General standard terms and conditions (in German: AGB)

General standard terms and conditions

We deliver according to the terms of delivery and payment, unless other terms are stipulated in written form. Follow-up business is always valid, even without further references to the GTC.

Contract conclusion

Offers, in written or oral form, are without engagement. Orders via internet are not accepted. Contracts between Novotech Elektronik GmbH (in the following text: NOVOTECH) and the customer are only valid, if they are signed by both parties. Oral agreements are no contract conclusions.

Prices

All prices are net without VAT ex works. We reserve the right to collect a delivery fee.

Mode of payment

The customer has to pay the total price net cash to NOVOTECH, unless something else has been agreed upon. In case of new customers we reserve the right to deliver on advice payment.
Orders have to be sent in written form containing a complete address and telephone number (no mobile phone numbers) to our company address or via fax – only with a legally valid signature.
The delivered goods remain our property until payment. Before that pawning or assignment as security are not allowed and resale is only allowed, if this is done by resellers as ordinary business activity. The customer has to bear any intervention costs. In case of delay of payment interest and commissions of 5% above interest rate are due according to valid jurisdiction without giving notice of default. NOVOTECH delivers abroad (outside Germany and Austria) only on advice payment. In case of international banks the customer bears the bank fees.

Reservation of ownership

The goods remain property of NOVOTECH until payment of all, also future claims emerging from the business relation.

Modifications of orders

All later modifications of order, modifications of quantity and cancels can only be accepted, if no costs are involved. In this case the customer is invoiced for the costs.

Times of delivery

Times of delivery which have been agreed upon in a binding or non-binding way have to be sent in written form. Times of delivery begin with contract conclusion. In case of delays of delivery and delivery NOVOTECH reserves the right to supply in form of partial deliveries. The time of delivery confirmed by NOVOTECH is only an expected time of delivery and is valid for delivery ex works. NOVOTECH does its best to deliver on time. The customer is only allowed to withdraw from the contract in case of non-compliance of the times of delivery, if he/she has given NOVOTECH a reasonable deadline in written form which was accepted by NOVOTECH as reasonable in written form. The non-compliance of the agreed times of delivery does not give the customer the right to claim damages. The customer cannot refer to a lack of interest in delivery.

Guarantee

The guarantee for all bought and delivered goods is 1 year (in words: one year) on acceptance. The treatment loop has to be exchanged after 500 hours according to legal guidelines. The exchange of the treatment loop can only be done by one of our directly accredited engineers or by NOVOTECH.

Expiry of guarantee

The guarantee expires, if non-authorized persons change, modify or adjust the products. Furthermore, the guarantee expires in case of damage through improper use including the use of the product contrary to the manual, if the product is connected with an unsuitable power supply as well as in case of accidents, lightning,s water, fire or other causes that cannot be connected with NOVOTECH.

Complaints and returns

The customer has to examine the goods soon after arrival with regard to the quantity, state and features. Hidden faults have to be revealed within 14 days after discovery, at the latest 3 months after delivery in written form. If the customer wants to make a notice of defects, the notice of defects is allowed within one week in case of open faults, or NOVOTECH cannot be made liable for any faults.

The time of delivery and the date of the letter of reply are necessary for the calculation of deadlines. The customer has to give NOVOTECH enough time to remove the faults. If NOVOTECH does not manage to remove a fault or to replace the goods by the end of the deadline or if improvements or replacements are impossible or denied by NOVOTECH, the customer has the right to demand rescission of the contract (conversion) or decrease in price (decrease). Goods which had to be customized are excluded from substitution. Not announced returns and not prepaid shipments will not be accepted and return to the sender. Damages of customers out of positive violation of a contractual duty or violation of duties in case of contract negotiations and prohibited action are excluded. This is not valid, if there is liability in cases of intent or wanton negligence of NOVOTECH, your legal representative or your agent. This limitation of liability is valid for the customer.

Guarantee work is free of charge for the customer. During warranty period defects have to be sent to NOVOTECH or NOVOTECH’s authorized repairer free of charges. The customer is responsible for transport. After corrective maintenance the device is sent back to the customer free of charges.

If the device can be repaired on site, guarantee work is done without charges for the customer. The customer has to bear the call-out fee of the authorized engineer.

Delivery damage

The shipments are supplied for the account and risk of the customer. As soon as the goods are released to be sent to the customer, the risk is transferred from NOVOTECH to the customer. In case of delivery damage the customer has to keep the packaging with all shipping documents. The customer has to contact the dispatch company and let the damage be confirmed in written form.

Liability

NOVOTECH excludes liability for faulty replacements and components from subcontractors. NOVOTECH excludes liability from special, random or follow-up damage including lost profits, trade loss, loss of income or times of nonuse.

Traceability

If the customer intends to sell, let or change the location of NOVOTECH products which are bound to legal regulations on medical devices or other regulations to third parties or a further business unit, the customer has to inform NOVOTECH about such an intention in written form and at least four weeks before putting such intention into practice, i.e. indicate the serial number of the device and the identity, headquarters and business activities of the receiver. This obligation excludes the customer’s general right to sell the product within legal boundaries. The customer has to document in a manner that each bought NOVOTECH product can be traced at any time; moreover he/she has to make this documentation accessible for NOVOTECH and the responsible authorities during business hours.

Technical further developments and property rights

Modifications and further developments of the device REHATRON™alpha can be done without any announcement.

Property rights

All trademarks and property rights of NOVOTECH are accepted by the customer.

Data protection

NOVOTECH stores and uses customer information only for the purpose of carrying out the contract (if necessary with associated companies for reasons of testing the creditworthiness) and within the framework of delivery or for carrying out maintenance contract. All information is treated confidentially.

Confidential information

The customer is not allowed to copy, reproduce or supply secret or confidential information (especially technical data) which he/she has received from NOVOTECH without a written permission.

Partial nullity

If an agreement of these terms of delivery and payment or of another contract (order) is or becomes invalid, it does not affect the validity of the other agreements. The invalid agreement is replaced with a valid agreement which corresponds with the purpose of the invalid agreement.

Place of jurisdiction

The only place of jurisdiction is the location of Novotech GmbH, 4210 Gallneukirchen bei Linz, Austria.

Status of these GTC: September 2011.