All deliveries and services by CARE diagnostica are made exclusively on the basis of the following Terms of Business. Regulations which depart from these conditions do not compel us even when we do not expressly contravene such terms and also not when these terms contain an express condition that they be valid. Any amendments to these terms are to be in writing. All offers are non-binding and remain free, an order is only deemed concluded when we issue a written order confirmation or when the goods or an invoice is delivered. Verbal information and commitments as well as prices quoted in price lists and advertising media of any kind are free as long as they are not expressly described as binding. Minimal deviations from the product descriptions or price lists are to be considered as approved.
Prices shall be calculated on the basis of the prices given in the price list valid on the day of ordering, which are principally exclusive of additional costs and value-added taxes, unless otherwise agreed in writing.
3. Mode of Delivery
An agreed delivery period does not begin before the clarification of all technical and other details. Orders shall be met to the best of our abilities. Partial delivery is allowed. In case we have agreed on a deadline and the delivery is delayed, the customer has to extend the deadline for 3 weeks. In the event of further delivery delays the customer may recourse from the contract. There is no right for further claims. We have the right to delay delivery in case the customer does not meet his obligations concerning us. Any disruptions in operational or transport activities, any rulings or regulations by official authorities, or any other acts of force majeure as well as any other circumstances directly or indirectly disrupting production or delivery at our end or the end of our suppliers, shall release us from our obligation to deliver for any such time as such disruption may last, or shall entitle us to withdraw, even partially, from the agreement, without the customer being entitled to claim damages. In case of delivery delays of more than 6 weeks the customer may withdraw from the agreement concerning the agreed goods. There is no right for further claims.
In principle, goods shall be shipped on customer´s account and peril. The delivery of the goods shall be deemed sold FCA Traiskirchen, Austria acc. to INCOTERMS® 2020. Invoicing shall be based solely on quantities, weights, or numbers of units respectively, as determined by us prior to dispatch. Any such damage as may be caused in transit shall be settled by the customer directly with the forwarder concerned. Packing material and forwarder are principally chosen by us. Specials wishes shall be at the cost and peril of the customer. In case the customer is in delay with payment, we have - after setting an adequate deadline - the right to withdraw from the contract and to be entitled to claim damages.
5. Warranty and Liability
The storage temperatures given on the packing must be kept. Complaints of defects are to be made by the customer in writing without delay but at the latest within 7 days of receiving the delivery otherwise they shall not be accepted. The invoice, the delivery order and - if possible - a sample of the item should be enclosed. There is no right to send back goods without our acceptance.
Excluded from the warranty are parts subject to wear and tear, spare parts and service of our machines. Any complaints properly lodged and proved justified shall be compensated for by means of reduction in price, replacement or return of the goods against reimbursement of the
purchase price, subject to our discretion. There is no right for the customer to retain money or make further claims. Any liability exceeding the level given in the Product Liability Act resulting from our products, regardless of the risk involved, is excluded. Any liability is limited to the purchase price according to the invoice of the goods that caused the damage.
6. Terms of Payment
Unless not otherwise agreed, our invoice is payable within 14 days upon receipt without discounts. If awarded payment dates are not kept all claims shall be payable immediately. Moreover we have the right to add the actual interest rates as soon as the payment becomes due. We are also entitled to count previously made payments toward interest charges, warning charges, debt collection fees and legal fees which have been incurred. In such cases further deliveries shall only be made after payment has been received in advance. The customer is not entitled to balance out our claims against him with claims of his own. Bills of exchange need to be accepted by us in writing.
7. Retention of Title; Right to retain Goods
We retain title to our products until the payment of all charges is made no matter on what legal grounds (also previous transactions). The reservations do not preclude the customer from selling the goods supplied in the course of regular business. In the case that the retention of title is demanded, the customer has to guarantuee that we receive the goods without a major delay. In case the retained title is sold in the course of regular business the customer shall be obligated to retain title of the affected goods himself. In case the customer disposes of the delivered objects he already assigns all resulting claims against his purchaser to the amount of our demands to us on the grounds of cover and we thereby accept this assignment. Any other disposal to, use of by, pledge to or assignment as a security or other disposition to third parties of the purchased object is not allowed during the period of retention of title. The customer must immediately inform us of any seizure or other detriment to the property by third parties. If the customer fails to meet his obligations or stops his payments the entire outstanding amount shall be payable also as far as Bills of Exchange with a later maturity are still current. In this case we are entitled to demand the immediate restitution of the purchased object under exclusion of any lien.
8. Conditions for Resale:
Delivery of our products to specialist stores occurs according to contract conditions. In principle our goods may only be resold in original packing.
9. Place of Jurisdiction
Place of performance and jurisdiction shall be Wr. Neustadt for CARE diagnostica in Austria and Dinslaken for CARE diagnostica in Germany.
10. Proviso concerning inoperative Regulations
In the case that individual regulations are inoperative, the effectiveness of the other regulations of these General Terms of Business shall not be affected.
11. Data Protection, Confidentiality
The names and addresses and further informations of customers are stored in machine-readable form and are used for routine administrative tasks arising out of client contracts such as accounting or customer service matters. Search commisions and search results are treated in confidence.