The deliveries, performance and offers of Certoclav Sterilizer GmbH. shall be based exclusively on these Terms and Conditions; terms and conditions of the customer opposing or deviating from these Terms and Conditions shall not be recognized by us unless we had explicitly agreed to their validity. Contractual performance on our part shall in this respect not be agreement to contractual conditions deviating from our Terms and Conditions. These Terms and Conditions shall also be a basic agreement for all further legal transactions between the contracting parties.
– All offers, written or verbal, are valid for 30 days, unless otherwise specified. The right is reserved to amend any accidental errors.
– Illustrations and Specifications are subject to alteration without notice. They are not binding and are only intended to represent generally the type of goods offered, as owing to improvements and revisions of design, apparatus may not conform to them in detail.
– Deliveries offered ex-stock are subject to the goods being unsold at the date of receipt of customer’s order.
Insofar as nothing different is explicitly recorded, all prices stated by us shall be exclusive of VAT, insurance and carriage.
In the event of changes in labour costs resulting from collective agreement regulations within the sector or internal works agreements, or should there be changes in other cost centres relevant for the calculation or in costs necessary for performance – for example those for materials, energy, transport, subcontracted works etc. -, we shall have the right to increase or decrease the prices accordingly.
Terms of Payment
If nothing different has been agreed, our invoices shall be payable within 14 days after issue. Deduction of discount shall require a separate agreement. Payments made by the customer shall not be recognized as paid until they have been credited to our business account.
The contractual partner (customer) undertakes in the case of arrears in payment to reimburse the costs incurred by the creditor for reminders and collection insofar as these are necessary for appropriate prosecution.
Term of Delivery
We shall have the right to exceed the agreed dates and terms of delivery for a reasonable period if they are based on the possibilities or promises of our suppliers. Return of correctly supplied goods will not be accepted unless agreed arrangements have been made. A separate advice of despatch should be sent to us for all items. No responsibility will be accepted for items damaged or lost in transit.
Certoclav Sterilizer GmbH is not responsible for damage to articles during transport to customer or sent to us for repair or examination. In case of damage during transport within three working days the carrier has to be advised both in writing and verbally.
Withdrawal from the Contract
For substantial reasons such as, in particular, bankruptcy of the customer or rejection of a petition in bankruptcy on grounds of insufficient assets, or arrears in payment by the customer, we shall have the right to withdraw from the contract insofar as it has not yet been fully performed by both parties.
Reservation of Ownership and Assertion thereof
All goods will be delivered by us under reservation of ownership and shall remain our property until payment has been made in full. Assertion of the reservation of ownership shall involve a withdrawal from the contract only if this is explicitly declared. In the event of goods being recovered, we shall have the right to charge for any transport and manipulation expenses. In the event of a lien by a third party and goods subject to our reservation of ownership – in particular through seizure – the customer shall undertake to give notice that the seized objects are our property and to notify us immediately.
Claims under warranty must be legally asserted within two years of delivery. We shall meet all warranty claims by the customer at our discretion, either through replacement or repair within a reasonable period. The customer may demand cancellation of sale only if the defect is major and cannot be remedied through replacement or repair.
We are not responsible for any damages for articles sent to us for repair of examination. The customer must inspect the goods immediately after delivery, and in any case within 6 workdays. Any defect found must be notified to us in writing without delay, and in any case within 3 workdays of their being discovered, stating the nature and extent of the defect.
Responsibility + Product Liability
Our responsibility is limited to the supply of goods in the kind and quality ordered.
Recourse claims in the sense of s. 12 Product liability law shall be excluded, unless the party entitled to recourse proves that the defect originated in our sphere of responsibility and was the result of at least gross negligence.
Directive 2002/96/EC (WEEE)
The supplier will take the supplied commodity back on the expense of the customer after use completion and ensure best available treatment, recovery and recycling according to the laws duly.
Applicable law, Jurisdiction, Copyright
Austrian law shall apply. The contracting parties agree to Austrian, domestic jurisdiction.
Jurisdiction is Linz/Austria.
Plans, drafts or other technical documentation, and samples, catalogues, brochures, diagrams and similar, shall remain our intellectual property; the customer shall not be granted usage or exploitation rights of any kind whatever.
Certoclav Sterilizer GmbH
4060 Leonding Austria
Phone +43 (0) 732 674 278