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General Terms and Conditions of SIGVARIS AG

General Terms and Conditions of SIGVARIS AG

General Terms and Conditions of SIGVARIS AG,
Gröblistrasse 8, 9014 St. Gallen, Switzerland
("SIGVARIS")

General

These General Terms and Conditions are applicable to all our offers, deliveries and services, irrespective of the type of order, as far as individual agreements or delivery conditions do not contain any differing provisions.With the ordering of SIGVARIS products, you (the "Customer") accept these General Terms and Conditions. Differing terms of the Customer are only valid if SIGVARIS has consented to such terms in writing.Should one of the following clauses be held to be invalid, then such invalidity shall not affect the remaining clauses and the invalid clause shall be replaced by a new clause which in economic terms is as close as legally possible to the former clause.

 

Subject-matter of the agreement and product specifications

The products contained in the order of the Customer form the subject-matter of the agreement between SIGVARIS and the Customer.

With the ordering of the products, the Customer and SIGVARIS enter into a legally enforceable agreement regarding the purchase of the products ordered by the Customer.

 

Prices and terms of payment

Unless otherwise agreed, the prices and the costs for delivery and packaging are set forth in the price list that is valid at the time of the order. The prices are net prices in CHF, including VAT (if applicable).

Costs for insurances and potential customs, import and sales taxes are added to the prices and shall be borne by the Customer.

Our invoices must be paid within 30 days. Discount deductions do not apply.

In case of a delay of payment, SIGVARIS reserves the right to immediately stop delivering further orders and the Customer automatically forfeits the right to make claims for delay of delivery against SIGVARIS.

Article 56 para. 3 of the Federal Act on Health Insurance applies to products that are listed in the list of substances and objects (MiGeL) and that are issued within the scope of compulsory health insurance. Accordingly, direct or indirect discounts which are granted to the care provider by a person or entity delivering substances and objects must be passed on to the insured person or to her/his health insurance company, as applicable. In case of indirect discounts, a direct passing on is excluded. Therefore, such discounts shall be forwarded to a common institution (gemeinsame Einrichtung) according to article 18 of the Federal Act on Health Insurance. The address is as follows: Gemeinsame Einrichtung KVG, Gibelinstrasse 25, Postfach, CH-4503 Solothurn.

 

Delivery and transfer of risk

The products of SIGVARIS are delivered ex works (Incoterms) by means of making them available for collection. By making the products available for collection by the Customer, the risk of accidental loss and accidental deterioration of the products passes to the Customer.

SIGVARIS undertakes to ensure that its products are delivered to the Customer within a few business days (depending on the type of delivery). All claims of the Customer for compensation in case the delivery time is exceeded shall be excluded. For deliveries within Switzerland, the following shipping costs arrangement applies: Shipment costs per order: CHF 4.50 for Economy and CHF 6.50 for Priority shipments.

As of a net order value of CHF 100 for orders placed via the SIGVARIS-business portal (www.businessportal-ch.sigvaris.com) and as of a net order value of CHF 250 for all other order types, no shipment costs shall be charged to the Customer. For cash on delivery and express deliveries, the relevant applicable tariffs shall apply/be charged to the Customer.

 

Reservation of title

The products delivered remain the sole property of SIGVARIS until full payment by the Customer. If requested by SIGVARIS, the Customer shall provide full assistance to SIGVARIS with regard to safeguarding SIGVARIS' ownership rights. The reservation of title does not affect the clause pertaining to the transfer of risk (see above).

 

Warranties

Claims for warranties shall be time-barred after one year from the transfer of risk. Obvious defects must be notified to SIGVARIS in writing within three working days after receipt of the products, otherwise, the products delivered will be considered accepted. If the products are demonstrably defective, the Customer may request replacement delivery during the warranty period of one year. SIGVARIS assumes no liability for damage and risks resulting from ordinary wear, incorrect treatment or excessive use of its products. Any further liability by SIGVARIS for potential further or consequential damages is excluded.

 

Indemnity

Claims for damages of the Customer are excluded, except for claims in the event of the loss of life, physical injury or damage to health as well as in the event of a liability of SIGVARIS based on an intentional or grossly negligent breach of its duties. A potential liability of SIGVARIS under the Swiss Product Liability Act remains unaffected by the above.

The liability of SIGVARIS shall in any case be limited to an amount equivalent to 100% of the purchase price of the products to which the indemnity relates, subject to mandatory statutory provisions.

 

 

Data protection

The current privacy statement of SIGVARIS is available on

https://www.sigvaris.com/schweiz/de-ch/rechtliches.

 

Market surveillance activities of SIGVARIS

Applicable medical product regulations require SIGVARIS to monitor the products which it places on the market. The Customer acknowledges that SIGVARIS may depend on being notified by the Customer about serious occurrences or defects in connection with the products and the Customer acknowledges that it may have corresponding duties to provide information.

 

Intellectual property rights

All registered trademarks of SIGVARIS are protected by law. All copyright laws or other rights to intellectual property of SIGVARIS, including the SIGVARIS-business portal or the websites of SIGVARIS may, without the prior without consent of SIGVARIS, not be copied, reproduced, posted, transferred, modified or distributed in any way.

All rights which are not granted to the Customer under these General Terms and Conditions remain reserved to SIGVARIS.

 

Applicable law and jurisdiction

The legal relationships between us and the Customer are subject to the substantive laws of Switzerland. The application of the United Nations Convention for the International Sale of Goods is excluded. Any claims shall be exclusively referred to and determined by the courts in St. Gallen, Switzerland.

 

Last amended on: 1st of May 2019