These General Terms and Conditions (GTC) of Medicor AG, Gewerbestrasse 10, 6330 Cham ZG, Switzerland, (hereinafter "Medicor AG") apply to all business relations between Medicor AG and its customers.

Medicor AG offers its customers products and devices in the field of medicine for sale and also provides training and repair services. It operates the website www.medicor-ag.ch for information purposes.

A customer is any natural or legal person who maintains a business relationship with Medicor AG.

These GTC apply exclusively. Conflicting, supplementary or deviating terms and conditions require the express written confirmation of Medicor AG in order to be valid. 
When purchasing products and using the services of Medicor AG and when using www.medicor-ag.ch or concluding a contract, the customer confirms that it recognises these GTC in full.

For reasons of better readability, the masculine form is used in these GTC when referring to persons and special nouns. Corresponding terms apply to all genders in the interests of equal treatment. The abbreviated language form is for editorial reasons only and does not imply any judgement.

Medicor AG brochures and advertising material as well as on www.medicor-ag.ch contain information about products and services. We reserve the right to make changes to the product range, prices and offers as well as technical changes. All information (descriptions of product ranges, services and offers, illustrations, films, technical specifications and other information, except prices) is non-binding and in particular does not represent any assurance of properties or guarantees, unless explicitly stated otherwise. Medicor AG endeavours to provide all data and information correctly, completely, up-to-date and clearly, but Medicor AG cannot provide any express or tacit guarantee in this respect.

Medicor AG cannot guarantee that the products listed will be available at the time of ordering and that the services offered can be provided. Therefore, all information on services, availability and delivery times is without guarantee and may change at any time and without notice.

There is no general right of access to www.medicor-ag.ch.

www.medicor-ag.ch may contain links to third-party websites. Medicor AG accepts no responsibility whatsoever for the content responsibility for their content and Medicor AG cannot be held liable in any way. The contents of such websites do not necessarily represent the opinion of Medicor AG, nor can it be assumed that Medicor AG has approved such content.

The prices stated on brochures and advertising material, on www.medicor-ag.ch and in quotations are net prices in Swiss francs CHF, excluding VAT. For customers domiciled or resident in Switzerland, the Swiss VAT applicable at the time of conclusion of the contract will be added to all prices.

Medicor AG reserves the right to make technical changes, errors and misprints; in particular, Medicor AG may change prices at any time without prior notice.

a) When purchasing products

The shipping costs and customs duties are always borne by the customer.

Incoterms DDP (Delivered Duty Paid) shall apply for a net value of goods of CHF 100 or more. Medicor AG shall deliver the goods to the place of destination at its own expense and risk, take care of all formalities and bear all costs and import duties.

b) For services 

The prices according to the individual offer apply. Additional expenses for unforeseen services shall be invoiced to the customer additionally charged to the customer at the current rates. 

The offers and quotations of Medicor AG constitute an invitation to the customer to order or purchase products or to utilise services. Offers issued individually for the respective customer are binding for Medicor AG for the period of time stated on them. In all other respects, all offers, dates and deadlines communicated to Medicor AG prior to conclusion of the contract are subject to change and non-binding. 
The contract is concluded upon acceptance by the customer. The contract is also concluded when the customer is given ownership of the products offered by Medi-cor AG or utilises the services of Medicor AG.
If it transpires after conclusion of the contract that the ordered products cannot be delivered or ordered services cannot be provided or cannot be provided in full (e.g. national and international regulations, embargoes etc.), Medicor AG is entitled to withdraw from the entire contract or from a part of the contract or not to provide the services concerned. If the customer's payment has already been received by Medicor AG, the payment will be refunded to the customer accordingly. If no payment has yet been made, the customer shall be released from the payment obligation accordingly. In the event of cancellation of the contract, Medicor AG is not obliged to make a replacement delivery or to pay compensation.
In the case of services, the customer may waive utilisation at any time, in which case it shall reimburse Medicor AG for the costs incurred up to this point in time on a time and material basis. Medicor AG is entitled to deduct these costs from any payment already made.
Service contracts for an agreed period of time may be cancelled in writing by the customer and by Medicor AG up to three months before their expiry (by e-mail is sufficient), otherwise they shall be automatically renewed once for the same period of time, with adjustment of the remuneration in accordance with the national consumer price index. 

When purchasing products, the customer has the right to cancel the contract with Medicor AG within 14 days of taking possession of the goods or the last partial consignment. The deadline is deemed to have been met if the customer notifies Medicor AG of the cancellation in good time (by e-mail to info@medicor-ag.ch). The customer can use the cancellation form enclosed with the order. The cancellation does not require any justification. To comply with the right of cancellation, it is sufficient for the customer to send the notification of the exercise of the right of cancellation before the expiry of the aforementioned 14-day period.

The exercise of the right of cancellation leads to a reversal of the contract.

The customer must return the goods in question to Medicor AG within five days of notification of cancellation at the latest. This deadline shall be deemed to have been met if the goods are dispatched within the aforementioned period. The customer shall bear the costs of returning the goods.

Any payment already made and the delivery costs (standard delivery) will be refunded to the customer within 14 days of receipt of the cancellation by Medicor AG. Medicor AG shall use the same means of payment for this refund as the customer used for his payment. Medicor AG may refuse reimbursement until it has received the goods back or the customer provides proof that the goods have been returned.

Medicor AG reserves the right to demand appropriate compensation for damage, excessive wear and tear or loss of value due to improper handling and to deduct the reduction in value from the purchase price already paid or to invoice the customer for it. Only complete packaging units (cartons, pallets, etc.) can be returned.

No right of cancellation is granted in the following cases:

(i) if the contract has a random element, namely because the price is subject to fluctuations over which Medicor AG has no control;

(ii) if the contract concerns a movable item which, due to its nature, is not suitable for return or may spoil quickly; or 

(iii) if the contract concerns a movable item that is manufactured according to the customer's specifications or is clearly customised to personal requirements.

Payment shall be made in advance or on account.

Medicor AG reserves the right to demand payment in advance and/or to exclude customers from individual payment options without giving reasons. If the requested advance payment is not received within the deadline, Medicor AG is entitled to withdraw from the contract and to demand compensation.

In the case of payment on account, the customer shall automatically be in default on expiry of the payment deadline and shall owe default interest of 5% per annum.

The invoiced amount may not be offset against any claims the customer may have against Medicor AG.

Products

Deliveries are dispatched to the address specified by the customer in the order. The delivery period is usually two to three working days, but can be up to 14 days in exceptional cases. Deliveries are sometimes dependent on third parties, which is why the stated delivery times are non-binding.

Benefit and risk are transferred to the customer upon dispatch. Incoterms DDP apply for net goods values of CHF 100 or more.

If the delivery cannot be delivered or if the customer refuses to accept the delivery, Medicor AG may cancel the contract after notifying the customer by e-mail, setting a reasonable deadline and charging the customer for the costs incurred.

The customer is obliged to inspect the delivered products immediately upon receipt of the delivery and to notify Medicor Ltd in writing by e-mail within three working days of any defects for which Medicor Ltd is liable. Thereafter, the delivery shall be deemed accepted. 
All returns to Medicor AG shall be at the expense and risk of the customer. The customer must return the goods to Medicor AG in their original packaging, complete with all accessories, together with the delivery note and a description of the defects. Only complete packaging units (cartons, pallets, etc.) can be returned.

If the inspection by Medicor AG reveals that the product has no detectable defects or that these are not covered by the manufacturer's warranty, Medicor AG may charge the customer for the labour involved, the return shipment or any disposal.

Services

Unless otherwise agreed, Medicor AG shall fulfil its obligations by providing the agreed services. Medicor Ltd shall endeavour to carry out orders placed with it properly, professionally and on time.

Where possible, Medicor AG shall take into account subsequent requests for changes by the customer, provided that these are possible without additional costs or postponements. If additional expenses and/or costs are incurred, Medicor Ltd shall inform the customer in advance and the customer shall confirm this additional assumption of costs in writing.
In principle, the registered office of Medicor Ltd. shall be the place of fulfilment, unless otherwise agreed.

If the client is unable to attend, Medicor AG is entitled to postpone appointments at any time and to propose alternative dates. The customer shall only be entitled to a refund of the costs if Medicor AG definitively cancels the appointment.

If circumstances beyond the control of Medicor Ltd (e.g. force majeure etc.) make it impossible to carry out a service, Medicor Ltd reserves the right to cancel or postpone the service in question. Any payments already made by the customer will be credited in favour of further services or refunded in full. Further claims for compensation are excluded.

Services

The client undertakes to comply with legally prescribed deadlines.

He is obliged to take all precautions necessary for the provision of the service by Medicor Ltd. immediately and at his own expense.

In particular, the customer shall provide Medicor AG's employees with unhindered access to the device and/or equipment. 

In the case of online training courses/appointments, the customer is responsible for ensuring the necessary Internet infrastructure and corresponding Internet access. 
Internet access. The customer must make all arrangements at the agreed time and to the agreed extent. 

Furthermore, the customer is obliged to co-operate comprehensively and promptly, in particular to arrive punctually. 

In the case of training courses, the customer is also obliged to attend the agreed dates in person. If he is unable to attend, he must cancel the respective appointment at least 48 hours in advance in writing (by e-mail), whereupon Medicor AG shall propose an alternative date. 

In the event of cancellation less than 48 hours before the agreed appointment, the appointment is deemed to have been attended and compensation is due.

The videos, calls and all other services and consultations provided online may not be recorded in whole or in part or filmed from the screen without the contrary permission of Medicor AG.

The client is prohibited from making any files or documents available to third parties without the written permission of Medicor Ltd, whether for payment or free of charge, during or after the end of the services provided by Medicor Ltd. 

Products

In the case of equipment installations and location changes of equipment as well as maintenance, any necessary (structural) measures, preparatory work and the provision of work equipment such as cranes etc. shall be carried out by the customer at the customer's expense. The customer is responsible for ensuring that these services are carried out as agreed at the agreed time or have already been carried out when Medicor AG commences work.  

Medicor AG supplies products and provides services of impeccable quality. Medicor AG accepts no warranty for damage caused by careless handling, normal wear and tear, unsuitable or improper use or care or other excessive physical effects. 
Any warranty is excluded for products whose expiry date has passed and for consumables.

In the case of defects notified in good time, Medicor AG shall assume the warranty for freedom from defects and functionality for a warranty period of two years (one year for second-hand equipment) from the date of delivery or from the date of provision of the service. It is at the discretion of Medicor AG to fulfil the warranty by means of free repair, equivalent replacement or, in the case of product purchase, by reimbursement of the price. Further claims by the customer are excluded.

Normal wear and tear, the effects of the weather and the consequences of improper handling or damage by the customer or third parties are also excluded from the warranty.
Warranty cases do not permit the withholding of payments or claims for damages. 
Only complete packaging units (cartons, pallets, etc.) can be returned.

Medicor AG excludes all liability, irrespective of its legal basis, as well as claims for damages against Medicor AG and any auxiliary persons and vicarious agents. In particular, Medicor Ltd. shall not be liable for indirect damages and consequential damages, loss of profit or other personal injury, property damage or pure financial loss suffered by the customer or third parties. Medicor AG is also not liable for compliance with legally prescribed deadlines. Medicor AG reserves the right to further mandatory statutory liability, for example for gross negligence or unlawful intent.

Medicor AG only uses hyperlinks on www.medicor-ag.ch to simplify the customer's access to other websites. Medicor AG can neither know the content of these websites in detail nor assume liability or other responsibility for the content of these websites.

In the case of Medicor AG brochures and advertising material and on www.medicor-ag.ch, Medicor AG is entitled to all rights to any trademarks or is authorised to use them by the owner.

Neither these GTC nor any associated individual agreements contain the transfer of intellectual property rights, unless this is explicitly mentioned.
 

The protection of its customers' personal data is important to Medicor AG. Medicor AG takes the issue of data protection seriously and pays attention to appropriate security. Medicor AG processes and maintains personal data in accordance with the provisions of the Federal Act on Data Protection (FADP), the Ordinance to the Federal Act on Data Protection (OFADP), the Telecommunications Act (TCA) and, where applicable, other data protection provisions, in particular the General Data Protection Regulation of the European Union (GDPR).

The customer agrees that Medicor AG may use its data to carry out advertising measures (online or print) in particular to send him information about offers.

The customer has the option of objecting to these advertising purposes at any time by notifying Medicor AG.

Should individual provisions of these GTC be wholly or partially void and/or ineffective, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by such provisions that come closest to the meaning and purpose of the invalid and/or ineffective provisions in a legally effective manner. The same applies to any loopholes in the provisions.

In the event of disputes, Swiss substantive law shall apply exclusively, to the exclusion of conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.221.1) is explicitly excluded. 
excluded.

The place of jurisdiction is Zug (Switzerland), unless the law provides for mandatory places of jurisdiction.

Cham, 01 April 2024