1. Scope
These General Terms and Conditions (GTC) apply to all business relationships between Swiss MedTech Innovations GmbH (hereinafter referred to as "Provider") and its customers (hereinafter referred to as "Customer"). Deviating, conflicting or supplementary GTC of the customer do not become part of the contract unless their validity is expressly agreed in writing.
2. Subject Matter of Contract
The Provider develops, manufactures and distributes medical technology products, in particular BloodSaver and related products for intraoperative blood management. The exact services result from the respective offers, order confirmations or contracts.
3. Offers and Contract Conclusion
All offers from the Provider are non-binding and without obligation, unless something else has been expressly agreed. A contract is only concluded by written order confirmation from the Provider or by delivery of the goods or provision of the service.
4. Prices and Payment Terms
All prices are in Swiss Francs (CHF) plus statutory value added tax. Prices are ex works or ex Provider's place of business. Payments are due within 30 days of invoice date without deduction, unless other payment terms have been expressly agreed.
5. Delivery and Delivery Time
Delivery times are only binding if they have been expressly confirmed in writing by the Provider. The delivery time begins on the day of order confirmation, but not before clarification of all execution details and not before receipt of an agreed down payment.
6. Warranty
The Provider is liable for defects in the delivered goods in accordance with the statutory provisions. The warranty period is 12 months from delivery. Claims of the customer due to defects expire after 12 months from delivery, unless it is a case of intentionally concealed defects or damages from injury to life, body or health.
7. Liability
The Provider is liable without limitation for intent and gross negligence. In case of slight negligence, the Provider is only liable in case of violation of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer may regularly rely (cardinal obligation). In this case, liability is limited to the foreseeable, typically occurring damage.
8. Medical Devices
The Provider's products are medical devices within the meaning of the Swiss Therapeutic Products Act. They may only be used by authorized persons and in accordance with the Provider's instructions. The customer undertakes to use the products only for their intended use.
9. Data Protection
The Provider processes personal data of the customer within the framework of the business relationship. Further information on this can be found in our Privacy Policy.
10. Final Provisions
Swiss law applies to the exclusion of the UN Sales Law. The place of jurisdiction for all disputes arising from this contractual relationship is, insofar as the customer is a merchant, legal entity under public law or public-law special fund, the Provider's registered office.
Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.