General Terms & Conditions

General sales, delivery and payment conditions of meditec s.à r.l.

1. General

These general sales, delivery and payment conditions apply to all contracts, deliveries and other services between meditec s.à r.l. (hereinafter “the seller”) and the customer (hereinafter “the customer”) in the version valid at the time of the order.

These conditions apply exclusively; conflicting or deviating conditions of the customer are not recognised unless the seller expressly agrees to their validity in writing.

2. Conclusion of contract

(1) By ordering the desired goods, the customer submits a binding offer to conclude a purchase contract. The contract is only concluded by express order confirmation from the seller or by delivery of the goods.

(2) The presentation of products in a catalogue or other media does not constitute a legally binding offer, but an invitation to submit an order.

3. Products and scope of application

The seller distributes medical products within the meaning of the MDR (EU Regulation 2017/745). The customer is obliged to use the delivered products in accordance with legal provisions and the manufacturer's instructions.

4. Offers

Our offers are always non-binding and are generally valid for 30 days, unless otherwise stated in the offer.

5. Prices

(1) All prices are net in euros plus the applicable statutory value added tax.

(2) The prices valid at the time of the order apply.

6. Deliveries and shipping

(1) As a rule, we deliver free of charge throughout Luxembourg. For special transports and deliveries with a value of goods under €100.00, the seller reserves the right to charge transport, packaging and administration costs.

(2) Deliveries are made ex stock to the delivery address specified by the customer.

(3) For international deliveries, special conditions regarding customs, taxes and transport apply, which are agreed individually.

(4) Delivery dates and periods are only binding if they have been expressly confirmed in writing by the seller.

(5) Partial deliveries are permitted insofar as they are reasonable for the customer.

(6) In cases of force majeure, such as natural disasters, pandemics or official measures, the seller is entitled to postpone deliveries or withdraw from the contract.

7. Complaints and returns

(1) The recipient is obliged to check the delivered goods immediately. Complaints must be submitted in writing within 5 days of the delivery date in order to be valid. Otherwise, complaints are excluded.

(2) Exchange or credit for expired goods will only be made after our responsibility for the damage has been established. In the case of justified complaints, we reserve the right to take back and replace the defective goods.

(3) Return requests must generally be clarified with the seller in writing. Custom-made products, sterile products and opened or damaged packaging units are excluded from return.

(4) All further claims for changes, reduction, damages for damages, labour, material, transport costs, penalties, etc. are excluded.

8. Payments

(1) Our invoices – unless otherwise agreed – are payable net without deduction within 30 days from the invoice date.

(2) In the event of default in payment, the seller is entitled to demand default interest at the statutory rate.

(3) In special cases the seller is entitled to demand shorter payment periods or advance payments. We also reserve the right to suspend delivery of new orders.

(4) Failure to comply with our payment terms or deadlines results in the immediate maturity of all our outstanding claims.

9. Warranty

The statutory warranty rights apply.

10. Liability

The seller is only liable for damages that are based on intentional or grossly negligent behaviour. Liability for indirect damage or loss of profit is excluded.

11. Data protection

The seller processes personal data of the customer exclusively in accordance with the GDPR and only for the purpose of processing the contract.

12. Retention of title

The delivered goods remain the property of the seller until full payment has been made.

13. Final provisions

(1) In the event of a legal dispute, the courts of the Grand Duchy of Luxembourg have exclusive jurisdiction.

(2) Should individual provisions be or become invalid, the validity of the remaining provisions shall remain unaffected.

(3) The seller reserves the right to change these terms and conditions at any time. Changes will be communicated to the customer in due time.