Here you will find our applicable terms and conditions for our direct Swiss customers: 

General Sales Conditions

1. Scope and validity
1.1 SmartLiberty SA offers as a "Provider" solution to its customers and resellers, hereinafter referred to as "customer(s)", a wide range of services and products in the field of "RFID - solutions".
1.2 These general terms and conditions regulate the rights and obligations of SmartLiberty SA and its customers in their commercial relations. Unless otherwise agreed in writing, they apply to all contractual relations between SmartLiberty SA and its clients, in particular for the provision of services and the delivery of products.
1.3. The client's general terms and conditions of business apply only if SmartLiberty AG has accepted them in writing and without ambiguity and if they do not contradict the general terms and conditions of SmartLiberty AG.
1.4. Any ancillary agreements, changes, supplements or additional legal explanations require written form for their validity.
1.5. If any provision is invalid or unenforceable, the validity and enforceability of the remaining provisions shall remain unaffected. In such cases, the invalid provision(s) shall be interpreted or supplemented in accordance with the purpose of the other provisions.
1.6. Changes shall be brought to the attention of the customer by circular letter or by any other appropriate means and shall come into force, unless the customer objects in writing, within one month of their communication.
1.7. The "products" of SmartLiberty SA are Software, Hardware and Services offered and sold

2. Order, delivery and delivery of the product
2.1. 2.1 Orders must be made in writing (letter or e-mail) or by electronic means.
2.2 The confirmation of the current order is in principle decisive for the scope and execution of the delivery. The availability of the product at the manufacturer and the manufacturer's ability to deliver are reserved.
2.3. The delivery times of SmartLiberty AG are, without any other express written guarantee to the contrary, to be considered as indicative times only. The indication of a delivery time is made according to the best knowledge, but without any guarantee. This applies in particular to cases of delays in delivery times, for example due to supply problems at the manufacturer.
If a delivery, for which SmartLiberty AG has guaranteed a deadline in writing, is delayed, the client may, after the expiry of an additional period of at least three weeks set in writing by the client, give SmartLiberty AG notice of default and, after the expiry of an appropriate new period, cancel the order. SmartLiberty AG is liable, in these cases only, for direct and immediate damage suffered by the client, if and as soon as the default, respectively the impossibility to deliver, is due to a breach of contract caused by gross negligence on the part of SmartLiberty AG.
2.4. In the event of interruptions in delivery due to circumstances beyond the control of SmartLiberty NV, such as strike, lockout, loss of material, industrial blockage at the manufacturer or transport problems, SmartLiberty NV is entitled to cancel the order.
2.5. Changes or cancellations of orders requested by the client require a written agreement with SmartLiberty SA. SmartLiberty SA can charge the already existing costs to the client.
2.6. The special provisions of SmartLiberty AG shall apply to the deadlines for orders and their collection. SmartLiberty AG is entitled to make partial deliveries.

3. Receipt and examination
3.1. The client undertakes to check the delivered products immediately and to notify SmartLiberty AG in writing within 8 days of any defects found.
3.2. If the client notifies SmartLiberty AG late, any warranty or other claim of the client is extinguished, unless the damage and/or defect was not recognizable during the first required inspection.

4. Transfer of profit and risk
4.1. The risk shall pass to the customer when the delivered product is handed over.

5. Return/return of the product
5.1. The return of the product by the customer requires the prior consent of SmartLiberty NV and is at the expense and risk of the customer. The product must be returned in its original packaging, with a detailed description of the defect and the proof of purchase. The return is excluded for opened software.
5.2. SmartLiberty Ltd. reserves the right to return at the expense and risk of the customer products that have been returned without the original packaging, in a defective packaging or with inscriptions, or products that are no longer in good condition. In the event of a return without a description of the defect, SmartLiberty Ltd. may demand that an expert examination be carried out at the expense of the customer (minimum charge of one hour) to investigate the defect.
5.3. In all cases, the deadlines defined by SmartLiberty SA and by the manufacturer are valid. The customer must request a "return number (RMA)" before returning the product to SmartLiberty SA.

6. Prices
6.1. The prices of the products and services of SmartLiberty SA are expressed net in Swiss francs (CHF ex. VAT).
Incidental costs such as packaging and shipping/distribution costs (freight/transport) are not included in the price and are, like VAT, charged to the customer. If nothing else has been agreed, the accessories/additions are not included in the price.
Support services are not included in the price of the product and will be invoiced to the customer separately and according to expenditure in accordance with the current price estimates of the services, respectively in accordance with the special agreements.
6.2. The prices of the products as well as the ancillary costs will, in principle, be calculated according to the price list at the time of the order confirmation. Insofar as SmartLiberty AG has received a guarantee from the manufacturers and/or suppliers to pass on price reductions to the customer, these prices are valid at the time of delivery and/or issue of the product. This also applies in case of price increases by the manufacturer or the supplier.
In addition, SmartLiberty NV can change the price list at any time without prior notice.

7. Terms of payment
7.1. Unless otherwise agreed in writing, all invoices of SmartLiberty NV are payable net on the thirtieth day after the invoice date to the bank account indicated. Upon expiry of this period, the client is in default without notice. SmartLiberty SA may charge interest on arrears at a rate of 8% per year.
7.2. If the client is in default of payment, SmartLiberty AG is entitled to threaten to suspend any further partial or total service to the client until the claims are paid or secured. All consequences arising from such circumstances shall be borne exclusively by the client.
7.3. If the client does not pay its debts within the period set by SmartLiberty AG, or does not guarantee their fulfilment, SmartLiberty AG is entitled to definitively refuse any further services to this client and to claim damages. Furthermore, SmartLiberty AG is also entitled to proceed according to the general rules of the Swiss Civil Code (CC).
7.4. All claims of SmartLiberty AG, including those for instalment payments, are due if
(a) the client does not comply with the terms of payment or,
(b) the client does not immediately provide, at the request of SmartLiberty AG, the necessary guarantees to remove SmartLiberty AG's justified doubts about the client's solvency, e.g. in the event of legal proceedings or other signs of financial difficulties of the client.
The client is obliged to inform SmartLiberty AG, if liquidity problems are foreseeable.
7.5. At the request of SmartLiberty AG, the client shall assign the claims it has against its end customers for the sale of the products delivered by SmartLiberty AG (Art. 172 CO) as a dation in payment.
7.6. Cheques will only be accepted by SmartLiberty AG as payment in lieu of payment and only after special prior written agreement and on the condition that all costs are borne by the client.

8. Set-off / right of retention
8.1. The client shall not be entitled to set off any counterclaims against the services of SmartLiberty.
8.2. The client's right of return or retention of goods of SmartLiberty AG is completely rejected.
8.3. The client is obliged to pay the invoices, irrespective of whether the client can deliver the product to his end customers for resale, whether he can invoice or collect the price.

9. Retention of title
9.1. The products delivered by SmartLiberty AG remain - as long as they are within the sphere of influence of the client - the property of SmartLiberty AG, until SmartLiberty AG has received the full purchase price in accordance with the contract.
SmartLiberty AG is entitled to enter the reservation of ownership in the reservation of ownership register at the domicile of the client until such time in accordance with Art. 715 CC.
The customer is obliged, at the request of SmartLiberty AG, to give immediate written consent to the entry of a reservation of title in all essential respects necessary for the entry (cf. Art. 4 para. 4 of the Federal Supreme Court Ordinance).
9.2 As long as the purchase price has not been paid in full, the customer is obliged to keep the delivered product in good condition, to handle it carefully and to insure it against all usual risks.

10. Guarantee
10.1. The responsibility for the selection, use and application of the products, as well as for the results obtained in this way, rests with the customer or, respectively, with the customer who takes delivery of the product, i.e. the end customer.
10.2. The warranty of SmartLiberty AG for products delivered by SmartLiberty AG is determined in all respects by the warranty provisions of the respective manufacturer or supplier. The sole obligation of SmartLiberty AG is to assign its own warranty claims against the manufacturer/supplier to its customers. The warranty period for SmartLiberty AG products or services is 24 months from delivery to the customer.
10.3. The customer acknowledges that, on the basis of the applicable warranty provisions, the warranty is generally limited, according to the choice of the respective manufacturer/supplier, to the repair of defects or the replacement of the defective product and is only valid if the products remain in Switzerland and/or the Principality of Liechtenstein.
10.4. Furthermore, the customer acknowledges that a defect is only present in any case if he immediately notifies the supplier in writing and in detail that a relevant and recurring defect exists. The warranty is excluded, in particular for defects which have one of the following causes
- Insufficient maintenance;
- Failure to observe the installation and operating instructions;
- Use of the product contrary to its purpose;
- Use of unauthorised parts or accessories;
- Natural wear and tear;
- Improper transport, handling and/or treatment;
- Modifications or attempted repairs;
- External influences, in particular force majeure (e.g. failure of the power supply or air conditioning, elementary damage), as well as other reasons which cannot be attributed either to SmartLiberty AG or to the manufacturer/supplier.
Warranty services not covered by the manufacturer/supplier as well as additional costs caused by the customer shall be borne by the customer. The search for defects by SmartLiberty AG is carried out at the expense of the customer if the description of the defect is missing, incomplete or false.
10.5. In all cases, the customer shall comply with the deadlines set by SmartLiberty AG or the respective supplier/manufacturer for the settlement of warranty claims.

11. Liability
11.1. SmartLiberty AG shall only be liable for direct damage and only if the client proves that the damage was caused by gross negligence on the part of auxiliary persons or third parties commissioned by SmartLiberty AG or by intention of SmartLiberty AG. The liability is limited to the respective delivery/service price.
11.2. Any liability of SmartLiberty AG, whose auxiliary persons and third parties have been commissioned by SmartLiberty AG, beyond the liability originally provided for is excluded for damages of any kind. In particular, the client is in no case entitled to reimbursement of damages that do not result from the product itself, such as loss of production, loss of data or use, loss of contracts, loss of profits and other indirect damages.
11.3 SmartLiberty AG undertakes to assign its recognised liability claims against the manufacturer/supplier to its customers.

12. Patent and other protective rights
If a third party should make a claim or assert a right against the client or its end customers due to an infringement of a patent right, copyright or any other industrial property right on a delivered product or product, the client shall inform SmartLiberty AG immediately and in writing of the information concerning the infringement or claim. SmartLiberty AG will immediately forward these details to the supplier or manufacturer and ask them to resolve the situation. The client waives any warranty or liability claims.

13. Re-exportation
The products sold by SmartLiberty SA are subject to the respective export regulations of the countries of origin and Switzerland. The customer undertakes, before re-exporting the product, to apply for a special permit from the competent authority (currently: the Export and Import Section of the Federal Department of Economic Affairs). This obligation is to be transferred to the respective purchaser together with the obligation of transfer upon sale or other transfer of the products.

14. Software program
14.1. The warranty and usage conditions for software programs and products, software delivered by SmartLiberty AG, manuals and other documents are determined according to the special provisions of the respective software manufacturer, which are contained in particular in the software license agreement between software manufacturers and end users/customers.
14.2. The customer undertakes to transfer the obligations arising from the warranty and usage conditions of the software manufacturer with the transfer obligation upon resale or other transfer of the software to the respective purchaser.

15. Producer's report, data protection
15.1. The customer acknowledges that SmartLiberty AG processes customer data such as sales prices and quantities as well as names and addresses of customers within the framework of the periodic manufacturer's report and passes them on to the manufacturers/suppliers.
15.2. The customer furthermore agrees that SmartLiberty AG processes customer data for the purpose of checking the creditworthiness of the customer and that SmartLiberty AG has instructed as a credit insurance company.

16. Transfer
The rights and/or duties of the individual contracts (deliveries, services) can only be transferred to the client with the prior written consent of SmartLiberty AG.

17. Applicable law and place of jurisdiction
17.1. The individual contracts as well as the general terms and conditions of sale are exclusively subject to Swiss law, subject to the provisions of international treaties.
17.2. The local and material court of jurisdiction for all direct or indirect disputes relating to the contractual relationship is, for SmartLiberty AG as well as for its customers, at the registered office of SmartLiberty AG.

Conditions valid from 02.03.2015

SmartAbo general terms and conditions of sale and use

1. Scope of application
1.1. The SmartAbo General Terms and Conditions (GTC) are an integral part of the offer/contract and govern the operation of the systems delivered to the client by SmartLiberty.
1.2 In case of contradiction between the contract and the SmartAbo GTC, the provisions of the contract shall prevail; the SmartAbo GTC of SmartLiberty shall prevail over any general terms and conditions of the client.
1.3 In case of invalidity of a clause of these general terms and conditions, the other clauses shall remain valid and binding on the parties. In any case, the parties undertake to replace an invalid clause by a valid clause according to the applicable law, as close as possible to their initial will and in respect of their respective economic and legal interests.
1.4. These agreements supplement those issued on 10.09.2015 and are therefore an integral part of them. In the event of a conflict between the provisions of these SmartAbo GTC and the GTC of 10.09.2015, these SmartAbo GTC shall prevail.

2. Conclusion of contract and written form
2.1. Written form within the meaning of these General Terms and Conditions shall mean any physical document signed by the parties or their representatives with sufficient authority.
2.2. Unless explicitly agreed otherwise, an offer is valid for 30 days.
2.3. The contract is concluded in written form, by the signature of the parties, or in computerised form, by sending the order confirmation to SmartLiberty. In computerized format, the conclusion of the contract is subject to the electronic signature of the representatives of the parties (in particular by the ERP platform of SmartLiberty). The contract continues until the plant is taken out of service.
2.4. Amendments and supplements to the contract must be made in writing and accepted by the parties.
2.5. Complaints, reminders, complaints, etc. must be in writing.

3. Scope of services
3.1. The guarantee of correct operation is carried out in accordance with the current recommendations and the current state of the art.
3.2. The following services are only covered by the contract insofar as they are explicitly mentioned in the contract.

4. Invoicing models
4.1. Billing model
SmartLiberty has two different billing models, which can be distinguished as follows. A change between the two billing models is possible at the end of each billing period.
4.1.1. FLEX+ model
The Flex+ model offers the customer maximum flexibility based on the services actually used in the system. SmartLiberty issues a monthly invoice based on the actual daily usage by active persons. Active persons are residents, visitors or virtual users registered in the database, as well as staff connected by means of a smartphone and/or having a personal badge in use or in motion. SmartAbo is not limited in number of people and adapts daily to your real needs and workload. It includes all the licences necessary for normal operation (resident call, wandering management, assistance call, technical alarm, ESPA 4.4.4) and the services necessary for the ordinary operation of the system (motica care).
4.1.2. MAX+ model
With the Max+ model, the invoice is issued at the beginning of each contract year on the basis of the number of persons activated. Persons are residents, visitors or virtual users registered in the database as well as staff. The SmartAbo subscription is limited to a certain number of persons. It includes all licences necessary for normal operation (resident call, wandering management, assistance call, technical alarm, ESPA 4.4.4) and the services necessary for the ordinary operation of the system (motica care).

5. Description of the services
The following services are mandatory for the operation of the system. When a contract is concluded with SmartLiberty, a SmartAbo is automatically activated. (Letters A to E) Billing for the service begins when the system or part of the system is commissioned or at the latest 30 days after the "ready for acceptance" notification to the client.
5.1. Licence (A)
The licence is based on the above-mentioned billing models, which the customer can choose (FLEX+ and MAX+) and includes all licences required for operation.
5.2. Software maintenance (B)
By subscribing to SmartAbo, the customer benefits from included updates (bug fixes, hot fixes, etc.) as well as included software upgrades (major and minor versions). In addition, "Over-the-Air" upgrades of the devices are possible.
5.3. All inclusive Support (C) All inclusive support consists of the following elements: (5.3.1 - 5.3.8).
5.3.1. Operational availability (C)
The information and hotline service is provided throughout Switzerland during SmartLiberty's office hours.
SmartLiberty will begin to repair faults reported to SmartLiberty as soon as possible, taking into account the nature of the problem. SmartLiberty maintains a stock of spare parts to replace defective parts. For large installations, SmartLiberty recommends that the customer stock their own replacement equipment on site. In the event of major damage resulting from force majeure (lightning, fire, flooding, etc...), it may happen that SmartLiberty cannot immediately replace complete installations or parts thereof.
5.3.2. On-call service (C)
Outside SmartLiberty's business hours, SmartLiberty maintains an on-call service. The telephone number of the hotline
is communicated to the customer. SmartLiberty's on-call service can only be contacted through the hotline. The customer is not allowed to address or summon SmartLiberty staff directly. SmartLiberty is free to choose between a remote intervention or an on-site intervention depending on the nature of the problem and its technical possibilities.
5.3.3. Annual inspection / preventive maintenance (C)
The annual inspection / preventive maintenance of the installation includes
● Functional check of the electronic and electrical equipment
● Visual check of the electrical interface with third party systems
● Testing the system
● Checking the server premises for humidity, heat, excessive dust and indicating opportunities for improvement.
● Checking remote access
● Checking the periodic data backup
● Examination of the central functions
● Visual inspection of freely accessible devices
● Review of log files
● Functional test sample
5.3.4. Onboarding and further training (videos) (C)
Possibility to train employees (max. 12 persons) at a later stage for a duration of 2 hours. This training must be announced to SmartLiberty in advance so that it can make the necessary resources available.
5.3.5. Recovery work in case of system interruption (C) The work is divided into three categories of problems: Critical (General failure) / blocking event
● System blockage
● All users can no longer work
● System application does not process any data Major (Limited impact) / non-blocking event
● Part of the system application does not work properly
● Some users can no longer work
● Changed data cannot be saved Minor (Minor Impact) / Support
● Less important functions are affected (designations, error messages, etc.)
5.3.6. Emergency backup equipment (C)
SmartLiberty has a stock of spare parts for the replacement of defective elementary parts that trigger a blocking event.
5.3.7. Technical support via 24/7 hotline (C)
The customer has 24/7 support via hotline. The telephone number is communicated to the customer by SmartLiberty.
5.3.8. Mobile Device Management (C)
Mobile Device Management allows SmartLiberty to centrally manage the mobile devices that the customer uses. All applications can be managed and updated remotely.
5.4. Remote Monitoring (D)
Remote Monitoring is the remote monitoring of the system. The installed system has basic function monitoring that allows SmartLiberty to act proactively in the event of a problem or deviation from the operating mode in order to avoid or at least mitigate the effects of a system failure. This monitoring is done during business hours. Additional monitoring outside office hours is not part of the service.
5.5. Remote Cloud Backups (E)
SmartLiberty creates daily cloud backups of
backups of system-relevant customer and system settings, which are stored in a highly secure Swiss data centre.
5.6. Repairs (excluding SmartAbo)
Repairs are carried out according to a separate SmartLiberty repair process. Some repairs are carried out by SmartLiberty partner companies. The conditions in force are indicated on the SmartLiberty website (
5.7. Batteries (excluding SmartAbo)
Batteries or rechargeable batteries for devices (badges, sensors, markers, UPS, Smartphones, etc.) are the responsibility of the client and can be ordered at preferential prices from SmartLiberty as accessories. SmartLiberty declines all responsibility for batteries that do not correspond to SmartLiberty specifications.

6. Customer's own performance
6.1. The client must ensure that permanent access to the Internet is guaranteed. The installation must be accessible at all times in order to guarantee the services of SmartLiberty.
6.2. The client shall ensure the functional check and the use according to SmartLiberty's recommendations or the explanations given during the training. Failure to comply with this obligation may result in support interventions being invoiced.
6.3. The customer allows access to his system and premises insofar as this is necessary for maintenance work.
6.4. The customer shall provide (if necessary) premises in which spare parts and measuring instruments can be stored temporarily.
6.5. In exceptional situations, the client is obliged to record any errors found and to notify SmartLiberty of them.
6.6. The customer shall assist the maintenance company in troubleshooting and repair.
6.7. The client undertakes to obtain SmartLiberty's prior agreement and to authorize the latter to carry out any verification that may be necessary when changing equipment or following a modification of the installation's configuration.
6.8. Any modification of the installation is strictly forbidden to the customer without the prior agreement of SmartLiberty. The violation of this clause constitutes a legitimate reason for immediate termination of the contract without compensation.
6.9. The client undertakes to provide the maintenance company with free assistance and the necessary means of communication (telephone, Internet, etc.) during the time necessary for the interventions.
6.10. The customer shall appoint one representative and his deputy per site, who shall be responsible for contacts with SmartLiberty regarding requests for configuration changes. Requests from other representatives of the client will not be processed.
6.11. The Customer shall ensure that support is only contacted for blocking events (see clause 5.3.5) outside office hours. Support for non-blocking events outside office hours will be charged by SmartLiberty.
6.12. The Customer agrees that SmartLiberty may install updates or upgrades on a regular basis. He must not prevent them, otherwise the services cannot be provided. Only current versions of the software are always supported. The devices used by the customer must meet the minimum requirements
requirements published by SmartLiberty with regard to the operating system (performance, version) in order to be able to be serviced.
6.13. The responsibility for compliance with data protection legislation lies with the customer. He must give the necessary instructions to the maintenance staff, as well as to his own staff.

7. Performance of the contract by remote access
7.1. If the subject matter of the delivery permits, SmartLiberty may also perform maintenance work by remote access to the client's facilities and databases.
7.2. In this case, the client shall be responsible for enabling SmartLiberty to perform its services correctly via remote access, in particular granting SmartLiberty the necessary authorisations for this purpose and informing the maintenance company of its IT procedures at its own expense.
7.3. SmartLiberty assumes that the client maintains a state-of-the-art IT security concept for remote access and ensures that appropriate protective measures (such as system security updates and anti-virus programs) are taken and always kept up to date.
7.4. If licenses are required on the customer's side for remote access, the customer shall procure them at its own expense and keep them up to date for the duration of the contract.
7.5. In order to carry out the remote access, SmartLiberty is authorized to access the customer's facilities and databases relevant to its activity, in strict compliance with data protection.
7.6. SmartLiberty may copy data from the client's systems to its own systems if this is necessary for analysis or error correction.

8. Warranty
8.1. Damage resulting from improper operating conditions, force majeure
force majeure, lightning (counteracting effects), exceptional stress or wear and tear, adverse environmental influences, improper use of the system, breach of duty of care or failure to observe the operating instructions are not covered by the warranty.
8.2. In the event of a system interruption due to defective material outside the warranty period, the material required to repair the interruption will be charged to the customer. Labour and travel costs are covered by the SmartAbo.
8.3. SmartLiberty offers a 24-month warranty on spare parts and repairs to original devices. Excluded from this warranty are intentional or mishandled damage to the material supplied by SmartLiberty as well as mechanical or screen damage to the smartphones. These damages will be repaired (or when this is not possible, the material will be exchanged) at the time of the returns and invoiced to the customer according to SmartLiberty's current management rates. For the batteries of smartphones and tablets, SmartLiberty grants a 12 months warranty. Any warranty exceeding this period is excluded.
8.4. SmartLiberty is in particular not liable for consequential damages such as.
● Reimbursement of costs due to additional expenses of the customer or third parties
● Loss of profit during maintenance work
● Impairment of the functions of the system as a result of constructional changes
● Damage resulting from loss of data
● Defective or missing alarm transmission due to constructional changes, changes to the telecommunication infrastructure by the telecommunication operator or the change of the telecommunication operator.
8.5. Any warranty is excluded if the customer or third parties carry out interventions, modifications, repairs or other maintenance work on the delivered products without the written consent of SmartLiberty; The same applies, if the customer does not immediately take appropriate measures to ensure that the damage does not get worse.
8.6. SmartLiberty is entitled to order a maintenance stop at any time for products whose technological lifetime has been exceeded. If possible, a replacement product will be offered to the client. SmartLiberty is not obliged to carry out the repair if the customer does not accept the paid replacement.

9. Modifications / Decommissioning of the system
9.1. The client is obliged to inform SmartLiberty in writing of any events relevant to the contract (change of ownership, cessation of business, etc.).
9.2. No equipment or other items originally supplied by SmartLiberty may be removed or manipulated without the consent of SmartLiberty.

10. Availability and Response Time
10.1. The availability of support is defined as follows:


24/7/365 hotline

Weekends and public holidays

Reaction time

Phone + E-mail

Phone only

Phone only





4 hours per remote
8 hours on site





24 hours





72 hours

10.2. Critical cases and 24/7 support are to be provided via the hotline only (not via e-mail).
(The reaction time starts with the notification of the problem to SmartLiberty
The reaction time starts with the notification of the problem by the customer to SmartLiberty
10.3 Service Level Agreement (SLA)
For applications that are not provided by SmartLiberty (e.g. WLAN, GSM, telephony, server, etc.), but which are necessary for the proper functioning of the system, an SLA (Service Level Agreement) must be available on site (response time, standby service, etc.). SmartLiberty reserves the right, in the event of an incident, to charge the full costs that are not due to malfunctions of the SmartLiberty system, in accordance with the applicable management rates.

11. Prices and terms of payment
11.1. Prices are in Swiss francs, excluding VAT. Statutory taxes will be charged to the customer at the applicable rates. The customer is not entitled to deduct the amount from the invoice. Expansions or changes to the system shall result in an adjustment of the contract fee (according to the MAX+ and FLEX+ billing models).
11.2. The following terms of payment shall apply to services and material deliveries: 10 days net.
11.3 For services invoiced by the hour, the current SmartLiberty rates shall apply.
11.4. For work performed outside of SmartLiberty's business hours, the following surcharges apply:
● Monday to Friday from 20.00 to 07.00, surcharge of 50% of the basic price.
● Saturday from 00.00 to 24.00 hours, surcharge of 50% of the basic price.
● Sunday and public holidays from 00.00 to 24.00, surcharge of 100% of the basic price.
11.5 SmartLiberty shall not be obliged to perform the contract if the client has not made a payment within the contractual period.
11.6 For services which are not covered by the SmartAbo or which have been caused by a third party, the expenses are invoiced at the applicable rates and the material is invoiced at the list price applicable at the time of the order. The travel expenses of SmartLiberty employees during an intervention are invoiced per kilometre and are calculated from the employee's home. If the repair of the installation requires material other than the emergency reserve material in the vehicles, the additional kilometres travelled to SmartLiberty's external warehouse are also invoiced.
11.7 SmartLiberty is entitled to make price adjustments during the term of the contract. Downward price adjustments are possible at any time and immediately, as they benefit the client. Price increases are possible at most once a year. The increase is limited to a maximum of 10% of the normal price and must be announced to the customer 3 months in advance.

12. Termination / cancellation of the contract
12.1. Termination of the contract must be in writing as described in Article 2 of these GTC and must include the reference number of the relevant contract.
12.2. Notice of termination must be given to the other party at least 3 months before the end of the billing period.
12.3. Termination of one or more of the services under numbers 5.1, 5.2, 5.3, 5.4 or 5.5 automatically results in the facility being taken out of service within 90 days. SmartLiberty accepts no liability for the termination of the contract and the resulting decommissioning of the facility. 

13. Special provisions
13.1. The parties are obliged to comply with the legal provisions in force, as well as the directives of the competent authorities. SmartLiberty employees have the necessary personal equipment to comply with these standards under normal working conditions. In case of particular working conditions (asbestos contamination, presence of dust, gases and toxins, radioactivity, high temperatures, etc.) it is the client's responsibility to ensure, at his own expense, that any danger for SmartLiberty's employees is eliminated and to put in place all protective measures to this effect. As long as the safety of its employees is not guaranteed, SmartLiberty is not obliged to perform its service.
13.2. The client acknowledges that SmartLiberty is authorized to record conversations to ensure the quality of the services, in compliance with the rules on data protection. 13.3.
13.3 All modifications and amendments to contracts between SmartLiberty and its clients must be in writing as described in article 2 of these GTC and must mention the reference number of the contract. Until the signature of both parties, both parties can withdraw from the contract without financial consequences.
13.4. This contract or the rights and obligations mentioned in it may only be transferred to third parties with the prior written consent of the other party.

14. Confidentiality and data protection
14.1 SmartLiberty undertakes to treat all documents and information received from the client in connection with its work and services, including all copies or recordings made as well as documents and information prepared for the client, at all times, even after the work and services have been completed, as its own company secrets, not to disseminate them unnecessarily within the company and not to make them accessible to third parties - with the exception of subcontractors - either in their entirety or in extracts. This obligation does not apply to documents and information that can be shown to have (a) become public knowledge without breach of this obligation of confidentiality; or (b) been lawfully obtained from third parties without an obligation of confidentiality; or (c) been independently developed by SmartLiberty.
14.2. Insofar as SmartLiberty processes personal data in the course of its work on the system and the documentation, the client's instructions and the statutory provisions on data protection shall be observed and all necessary measures shall be taken to protect such data from unauthorised access by third parties.
14.3. SmartLiberty is entitled to pass on documents and information to subcontractors if necessary, provided that they have been engaged in advance in writing in accordance with the above provisions.

15. Liability
15.1. For damages related to the present contractual relationship for which SmartLiberty is responsible (e.g. failure to meet deadlines, failure to provide services), the company undertakes, once a year, to compensate the customer at whose premises the damage occurred up to a maximum of the total amount of one month's fee for FLEX+ or up to a maximum of 1/12 of the total amount of the annual fee for MAX+. This restriction does not apply to personal injury or damage to property caused by intentional fault.
15.2. SmartLiberty is insured for damages resulting from corporate liability for personal injury and property damage, together as a lump sum up to a maximum of CHF 10 million. For pecuniary damage, benefits are limited to CHF 10 million. Any further liability of SmartLiberty is excluded.
15.3. Upon request, a confirmation from the insurance company is sent to the client.

16. Changes to these GTC 
16.1. SmartLiberty reserves the right to amend these terms and conditions at any time. Changes will be communicated to clients in writing, by e-mail or by any other means deemed appropriate (for example by a message displayed during login in the applications provided by SmartLiberty).
16.2. The client is deemed to accept the modifications of the GTC when they are notified to him, unless he objects within 30 days from the communication of the new GTC, by terminating the contract.
16.3. Objections to the amendment of these GTC must be made in writing as described in Article 2 of these GTC.
16.4. Any objection to the amendment of these GTCs sent to SmartLiberty in the form provided for in the previous paragraphs shall be considered as a termination of the contract within the meaning of article 12 of these GTCs, even if it is not worded as such.

17. Choice of court and law
17.1. Unless otherwise provided in the contract or in the law, Swiss law is exclusively applicable to all disputes arising from the contractual relationship between the client and SmartLiberty
17.2. 17.2. Unless otherwise provided by mandatory law, any dispute arising from the application of
application of these GTC or arising from the application of a contract with SmartLiberty will be decided by the Regional Court of Littoral and Val-de-Travers, in Neuchâtel. SmartLiberty is entitled to sue the client at the place of installation of the equipment.
17.3. In case of doubt or before a court of law, the French text of the SmartAbo general terms and conditions shall prevail.

Conditions valid from 01.01.2022

Repair conditions and process

Return of defective goods / repair sheet
Please fill in the repair sheet with as much detail as possible on the description of the defect and enclose it with the shipment. A check of the number and type of material will be done at the reception of the goods. SmartLiberty will contact the customer if the number/type of material received does not correspond with the repair sheet. Under no circumstances can SmartLiberty be held responsible for missing material when returning for repair if the repair sheet was not sent with the material. Please also have a completed repair sheet available if you are giving equipment directly to one of our technicians for on-site service. The repair sheet will be emailed back to the address listed on the repair sheet with the RMA (repair case number)(s) for each item. If you have any questions regarding a repair, please quote the RMA number of the item in question.

Spare parts 
We remind our customers that most parts of our equipment are replaceable. Please take advantage of the opportunity to repair small damages quickly and cheaply. Please see the accessories catalogue for more information.
We consider that mechanical repairs of badges (replacement of covers, casings and wristbands) as well as battery changes can be done by the customer himself. If badges are sent to us only for one of the two reasons mentioned above (the electronics of the badge are functioning correctly), the mechanical repair and/or battery change, as well as the function tests will be charged at CHF 60.00 (excl. VAT, including hardware).
During the two-year warranty period, the mechanics of resident and personal badges will be replaced free of charge (except in cases of vandalism), provided that the defective parts are sent for repair.

For any request for the repair of smartphones, we ask you to use the appropriate form provided and to return it with the smartphone to EP SenSat, our repair partner. They will send you an estimate for the device in question if it is not under warranty. Any invoicing will be done directly between EP SenSat and the customer. Batteries for smartphones are not covered by the MUS maintenance contracts and depend on the model (Samsung warranty, usually 6 months). The use of smartphones not certified by SmartLiberty is not possible. 
If you are not sure if your smartphone has a software problem or if it is the smartphone itself that has a problem, do not hesitate to contact SmartLiberty support who will be able to do a remote analysis to see what is the basis of the problem and if it should be sent for repair.

Starter kit
A starter kit, containing various spare parts, is offered to you at the commissioning of the SmartLiberty installation. With this kit you can repair your system directly with a basic material. You can recommend this kit separately.
Material damage
We consider as material damage, any defective condition of the material which does not result from a technical malfunction attributable to SmartLiberty (normal wear and tear, vandalism, tinkering, mechanical breakage, lightning, flooding, overvoltage, etc.). 

Delivery and packaging costs
A delivery and packaging fee is added to each repair invoice (15.- CHF or 40.- CHF excl. tax depending on the size of the shipment). For cases that do not generate an invoice, delivery and packaging are free of charge. 

Service time
We charge the full amount for every hour started (182 CHF / hr excl. VAT)

These conditions can be adapted by SmartLiberty at any time. In case of dispute, the conditions of the MUS maintenance contract will prevail. All prices are exclusive of VAT. 

Repair centers and prices

Item to repair

Repair center

Price (ex VAT)

Badges and accessories

SmartLiberty SA
Repair Center
Route de Neuchâtel 56
2525 Le Landeron

Material broken

Catalogue price

Warranty0 CHF
MUS-SilverCatalogue price
SmartAbo (Flex/Max)Catalogue price
No contractCatalogue price


SmartLiberty SA
Repair Center
Route de Neuchâtel 56
2525 Le Landeron

Material broken

Catalogue price + intervention time + travel costs

Warranty0 CHF
MUS-SilverCatalogue price
SmartAbo (Flex/Max)Catalogue price
No contractCatalogue price + intervention time + travel costs


Repair Center
Bahnhofstrasse 7
3186 Düdingen

Material broken

Price of repair + 60 CHF (ex VAT) for configuration (if necessary)

Warranty0 CHF
MUS-GoldPrice of repair
MUS-SilverPrice of repair
SmartAbo (Flex/Max)Price of repair
No contractPrice of repair + 60 CHF (ex VAT) for configuration (if necessary)

Conditions valid from 15.08.2020

Hourly rates and conditions


Price per unit (CHF, ex VAT)

Office hours (07:00-20:00)


182 CHF

Night (20:00-07:00)


273 CHF



273 CHF

Sunday and public holidays


364 CHF

Travel fees (forth and back)


1.00 CHF