switzerland and each party irrevocably submits to the exclusive jurisdiction of such courts.