General Terms and Conditions (GTC)
1. Scope of Application
These General Terms and Conditions (GTC) apply to all contracts, deliveries, and other services between CARE diagnostica, hereinafter referred to as the "Seller", and its customers, provided they are entrepreneurs within the meaning of § 1 of the Austrian Commercial Code (UGB). Deviating terms and conditions of the customer shall only apply if they have been acknowledged in writing.
2. Conclusion of Contract
Our offers are non-binding and subject to change. A contract is only concluded with our written order confirmation or by delivery of the ordered goods.
3. Products and Services
Our products comply with the applicable legal requirements, particularly Regulation (EU) 2017/746 on in vitro diagnostic medical devices (IVDR). Technical changes as well as changes in form, color, and/or weight are reserved within reasonable limits.
4. Prices
All prices quoted are net prices, exclusive of the applicable statutory value-added tax, ex warehouse or plant. Packaging, shipping, and insurance costs, if applicable, will be charged separately.
5. Terms of Payment
(1) Unless explicitly agreed otherwise, our invoices are payable without deduction and free of charges within 14 calendar days from the invoice date. This period applies to all deliveries of in vitro diagnostics (IVDs) and other medical devices to customers based in Austria and within the European Union.
(2) In the event of a payment delay, all outstanding claims against the buyer shall become immediately due. In such cases, we are entitled to charge default interest at the usual borrowing rates of our banks as well as statutory default interest in accordance with § 456 UGB, plus reminder fees and any collection costs. We reserve the right to apply incoming payments to the oldest outstanding debts first.
(3) In case of default, we reserve the right to suspend deliveries to the buyer in whole or in part and to make future deliveries only against advance payment or cash on delivery. The buyer has no right to offset or withhold payments – unless legally permitted.
(4) For first-time orders or orders with a higher-than-usual volume, we reserve the right to conduct a credit check. In such cases, different payment terms may apply – in particular, a down payment of up to 50% or full prepayment may be required. Delivery will only be made upon receipt of payment.
(5) Delivered goods remain our unrestricted property until full payment has been received.
(6) The acceptance of bills of exchange is subject to our prior written consent in all cases.
6. Delivery and Shipping
Delivery dates are non-binding unless explicitly agreed upon in writing. Delivery is made ex warehouse at the buyer's risk and expense. Partial deliveries are permissible unless expressly agreed otherwise.
7. Retention of Title
Until full payment of all outstanding claims arising from the business relationship, the delivered goods remain our property. The buyer is obliged to handle the goods with care and to notify us in writing without delay in the event of seizure or access by third parties.
8. Warranty and Notice of Defects
The buyer must inspect the goods immediately upon receipt for completeness and defects and report any defects in writing within 5 working days. If the defect is reported in due time and is justified, we will, at our discretion, either rectify the defect or deliver a replacement. Further claims are – as far as legally permitted – excluded.
9. Right of Withdrawal
The right of withdrawal does not apply to certain contracts, in particular:
Sealed IVD products: If the seal has been removed after delivery, withdrawal is excluded, as the products are not suitable for return for reasons of health protection or hygiene.
Custom-made tests: Products manufactured or customized specifically for the customer are excluded from return.
Rapid tests or test kits: If these have already been opened or used, the right of withdrawal expires.
10. Liability
Our liability is – as far as legally permissible – limited to intent and gross negligence. We shall not be liable for indirect damages, consequential damages, or loss of profits unless mandatory legal provisions provide otherwise.
11. Data Protection
The processing of personal data is carried out exclusively in accordance with applicable data protection laws. For details, please refer to our privacy policy.
12. Place of Jurisdiction and Applicable Law
Austrian law shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for all disputes arising from or in connection with the contractual relationship shall be the competent court at the Seller’s registered office.
13. Severability Clause
Should individual provisions of these GTC be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.
14. Packaging Legislation and Environmental Regulations
The buyer undertakes to comply with all obligations under EU Packaging Directive 94/62/EC and Decision 97/129/EC, as well as all relevant national laws and regulations of the destination country. This includes, but is not limited to, registration, reporting, compliance, and disposal obligations. All related costs shall be borne by the buyer.
The buyer shall inform CARE diagnostica in writing within three (3) months of the entry into force of these GTC regarding the required labelling of packaging and agrees to the corresponding labelling or printing by CARE diagnostica.
The buyer is obliged to stay informed about relevant legal changes at both the EU level and in the respective destination country and to notify CARE diagnostica in writing at least six (6) months in advance of necessary adjustments or new requirements.
The buyer assumes sole responsibility for compliance with all legal requirements in the destination country of the goods and shall be liable for all resulting expenses, including any fines or penalties. CARE diagnostica shall be held fully harmless and indemnified by the buyer in this regard.