General Business Terms and Conditions
Applicability
The following General Business Terms and Conditions apply to Med Tech Trading, Zurich as long as no other agreement with a customer has been entered into. The buyer’s procurement terms and conditions do not obligate us even if we do not directly contradict them. Our General Business Terms and Conditions apply exclusively even if the buyer’s order contains restrictions or amendments which read otherwise.
Prices and shipment costs
The prices in our lists are selling prices for Switzerland without value- added tax (VAT). The prices are not binding; Foreign currency exchange rate increases may cause a new fixation of the prices. Prices, charges and other expenses are calculated in Swiss Francs if not specially mentioned in another currency. Shipment which have to be sent by Post-Priority mail, dangerous goods, cooling material as dry ice or any other special handling will be additionally charged.
Orders
Orders can be placed by e-mail, fax, letter or verbal. Unclear or unreadable orders can be refused or must be confirmed.
Suitability Information and Transportation Requirements for Chemicals, Diagnostics, and Reagents
The chemical products delivered by us comply with the guarantee certificates or specifications in the catalogues or on the label. In case of discrepancies, the
information on the label is considered final.
Confidentiality
Med Tech Trading and the buyer do acknowledge and grant confidentiality and non-disclosure of technical, professional and pricing information about the other party to a third party, without prior permission in writing. Med Tech Trading is obligated to keep secret any information about the customers. This also holds true for information obtained during discussions, negotiations or exchanged verbally or in writing in relation to goods or deliveries.
Claims, Complaints, Guarantee and Liability
The buyer must check the goods as soon as they are received to determine whether they match the items ordered and the quantity is correct. Any shipping damage must be reported to the shipping company driver immediately so that a damage report can be filled out. Defects or incorrect shipments, which are found through a normal check of the goods, must be reported within eight working days after the receipts of the goods. Claims for defects, which later become apparent despite an immediate and correct check, must be made as soon as they are discovered but within six months of the receipt of goods, at the latest. If the buyer does not make a claim for defects in a timely manner, the quality and amount are considered as accepted. Claims for defects do not release the buyer from a payment obligation. Defective goods may only be returned with our expressed agreement. No return shipments will be accepted without written approval. For incorrect shipments where the buyer is at fault, a 25% restocking and handling fee will be charged. If the buyer has filed a claim for a defect or incorrect delivery on time and if the claim is founded, the goods will be replaced or refunded at our discretion. If the replacement for the exchanged goods is also defective, we will give the buyer the option of an exchange or reduction. For short shipments reported on time, we reserve the option of sending an additional shipment or issuing a credit. A buyer’s claim for damage compensation through delay or impossibilities where we are at fault are limited to the amount of the value of the invoice for the quantity of goods, which we delivered or where we are behind in delivery except in cases of intent and gross negligence. If damage has been caused due to gross negligence, our liability resulting from this breach of duty is limited to the foreseeable damages resulting there from.
We do not accept any responsibility, respectively Med Tech Trading does not pay any indemnities, compensations any special costs or amendments, for the consequences of inadequate storage precautions, economical financial loss, working time loss, product damage (e.g. infrastructure) even products which must be used together with our sent products, injury or death to persons or any other damages related with the products delivered by Med Tech Trading.
The entire risk as to the performance of these products is assumed by the buyer. Med Tech Trading shall not be liable for indirect, special or consequential damages of any kind resulting from use of the products.
We can only accept responsibility for goods damaged in transit if the damage is reported in writing to ourselves and to the carriers within eight working days after the receipt of the products.
Payments
Payments for delivered goods are due net 30 days from the date of the invoice. The obligation to pay is only considered as fulfilled when the invoice amount has been credited to our bank. We are entitled to charge late interest at going bank rates for late payments. Cash discounts lapse in principle even if prepayments or payment without making use of a payment objective is made. We may demand prepayments or guarantees when initiating a new business relationship.
We may also demand prepayments if a payment deadline is missed or doubts about the customer’s creditworthiness exist; in these cases, we can also retract
payment deadlines already established.
Ownership
All goods delivered by us remain our property until the buyer has met all of his obligations resulting out of the mutual business relationship. We are entitled to record
our ownership reservation in the public registry maintained by the collection office in the customer’s place of residence should we consider this necessary.
Legal Validity
With the publication of these General Business Terms and Conditions, the Sales and Delivery Terms and Conditions for earlier price lists and catalogues relinquish their effectiveness. The buyer accepts all points of these General Business Terms and Conditions through each placement of an order. These General Business Terms and Conditions as well as all contracts closed on the basis of these are subject to Swiss law.
Jurisdiction
The courts of the State of Zurich have jurisdiction over all conflicts arising from this contractual relationship.
Zurich, January, 2008 | 
