General Terms and Conditions (GTC) for Medaltreus GmbH

1. Scope of Application 

   The following General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts, deliveries, and services of Medaltreus GmbH (hereinafter referred to as “we” or “seller”) with our customers (hereinafter referred to as “customer” or “buyer”) in connection with the trade of medical devices and products. We do not recognize any conflicting terms and conditions of the customer unless expressly agreed upon in writing.

2. Conclusion of Contract 
   1.  Offer and Acceptance
      Our offers are non-binding. A contract is only concluded when we send a written order confirmation or deliver the goods to the customer.
   2.  Prices
      All prices are stated in Euro and are subject to the applicable value-added tax, unless otherwise indicated. Shipping costs and any applicable customs duties and fees are not included in the prices and will be separately indicated.
   3. Delivery
      The delivery is made in accordance with the agreed delivery terms. Delivery dates are non-binding unless expressly agreed otherwise in writing.
   4. Right of Withdrawal
      If the customer is a consumer within the meaning of the Austrian Consumer Protection Act, they have a statutory right of withdrawal. Further information can be found in our withdrawal policy.
      
      
3. Payment Terms 
   1. Payment Methods
      The customer can make the payment by bank transfer, credit card, or other agreed-upon payment methods. Payment is due within the agreed-upon period without deduction.
   2. Default of Payment
      In case of default in payment by the customer, we are entitled to charge default interest of 4 percent above the respective base interest rate. This does not affect our right to claim further damages.
      
      
4. Retention of Title
   The delivered products remain our property until full payment of all claims arising from the business relationship between us and the customer. The customer is obligated to handle the products with care as long as ownership has not yet passed to them and to promptly inform us in writing if any third-party rights are asserted against the
   products.
   
   
5. Warranty and Liability 
   1. Warranty
      We warrant that the delivered products are free from defects at the time of delivery and comply with the agreed specifications. The customer is obligated to immediately notify us in writing of any obvious defects. In case of justified complaints, we are entitled to remedy the defects or make a replacement delivery at our discretion.
   2. Limitation of Liability
      We shall only be liable for damages caused by gross negligence or willful misconduct. Any liability for indirect or consequential damages is excluded to the extentpermitted by law. The limitations of liability do not apply in cases of damages resulting from injury to life, body, or health, or in case of claims under the Product Liability Act.
      
      
6. Data Protection
   We process personal data of the customer only in accordance with the applicable data protection regulations. Further information on the processing of personal data can be found in our Privacy Policy.
   
   
7. Applicable Law and Jurisdiction 
   1. Applicable Law
      For all legal relationships between us and the customer, Austrian law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
   2. Jurisdiction
      If the customer is a merchant within the meaning of the Austrian Commercial Code or does not have a general place of jurisdiction in Austria, our place of business is the exclusive place of jurisdiction for all disputes arising from the contractual relationship.
      
      
8. Final Provisions 

   Should any provision of these GTC be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. In place of the invalid or unenforceable provision, a valid and enforceable provision shall be deemed to have been agreed upon that comes closest to the economic purpose of the invalid or unenforceable provision.

Effective Date: 26.05.2023

If you have any further questions or concerns regarding our General Terms and Conditions, please feel free to contact us.

Medaltreus GmbH
Triestenstrasse 10/1/12
2351 Wiener Neudorf
E-Mail: office@medaltreus.com
+436604846008