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Terms

General terms and conditions of
MDT Bioelectronics, CH–9553 Bettwiesen

Power of revocation

The contractual statement can be revoked in written text (e.g. letter, fax, e-mail) within two weeks without any specifications or by return of the product(s). The deadline begins at the earliest with the receipt of the instruction for the right of withdrawal. The duly dispatched revocation or product is sufficient to preserve the revocation period. The revocation has to be addressed to the address specified in the fulfilment confirmation.

Revocation consequences

In the event of a valid revocation of this agreement each party shall return to the respective other party the benefits received (e.g. interests). In case you should not be able to return us the received benefits completely, partially or in bad order only, you shall render us value replacement. This is not valid for assignment of the object if the degradation solely attributes to its examination, such as it would have been possible in any store. Furthermore, the obligation for value replacement can be avoided, while you do not take the object in use as property and consequently omit any impairment of value.
By return consignment of a delivery of goods to a value of CHF 60.- (EUR 40.-) the costs will be charged to the purchaser if the provided goods correspond to the ordered ones; otherwise there are no charges for the purchaser. Goods which can not be sent, will be collected.

Special provisions

Your right of withdrawal expires before maturity, if your contractual partner has started the accomplishment of the service before the end of revocation period or if you have brought it about by yourself (e.g. by download etc.).

General provisions of contract

1. Area of validity

Purchases and deliveries are carried out only according to the conditions hereafter. Amendments and supplements to the terms and conditions of purchase or diverging terms and conditions of the supplier are valid only if we confirm them in writing. They also have no effect if we have not objected to them in a particular case. They are also valid for all future agreements with the supplier if said supplier was agreed with their validity after being informed about them.

2. Quotation

Quotations of the supplier are subject to change without notice.

3. Contract conclusion

As soon as the supplier has sent a written order confirmation or a delivery the agreement is considered as concluded. Additional amendments or supplements to the contract, as well as other arrangements made at the conclusion of the agreement are only valid if confirmed in writing.

4. Prices

The prices in catalogues, folders and similar are applicable only if expressly advised in the written order confirmation. The prices are valid ex-stock, the costs for packaging and delivery are not included. All fees, taxes or other duties in relation with the delivery are charged to the purchaser. The prices in this shop contains no tax. Tax free delivery outside Switzerland. Tax will be charged by customs on import and must be payed on delivery.

5. Delivery

Unless otherwise agreed the delivery is carried out by the Swiss post or another parcel service at buyer’s risk. Partial deliveries are possible. Claims about transport damages have to be objected by the purchaser immediately after reception of the goods to the carrier as well as to the supplier.  Sanctions of storage caused by the purchaser are charged to the purchaser, the goods are considered as consigned.

6. Payment

The payment has to be made by bank collection or by settlement on one of our bank accounts.

7. Reservation of proprietary rights

The supplied goods remain in absolute property of the supplier until full payment (incl. interests and costs). Pledging or assignment before full payment are excluded. The extended reservation of proprietary rights is imperative.

8. Warranty

Upon existence of deficiencies of the goods we are entitled to repair or to replace them. An eventual warranty requires a separate written agreement. Defects by reason of consignment character have to be communicated in written within 7 days after receipt of the goods at the point of delivery to the applicant.

9. Contract repudiation

The contract can be cancelled by the buyer upon a default in delivery caused by gross negligence of the supplier as well as upon an ineffective expiration of a determined appropriate respite. The repudiation has to be enforced via registered letter.  The supplier is entitled to withdraw from the contract, if the execution of the consignment and/or the start or continuation of service are impossible due to buyer’s responsibilities as well as upon an ineffective expiration of a determined appropriate respite. The supplier is entitled to withdraw from the contract upon doubts of buyer’s solvency or if the buyer does not make a  deposit before consignment or provide a suitable security.

10. Complaints

Replacement of goods is only possible by wrong delivery or manufacturing defects. Every reshipment has to be accompanied by a copy of delivery receipt or by the invoice. If the goods have obviously been damaged during transportation the purchaser shall complain about within 48 hours. Every reshipment in consequence of a complaint must be advised preliminarily.

11. Final clause

Amendments of or additions to these general provisions of contract are only valid in written form. In the event that any clause is held to be null and void or unenforceable, such unenforceable clause shall be severed and the remainder of all other clauses and delivery conditions shall remain in full force and effect, and shall be enforced to the fullest extent permitted by law. Applicable law and place of performance of all obligations of this contract are the registered office of MDT Bioelectronics.  Court of jurisdiction is the responsible tribunal for Bettwiesen. MDT Bioelectronics is entitled to give the quota of items to external collection agencies in order to recover the debts by dint of legal action at foreign courts. In case of sales to the public the clauses as aforesaid are valid only if the consumer protection law does not imperatively regulate other terms.