1 General comments
1.1 These General Terms and Conditions (“GTC”) apply to all contracts between chMedica and the customer, in particular to purchase and supply orders. Differing terms of the customer are only valid if expressly acknowledged in writing by chMedica.
1.2 If a clause in these General Terms and Conditions should prove to be invalid, either in whole or in part, the contracting parties shall replace it with a new clause that comes as close as possible to the legal and economic purpose.
1.3 Statements of prices and specifications in price lists, brochures, online offers and the like are not binding.
1.4 All agreements and legally relevant declarations of the contracting parties shall only be valid in written form.
1.5 In the event of discrepancies between the contractual provisions agreed in writing and these GTCs, the contractual provisions shall prevail.
2 Conclusion of the Contract
2.1 The contract is concluded when chMedica issues the written order confirmation or invoice.
2.2 Deviations from the customer’s order in the chMedica order confirmation or invoice shall become part of the contract unless the customer objects in writing within five working days of receipt of the order confirmation. The right to correct purely calculation errors remains reserved.
3 Scope of deliveries and services
3.1 Deliveries and services by chMedica are definitively stated in the order confirmation and in the invoice.
3.2 chMedica is entitled to use third party suppliers.
4.1 Unless otherwise agreed, all prices are in Swiss francs, without any deductions and excluding VAT.
4.2 Unless otherwise agreed, surcharges for small order quantities and costs for special requests shall be borne by the customer and shall be invoiced separately.
4.3 If, in the period between the conclusion of the contract and delivery, the basis for pricing changes as a result of unforeseeable circumstances (especially currency fluctuations and supplier prices), chMedica may adjust prices accordingly.
5 Delivery time
5.1 The delivery deadline stated in the order confirmation applies. chMedica undertakes to meet delivery deadlines, but there is no guarantee of this. Delays in delivery do not give any entitlement to compensation, withdrawal or other benefits to the customer.
5.2 The delivery period shall be extended accordingly if:
a. chMedica does not receive the data necessary for fulfilment of the contract in time;
b. the customer changes the data at a later date, causing a delay in delivery;
c. there are impediments that chMedica cannot overcome despite due diligence, regardless of whether these occur at chMedica itself, at the customer or at a third party.
5.3 If, due to events beyond its control, chMedica is unable to make a delivery or deliver on time, chMedica may withdraw from the contract in whole or in part. In this case, chMedica also reserves the right to make partial deliveries.
6 Transfer of benefits and risks
6.1 Benefits and risks are transferred to the customer with the arrival of the delivery at the agreed location.
6.2 If, at the request of the customer or for other reasons for which chMedica is not responsible, shipment is delayed, the risk is transferred to the customer at the time of the originally agreed delivery date.
7 Shipment, transport and insurance
Unless otherwise agreed, shipping and carriage to the agreed place of destination are the responsibility of chMedica. For shipments abroad, the cost of packaging and shipping is added to the total value of the goods; it will be indicated in the order confirmation.
7.1 chMedica takes out transport insurance at its own expense. Any further insurance against damage of any kind shall be the responsibility of the customer from the time of transfer of risk.
7.2 Complaints about shipment or transport must be made by the customer immediately upon delivery or receipt of the shipping documents to the last carrier.
7.3 Special requests concerning shipping, transport and insurance must be notified in good time to chMedica at email@example.com. Any additional costs are shown separately to the customer on the invoice.
8 Verification and acceptance of deliveries
The customer is obliged to check the systems and/or products supplied within 5 (five) working days of delivery, notifying chMedica in writing of defects at the following email address firstname.lastname@example.org.
9.1 The warranty period begins on arrival of the goods at the agreed place of delivery. The warranty period is 24 months for equipment.
9.2 Excluded from the guarantee are consumables and parts subject to wear and tear.
9.3 The customer is only entitled to replacement or repair of defective goods, as assessed by chMedica.
9.4 Contract termination, price reduction and other rights or claims are not covered.
9.5 The guarantee expires prematurely as a result of inappropriate interventions, modifications or repairs carried out by the customer or a third party, or if, in the event of a defect, the customer does not inform chMedica immediately.
9.6 chMedica shall not be liable for defects occurring as a result of natural wear and tear, faulty maintenance, inappropriate use (e.g. use of consumable and wear items that do not comply with or are not recommended by chMedica), excessive strain or other reasons not attributable to chMedica.
10 Compensation and limitation of liability
10.1 The liability of chMedica (in terms of warranty, unauthorised operation, contract or for any other reason) is in all cases limited to compensation for direct damage up to the amount of the payments made by the customer under the existing contract. Liability for indirect and consequential damages, damages for loss of production and loss of profit is expressly excluded.
10.2 Should third parties hold chMedica liable for product liability damages, the cause of which is attributable to the customer, the customer shall reimburse chMedica for all costs incurred.
11 Data protection and privacy
11.1 Information ceded by chMedica to the client for the performance of the contract may not be used by the client for other purposes, nor made accessible to third parties.
11.2 chMedica is not authorised to make confidential information and business secrets about the customer accessible to third parties.
12 Payment conditions
12.1 Payment shall be made within 30 days of the invoice date.
12.2 If, when placing a new order, the customer has not yet paid the invoices due, chMedica may suspend execution of the order until payment is made.
12.3 chMedica may withdraw from the contract if payment is not made in a timely manner.
13 Retention of title
13.1 The goods sold remain the property of chMedica until the contract has been fulfilled and all payment obligations have been met.
14 Import and export control
14.1 The buyer acknowledges that the goods supplied (as well as any know-how contained therein) may be subject to import and export controls. Each contracting party undertakes to comply with the export and import control regulations.
15 Applicable law and place of jurisdiction
15.1 These GTCs shall be governed by Swiss substantive law, to the exclusion of the Vienna Sales Convention.
15.2 The exclusive place of jurisdiction for all disputes arising between the contractual parties shall be Lugano, Switzerland.
16 Special Purchase Provisions
All prices are in Swiss francs including VAT, excluding shipping costs. The applicable shipping costs are indicated in the order process. The right to technical changes, errors and misprints is reserved. chMedica may change prices at any time without notice.
16.2 Replacement and defects
Products offered by chMedica leave the company in perfect condition and, in principle, may not be returned or exchanged. The only exceptions are goods delivered incorrectly or those that reach the customer with defects. In such cases, the goods must be returned to chMedica in their original packaging, provided that the defects have been notified in advance to email@example.com.
The customer will receive a replacement delivery if possible. Defects must be claimed in writing within 5 days of receipt of the products. If this is not the case, the products are deemed to have been irrefutably accepted.
17.1 Shipping throughout Switzerland
Shipping throughout Switzerland is free of charge for orders over CHF 150.-
Parcels are generally sent via Swiss Post’s priority package service (usually received the day after dispatch).
17.2 Shipping large orders throughout Switzerland
Any additional costs will be charged for bulky or heavy orders and will be communicated prior to dispatch and shown on the invoice.
Shipping costs include handling, packaging and postage. Handling costs are fixed, while transport costs may vary according to the total weight of the shipment.
The advice we give is to group your items in one order to avoid having to pay the shipping costs for each order placed separately.
However, if you have already placed several separate orders, it is not possible to combine them. Please note that the parcel is sent at your own risk; if it contains fragile items, special care will be taken to avoid damage during shipment.
The boxes are suitably large and your items are well protected.
17.3 Shipments abroad
There is currently no provision for delivery abroad.
However, customised solutions can be found.
We therefore ask you to contact us directly via the following contact form.For shipping abroad we can find customised solutions in this case please contact the sales department directly at the following e-mail address firstname.lastname@example.org
Via Carvina 4, 6928 Taverne