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| Sales and delivery conditions |
General
The following conditions apply to all orders issued to us as an
agreed part of the contract. Changes and additions as well as
varying order terms issued by the client only apply after our
written confirmation.
Prices
The prices apply ex works excluding value-added tax and
packaging.
For repair orders the services recognized as appropriate by the
salesperson are provided and charged on the basis of the costs
incurred. This also applies to services and additional services
whose appropriateness only becomes apparent when
implementing the order whereby this does not require special
notification to the buyer. The charge of one man-hour as
incurred for producing/assessing repairs lapses if the repair
order is issued.
Cost estimates
We provide cost estimates without making warranties and they are non-binding.
Delivery/performance periods
The delivery periods start with clarification of all issues
necessary to execute the order. The stated delivery terms are
always as expected and are not binding. Obstructions of any
kind that we are not able or that are unreasonable for us to
prevent release us from adhering to the obligations entered
whilst they last and for their consequences, and extend the
execution period as appropriate.
Cancellation
If partial or complete deliveries are cancelled by the customer,
the customer is obliged to pay a charge for the costs incurred
totaling the own costs whilst considering the production and
storage status related to the orders in question.
Warranty
The warranty period is 12 months if no special warranty period
is agreed for individual items and refers to material and
manufacturing faults.
We only recognize notices of defects that are provided within 8
days of the service being provided and at the latest 14 days in
writing. The manufacturer's warranty will be void if it is found
that the maintenance, disinfection and inspection instructions
have not been followed according to the operating instructions,
the device has been damaged by force or operating error, or
has been used in any way contrary to the operating instructions
and safety instructions. The warranty will also be void if original
Biegler materials were not used as replacement parts, or
measures for repair were undertaken by persons not authorized
by the manufacturer or supplier.
If the manufacturer is required to meet a warranty claim, the
customer shall bear the costs and risks of transport of the
device from and to the place of use.
Damages
The manufacturer and/or supplier shall under no circumstances
assume liability for slight negligence. Compensation for lost
earnings and profits is likewise excluded.
Payment and retention of title
If the payment is delayed we are entitled to charge default
interest totaling 5% above the currently applicable basic interest
rate (as per 1. Euro-JuBeG BGBl. I No. 125/1998) which comes
into force in place of the discount rate of the Austrian National
Bank. The goods delivered remain our property until they are
paid in full.
Insolvency
If there is a key worsening of the client’s asset relationship or
this becomes known later we are entitled to make further
execution of our deliveries/services dependent on the provision
of appropriate securities.
Complaints outside the warranty period
The buyer is obliged to pass on any notice of defects to Biegler.
Sales records
The buyer is obliged to keep comprehensive records on the
medical products delivered. They must contain adequate
information to allow a complete and fast withdrawal of the
medical products from the market. The buyer must store all
records for at least 13 years from the date of the transfer
protocol.
Recall
The buyer is obliged to provide its sales records to Biegler if
there is a recall. These records must contain the device’s serial
number, customer’s name and address and the date the device
was set up.
Jurisdiction and law
The contract is subject to Austrian law excluding the
transmission standards. The application of the UN UNCITRAL
Convention on Contracts for the Internal Sale of Goods is
excluded.
Responsible court: Vienna, city centre regional court
Other
Biegler reserves the right to make changes to the sales and
delivery terms at any time.
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