Terms & Conditions
Terms and Conditions
- General Information
1.1. The following general terms and conditions of sale and delivery shall apply to all business relationships between us and our customers and to all our services and deliveries. These terms and conditions shall also apply to future transactions, even if no express reference is made to them.
1.2. Any conflicting or deviating general terms and conditions of purchasers are hereby expressly rejected. They shall only become part of the contract if Dr. Monika Bencurova, MEDIBENA Life Science Solutions eU (subsequently, MEDIBENA) agrees to them in writing in individual cases.
1.3. The rights of customers arising from business transactions with MEDIBENA shall not be transferable to other natural persons or legal entities.
1.4. Offers shall be non-binding unless expressly stated otherwise.
- Prices and Payment Terms
2.1. Prices and deliveries for domestic sales are ex works (EXW Incoterms 2010). All prices exclude VAT. For orders of a net value of € 400 and higher, MEDIBENA shall bear the transport costs. For orders below this value, we shall charge a flat rate of € 35.00 per standard delivery within Austria. For information about the current shipping costs outside Austria please check with MEDIBENA office. Any additional costs that may arise shall also be charged. The shipping mode shall be determined by us and shall exclude any liability on our part. Additional costs incurred due to express deliveries requested by a purchaser shall be borne by the relevant purchaser. The agreed terms in the framework agreement shall apply to partial invoices.
2.2. Unless otherwise agreed, net payment shall be made promptly within 10 days from invoice date.
2.3. If a customer is in default, all outstanding claims shall become due for immediate payment, and the customer shall be obliged to pay default interest as defined by the Austrian Commercial Code and the Payment Default Act.
2.4. A cash discount deduction shall only be permissible if this is expressly noted on the invoice and the specified payment deadline is met.
2.5. Offsetting against our claims and the right of retention are excluded.
- Delivery, Delivery Times and Returns
3.1. There are no fixed delivery times. They shall be specified following close consultation, but they shall not be legally binding. We shall not be liable for delays caused by unforeseen events in production, transport or delivery by our suppliers or by force majeure. Such circumstances shall entitle us to unilaterally withdraw from the contract.
3.2. Customers shall notify MEDIBENA and the transport company of any complaints arising from transport damage immediately upon receipt of the goods.
3.3. Return shipments may only be made in proper packaging and after consultation with MEDIBENA in any case. If a client does not provide suitable packaging material, we shall be entitled, but not obliged, to pack the goods adequately at the expense of the client.
3.4. If returned goods have deteriorated due to the customer, the customer shall be obligated to compensate for the resulting damage.
- Warranty, Liability and Compensation
4.1. Incomplete, incorrect or defective deliveries shall be reported in writing
immediately after delivery. Hidden defects shall also be reported in writing
immediately after their discovery.
4.2. Insofar as products delivered by MEDIBENA are defective, MEDIBENA shall, at its
own discretion, either repair the defect or deliver a replacement in accordance
with the statutory provisions.
4.3. MEDIBENA`s warranty obligation shall only apply in the event of a notice of defect made in due time. The customer shall grant MEDIBENA a reasonable period of time for rectification. If this is refused, MEDIBENA shall be released from its warranty obligation.
4.4. In the event of improper repair by the customer or a third party, the warranty shall be excluded.
4.5. MEDIBENA shall not be liable in the event of: natural wear and tear, incorrect or negligent handling, unsuitable operating materials and excessive stress.
4.6. MEDIBENA shall only be liable for damages caused by intentional or grossly negligent conduct of MEDIBENA, its legal representatives, employees or vicarious agents.
4.7. The Austrian Product Liability Act shall remain unaffected.
- Retention of Title
6.1. The object of purchase or the goods shall remain the property of MEDIBENA until full payment of the purchase price and all associated costs and expenses. In the event of even partial default of payment, we shall be entitled to collect the goods even without the purchaser‘s consent.
6.2. In the event of seizure or other interventions by third parties, the customer shall immediately notify MEDIBENA in writing.
- Confidentiality / Data Protection
All information which is designated as confidential or which is recognizable as a business or trade secret on the basis of other circumstances must be kept secret by the contracting parties, and it may not be recorded or utilized unless this is required to achieve the objective of the contract. The collected data shall only be used to the extent necessary for the fulfillment of the contract.
- Place of Jurisdiction, Place of Performance, Applicable Law, Miscellaneous
8.1. The place of performance shall be Vienna, and Austrian law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded.
8.2. The competent court of Vienna, Austria shall have exclusive jurisdiction in the event of any disputes.
Vienna, 13.01. 2025