P12 Medical

General terms and conditions

Scope

The General Terms and Conditions (hereinafter referred to as "GTC") apply to all legal transactions relating to products or services offered by P12 Medical GmbH (hereinafter referred to as "P12 Medical"), even if they are sold under a different name.

General conditions

  • All our sales, deliveries and services are fully subject to these terms and conditions, unless they have been modified or supplemented by written agreements. Any delivery restrictions or limitations of services and online services which we ourselves have to enter into vis-à-vis our suppliers shall pass to the purchaser of the goods, services and online services (hereinafter referred to as "Customer") and shall be complied with by the latter.
  • A sales or rental contract and the purchase of services and online services are deemed to be concluded when the customer signs an order confirmation. The general terms and conditions of P12 Medical and, if available, the terms and conditions of use of our suppliers are also automatically accepted.
  • The product specifications contained in brochures or similar documents and those made with any other offer are shall be authoritative. Deviations customary in the trade and changes that are made due to legal regulations or represent technical improvements are permissible provided they do not impair the usability for the contractually intended purpose.
  • The General Terms and Conditions (hereinafter referred to as "GTC") apply to all legal transactions relating to products or services offered by P12 Medical, even if they are sold under a different name.
  • In the event that the customer passes on the goods and any associated services to a third party, such delivery restrictions or limitations shall in turn be imposed on the latter.

Prices

All prices are quoted in Swiss francs or Euro and do not include VAT. Writing, printing or calculation errors or contract-specific agreements are reserved.

The prices displayed when the contract is concluded apply. Not included in the price is any shipping costs.

Terms of payment

Payment shall be made on account when ordering. All invoices are payable 14 days net, unless other payment terms have been expressly agreed overleaf. The withholding of payments and the offsetting of claims as a result of any counterclaims not recognized by us are not permitted. If errors in the billing of online services are claimed by the customer, they must be reported within 7 days from the date of invoice.

Delay

  • If the customer defaults on payment, P12 Medical is entitled to suspend or block its services or those of its suppliers. In this case, the client has no claim to service fulfillment by P12 Medical and remains obligated to pay the periodically due fees. A processing fee of at least CHF 50.00 will be charged for reactivation.
  • In the event of late payment, P12 Medical is also entitled to charge interest on arrears at a rate of 8%.
  • If the customer defaults on payment of all or part of the fees for two consecutive billing periods, P12 Medical may terminate the contractual relationship immediately.
  • P12 Medical reserves the right to assert further claims due to delayed payment, in particular for costs incurred by P12 Medical as a result of reminder and enforcement proceedings directly or by suppliers. For reminders, P12 Medical may charge reminder fees of at least CHF 20.00 per reminder.
  • Furthermore, P12 Medical is entitled to assign or sell the outstanding invoice amount plus reminder fees and interest on arrears to third parties for the purpose of collection. The costs for the assignment of CHF 60.00 will be charged by P12 Medical to the customer upon transfer of the claim to the collection agency.

Control obligation / warranty

Please check the contents of the delivery for completeness and material defects immediately upon receipt. The warranty period is usually two years, unless otherwise stated in the sales documents or by the manufacturer (packaging / operating instructions). The warranty period starts from the date of invoice. The invoice for goods is considered as "warranty certificate". In case of warranty claims, the defective material must be sent or delivered to us together with a copy of the invoice. Damage caused by the customer as a result of incorrect or unsuitable use or care, modifications or repairs carried out by the customer, wear and tear, force majeure and failure to observe the operating instructions, in particular the specific operating and application conditions specified by the manufacturer, are excluded from the warranty.
If the goods are defective or incomplete, P12 Medical will replace them immediately. Such defects must be reported to P12 Medical within 5 calendar days from the date of delivery. In this case, P12 Medical expects the defective goods to be returned in perfect condition with the original packaging and, if it is not a product put into service together with P12 Medical, unused, within 10 days of receipt. The cost of the return shipment will be borne by the customer. If the goods show traces of use or damage upon return, there is no right to an exchange.

Duty of care and use

The customer must handle the goods with care and comply with the instructions for use and care in the product-specific instructions for use. In the event of improper use or damage, P12 Medical may demand compensation from the customer in the amount of the current value.

The customer may only use the goods and online services after training by P12 Medical, the manufacturer or other persons authorized by P12 Medical or the manufacturer. Use by third parties is only permitted with the prior consent of P12 Medical. All trained employees are listed in a directory with the date of training, lecturer and name of the employee and function.

Right of withdrawal and return

P12 Medical grants you a right to cancel the purchase. In this case, P12 Medical expects the return of the goods in perfect condition, unopened, in the original packaging and unused, within 10 days of receipt. The cost of the return shipment shall be borne by the customer. If the goods show signs of use or damage at the time of return, there is no right of withdrawal.
At the regular end of the rental contract, the customer can return the goods to P12 Medical free of charge. A return label can be requested for this purpose.
If the rental contract is terminated prematurely, the costs of returning the equipment to P12 Medical must be borne by the customer.

Service Contracts

  • Service contracts and the use of online services are usually concluded for a period of one calendar year. Service contracts are automatically renewed for one year unless cancelled by the customer or P12 Medical.
  • The deadline for the ordinary termination of service contracts is one month before the end of the contract term and must be communicated in writing.
  • The minimum term, the notice period and the termination date depend on the type of contract concluded with P12 Medical. If the termination takes place before the expiry of the agreed minimum term or at a time not agreed, the refund of the amount/fee is excluded pro rata temporis and remains with P12 Medical.
  • P12 Medical may terminate the contract without notice if bankruptcy, insolvency, composition or similar proceedings have been instituted against the customer or an application for the institution of such proceedings has been filed. In this case, the agreement on the duration and extension of the contracts applies without restriction. The customer is obligated to inform P12 Medical immediately of such circumstances.

Rental contracts

  • The rental period begins on the day the devices are delivered to the customer. The rental period ends on the day the devices are returned to P12 Medical GmbH. The minimum rental period is 30 days. Any request to extend the rental period must be submitted at least five business days in advance.
  • The rental fee for the agreed rental period is specified in the quote. The rental price does not include any transportation costs, even in the case of replacement of defective equipment.
  • The customer must inspect all deliveries from P12 Medical GmbH for completeness immediately upon receipt. If P12 Medical GmbH does not receive written notification within five business days of receipt, the delivery shall be deemed complete.
  • A contractually agreed security deposit must be paid at the start of the rental period. It serves as security against damage or to offset rental charges. After the property is returned and inspected, the deposit will be settled, and any difference will be refunded.
  • After installation or handover of the equipment, P12 Medical GmbH will perform a functional check. The customer agrees to handle the equipment with care during the period of use and to avoid any damage to the equipment. All devices must be used in accordance with their specifications following instruction. The customer agrees to immediately report any unusual occurrences or events in writing to P12 Medical GmbH.
  • For packaging designated by P12 Medical GmbH as its property, P12 Medical GmbH will bear the costs itself, and the customer must return or ship such packaging back to P12 Medical GmbH at the end of the rental period. Packaging that is not returned will be billed according to P12 Medical GmbH’s rates.
  • If, upon return of the equipment, P12 Medical GmbH determines that any parts of the equipment are missing or damaged, it will notify the customer in writing. The customer is obligated to reimburse P12 Medical GmbH for all missing or damaged parts or equipment at the applicable new prices.

Retention of title

The goods remain the property of P12 Medical until payment has been made in full. In the case of rental, the goods remain the property of P12 Medical for the entire rental period.

Liability

  • P12 Medical is liable for a culpable breach of our essential contractual obligations in accordance with the statutory provisions. Material contractual obligations are obligations that characterize the typical purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place, and compliance with which the contractual partner may regularly rely on. Insofar as we are not guilty of gross negligence or intent, we are only liable for the typically occurring, foreseeable damage.
  • In all other cases, we are liable if damage is caused by us or by one of our agents through willful misconduct or gross negligence. In the event that we assume a guarantee, as well as for damages resulting from injury to life, limb, or health, we are liable in accordance with the provisions of the law.
  • Otherwise, claims for damages arising from breaches of duty against us are excluded. For any claims for damages against suppliers, reference is made to the respective specific terms of use.
  • Liability under the Product Liability Act remains unaffected.
  • Claims for damages according to the above provisions on service and rental contracts and termination shall become time-barred within the statutory periods.

Vigilance and information in the supply chain

The customer shall inform P12 Medical in writing of any deviations and anomalies in the sense of the regulations relevant to the product, such as EU Directive 2014 / 30 / EU (EMC) or the Medical Device Regulation (EU) 2017/745 (MDR). We reserve the right to forward these to the manufacturer or to the competent authorities. The business partner supports the manufacturer in his investigations.

Confidentiality

The customer is obligated to treat all documents and information received from us as confidential and to keep them secret from third parties and to use them exclusively for the purpose of working together. P12 Medical is entitled to demand the return of the information provided, including all copies, from the customer at any time without stating reasons.

Privacy

Please note our Privacy Policy. This forms an integral part of these GTC and the customer agreement. The client as the contract holder undertakes to provide P12 Medical with all data required for proper fulfillment of the contract and, for its part, to observe the data protection regulations and to inform all its users of P12 Medical's services that traffic and usage data is being collected.
The client as the contract holder undertakes to provide P12 Medical with all data required for proper fulfillment of the contract and, for its part, to observe the data protection regulations and to inform all its users of P12 Medical's services that traffic and usage data is being collected.

Final provisions

Should any provision or part of these General Terms and Conditions be or become invalid and/or void, the contracting parties shall replace such provision with a new agreement that comes as close as possible to its legal and economic success. The contract shall otherwise retain its validity.
Swiss law is exclusively applicable for any disputes. The place of performance and jurisdiction is 8610 Uster, Switzerland, unless another place of jurisdiction has been agreed with our suppliers in their terms of use. Our company will at all times endeavor to resolve any differences with its customers amicably and consensually.
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