1 General conditions
1. General
1.1 The general conditions of VISTA Med Sàrl apply exclusively.
1.2 Receipt in written form of confirmation from VISTA Med Sàrl to accept the order (order confirmation) constitutes conclusion of the contract. Confirmation of receipt of the order, electronic transmission in the event of placing the order via electronic means of communication such as the Internet, e-mail or confirmations of receipt by fax do not constitute confirmation of the order.
2. Technical documentation, product reproductions, texts, illustrated exercises/texts and publications
2.1 Subject to the right of ownership and copyright of the parties to the contract, if any, of their suppliers on the documents transmitted to the other party to the contract. The two parties to the contract undertake not to make such documents accessible, in whole or in part, to third parties without the prior consent, communicated in written form, of the other party and not to duplicate or use for a purpose other than that for which these documents were communicated to them. These documents must be returned immediately if the order is not placed.
3. Offers
3.1 All offers remain non-binding until confirmation of the order. Only the content of the order confirmation in written form applies, without taking into account any verbal confirmations deviating from this content. having taken place during commercial negotiations or quotes that do not comply with it.
3.2 The delivered goods may differ from the agreed characteristics with regard to color, gloss of surfaces, material supplied, etc. as well as unavoidable or inherent tolerances in the material. Subject to differences in technical execution. Usual quantity differences resulting in particular from sales units must be accepted by the orderer.
4. Price
4.1 All prices are in Swiss francs, and, unless otherwise stated, legal VAT is extra. The current price list applies
4.2 The prices quoted in the repair or modification quotations are non-binding. Invoicing takes place according to the work actually carried out and according to the respective applicable rates.
4.3 A price revision takes place in the following cases: modifications to the construction resulting in an extension of the standard equipment, subsequent modifications to the type or volume of the services or agreed deliveries, when modifications prove necessary because the documents provided by the customer are incomplete or do not conform to actual circumstances or as a result of changes to the provisions of collective agreements or customer
5. Terms of payment
5.1 For terms of payment, please refer to the applicable price list. For new customers (private or specialist customers), in the event of a negative credit check, unpaid debts, etc. VISTA Med Sàrl is entitled to request payment in advance
5.2 For capital goods and special models: 1/3 of the sale price when placing the order, 2/3 of the sale price with final invoice on the fixed payment date, net price 5.3 If, for any reason, the customer is in arrears with the payment of an invoice or if, due to a circumstance occurring after the conclusion of the contract, VISTA Med Sàrl should seriously fear that the customer will not proceed, in whole or in part , or within the time limits agreed upon for payments, VISTA Med Sàrl is entitled, without prejudice to its rights resulting from legal provisions, to defer the execution of the contract and to postpone the delivery of supplies ready for shipment until the conclusion of new payment conditions and, possibly also new delivery conditions and until VISTA Med Sàrl has obtained sufficient security.
5.4 If the customer does not respect the agreed payment dates, he is obliged to pay, without formal notice being necessary, default interest from the agreed due date. The interest rate will be six percent higher per annum than the Repo Overnight Index of the Swiss National Bank. Subject to damages for any other damage (213, Code of Obligations)
6. Freight, packaging, transport, insurance
6.1 Transport risks are the responsibility of the orderer.
6.2 Transport insurance is only concluded at the request and expense of the orderer.
6.3 In the event of delay in receipt by the customer, VISTA Med is entitled, subject to the other rights available to it, to deposit, with discharge effect, the goods delivered to a third party, at the expense and risk client
7. Delivery dates and deadlines
7.1 Delivery dates and times are non-binding unless expressly agreed otherwise in writing. Delivery times begin to run on the date of order confirmation. The dates and times expressly guaranteed relate only to the time of dispatch. They are deemed to have been respected when we have indicated the availability for dispatch.
7.2 In the event of force majeure or other unforeseeable and exceptional circumstances beyond our control, e.g. service disruptions, strikes, lockouts, administrative measures energy supply difficulties, even if these occur at the upstream supplier, the delivery time is extended by the duration of the impediment if an obstacle does not allow us fail to perform our obligation on time. If the circumstances indicated make delivery or performance impossible or if these can no longer reasonably be demanded, we are released from the obligation to deliver. In the event of extension of the delivery period or release from the obligation to deliver, the author of the order cannot claim damages.
8. Return Provisions
8.1 Complaints about shipments are only accepted within 5 days of receipt of the goods. No complaints, with the exception of warranty claims, will be accepted after this period has elapsed.
8.2 The goods are sent by VISTA Med Sàrl in a condition suitable for transport. In the event of visibly defective packaging, the goods sent by DHL must be accepted only with the mention “Receipt subject to reservation” or must be refused. In both cases, VISTA Med Sàrl must immediately be informed of the incident. In the event of conditional receipt, the shipment must be checked. In the event of damaged goods, this is taken back. In the event of sending by post, the local post office must be informed immediately. In the event of shipment by transport company / Cargo domicile, the car papers must contain the mention „Receipt subject to reservation, description of the damage:“
8.3 Incorrect orders can only be returned within 14 days. After this period has elapsed and for a period of 3 months from the establishment of the invoice, the recovery takes place only with a deduction of 25%, at least however of 25 CHF. Deliveries dating from more than 3 months are no longer included. The following products are not included in any case: goods from suppliers that are not part of the VISTA Med Sàrl assortment, investment goods, hygiene items (ointments, creams, oils, etc.), sound and image carriers
8.4 Test and demonstration items are only taken back within the limits of the conditions defined in the order confirmation.
8.5 Goods must be packed with the utmost care. Unstamped shipments are not accepted.
9. Assembly
9.1 All preparatory work for assembly such as adaptations to the construction, installations and sanitary and electrical connections, are the responsibility of the orderer.
9.2 If the assembly is included, VISTA Med Sàrl invoices in addition the waiting times suffered by the specialized personnel due to insufficient preparation of the customer as well as, if necessary, any other damage
9.3 If the assembly is the responsibility of the customer, the compensation and the additional services of the specialized personnel made available by VISTA Med Sàrl take place according to the rates and provisions in force of the pricing for fitters applicable at the time of the assembly .
9.4 Waiting times for specialist personnel due to insufficient assembly preparation by the customer as well as any other damage, if any, shall be borne by the customer.
9.5 The working time and performance of work as well as the end of the work must be certified,
9.6 During assembly, VISTA Med Sàrl is only liable for damage suffered by the delivery due to intentional acts by VISTA Med Sàrl's bodies or auxiliary staff or due to their gross negligence. All other damages are the responsibility of the customer.
9.7 VISTA Med Sàrl declines all responsibility for work carried out by its specialized personnel that it would not have ordered.
10. Retention of title
10.1 The customer accepts any registration in the competent retention of title register. VISTA Med Sàrl provides assistance to the customer for the cancellation but is not however responsible for the cancellation of the latter.
10.2 During the duration of application of the retention of title, the thing sold may not be resold, modified in its form, its type and its function, pledged or even transported to another place without the written agreement of VISTA Med Sàrl, except in the case of protection of the property of VISTA Med Sàrl. The customer is required to take all appropriate measures to preserve the delivery and to insure it for the benefit of VISTA Med Sàrl against theft, destruction, fire, water damage and all other risks. Any claims arising from the corresponding insurance policies are thus deemed transferred to VISTA Med Sàrl. In the event that the customer cannot provide proof of the existence of insurance, VISTA Med Sàrl would be entitled to take out the corresponding insurance at the customer's expense.
10.3 In the event of breach of the contractual provisions by the orderer, especially in the event of late payment, we are entitled to take back the item sold. The recovery does not constitute termination of the contract, unless expressly terminated in writing by us.
10.4 The seizure by our company of the thing sold always constitutes termination of the contract. We are entitled to sell the thing sold after taking it back. The product of the sale is deducted from the sums due by the author of the order after deduction of the costs of realization.
11. Legal warranty / Contractual warranty
11.1 Goods subject to natural wear resulting from their use and which may become unusable regardless of their duration of use, such as for example balls, textile products, protective fabrics are only covered by the guarantee in the event of a defect workmanship or material. The warranty expires in the event of damage resulting from the following circumstances: negligence in monitoring and handling, use not in accordance with the instructions for use, exceeding the maximum permissible stress, use of inappropriate fuels, installation in an inappropriate location, foundations and works insufficient construction, chemical or electrolytic influences, modifications or repairs carried out, without authorization, by the customer himself or by an unqualified third party.
11.2 The author of the order is, on request, under the obligation to return to us at his expense, the goods presenting a defect, and this up to a weight of 35 kg, a circumference of 4 m and a length of 2.20 m, as far as possible in its original packaging, the transport costs being reimbursed by our company. Returned goods will not be refunded, returned or kept without our prior consent. We are entitled to refuse these goods Damage suffered during transport due to defective packaging during reshipment. are not the responsibility of the manufacturer or the supplier. In the event of defects which have only a relatively minor effect on the usability of the goods, we are entitled, in order to save time and transport costs, to make improvements within an appropriate period. . If, for reasons attributable to the author of the order, an improvement or a replacement delivery is not possible on the date previously agreed, the additional salary and transport costs resulting from this impossibility shall be borne by the customer. originator of the order.
11.3 If a defect of the thing sold is attributable to us, we are entitled, according to our preference, either to remove the defect or to make a replacement delivery. VISTA Med Sàrl becomes the owner of the replaced parts.
11.4 Exclusion of liability: All other claims arising from the guarantee are excluded, in particular the cancellation of the contract for defect of the goods, reduction of the price as well as repair of any other damage VISTA Med Sàrl is, in particular, not responsible consequential damages such as compensation for loss of work or workmanship, loss of earnings, costs and damage to persons and animals.
11.5 Warranty periods can be found in the technical description of the equipment goods. These periods are limitation periods also applicable to claims based on the contractual liability of the producer if no claim is based on a tort.
11.6 The warranty obligation expires prematurely if the customer or third parties carry out non-conforming Modifications or repairs or if, when a defect has arisen, the customer does not immediately take all necessary measures to reduce the damage and if he does not allow VISTA Med Sàrl to remove the defect. The warranty periods are extended for resellers and their customers for products defined as such for resale and are an additional 3 months for capital goods and 6 months for other resale products.
11.7 The customer undertakes to entrust the use of the thing sold only to qualified persons and Declares to be aware of the fact that the use of VISTA Med Sàrl devices may be subject to Conditions imposed by the relative law to medical products.
12. Procedure in the event of a breakdown
Despite high-quality production and the many quality checks carried out, it can happen that a device suffers a breakdown. We kindly ask you to test the correct operation in all cases according to the instructions for use and consult the troubleshooting section. If the breakdown does not disappear, it becomes necessary to draw up a declaration of the problems. In order to be able to process the case as quickly and correctly as possible, it is essential to provide the following data: model / description of the device (can be found on the devices or in the operating instructions), article number and proof of purchase. Technical problems and any warranty claims that may arise from them must be reported to us immediately after the problem has arisen. We will first try to resolve the problem with you over the phone. If the device still does not work, an effective and customer-friendly solution will be taken. We always strive for simple solutions in the case of warranty, also with regard to on-site repairs of devices.
13 . Software
Software enclosed with the delivery by VISTA Med Sàrl but not developed by the company itself is subject to copyright law and, where applicable, to the provisions of the respective license agreement. The necessary licenses whose conditions must be respected by the user of the software are attached to the products by VISTA Med Sàrl. License terms must be accepted by the user.
14. Right of recourse of VISTA Med Sàrl
If acts or omissions by the client or its auxiliary staff result in bodily injury or material damage to third parties and if, as a result, a third party turns against VISTA Med Sàrl, VISTA Med Sàrl has a right of recourse against the client. .
15. Jurisdiction and applicable law
All the client's legal relations with VISTA Med Sàrl are governed by Swiss law. The application of agreements on the sale of goods, whatever they are, is excluded.
The place of jurisdiction is at the registered office of VISTA Med Sàrl.