General Terms and Conditions

1. Scope and applicability
The following General Terms and Conditions (GTC) form an integral part of all contracts with our customers. They shall in any case take precedence over any terms and conditions of purchase of the customer. Other general and/or contractual terms and conditions that deviate from these GTC shall only apply if they are recognized in writing by Rein Medical AG. These GTC are valid from 01.03.1999.

2. prices and terms of payment
Our prices are quoted ex works of Rein Medical AG.
Unless otherwise agreed in writing, invoices are due for payment within 20 days strictly net of the invoice date. Upon expiry of
the payment period the purchaser is in arrears. The standard bank interest on arrears shall be charged. In the event of arrears
arising we reserve the right to pass on the demand and debt collection charges thereby incurred. Without prejudice to the
foregoing, we are entitled in the event of arrears to request that further deliveries are cash on delivery or prepaid.
The right to change prices based on fluctuations in the price of raw materials or currency is expressly reserved.

3. delivery deadlines
When placing the order, the customer must point out all circumstances that enable correct and punctual delivery. Any consequential costs resulting from ambiguities in the order shall be borne by the customer.
The delivery period shall be based on the date specified in the contract. It shall be extended if obstacles occur that are attributable to force majeure such as war, epidemics, storms, etc.
Delays in delivery shall not entitle the customer to withdraw from the contract or to claim damages.

4. retention of title
The goods shall remain the property of Rein Medical AG until the purchase price has been paid in full. Rein Medical AG shall be entitled at any time to have the retention of title entered in the relevant register and to withdraw from the contract in the event of default of payment. The customer shall not be entitled to offset our claims against any counterclaims.
In the event of a change in the creditworthiness of the purchaser, which becomes known after conclusion of the contract, or if payment terms are not met, Rein Medical AG shall be entitled, at its discretion, to demand immediate payment, to withdraw from the contract in whole or in part and/or to make delivery dependent on advance payment and to demand the return of goods already delivered, without prejudice to further claims for damages, even if special payment terms have been agreed. All costs incurred in connection with Rein Medical AG’s action shall be borne by the purchaser. In the event of withdrawal from the contract, Rein Medical AG reserves the right to reclaim the delivered devices immediately (Art. 214 para. 3 OR).
Orders may only be canceled with the written consent of Rein Medical AG. Costs that have already been incurred or price increases due to order reductions are to be borne by the customer.

5. examination and warranty
Upon receipt of the goods, the customer must inspect them in his own interest. Complaints about any poor packaging must be reported on the day of receipt of the goods. Further defects in the delivered equipment must be reported in writing immediately, but no later than eight days after discovery. If this is not done, the goods shall be deemed to have been approved by the customer.
In the event of a warranty claim, the customer must present the proof of purchase at the same time, otherwise we shall be entitled to refuse warranty services without further ado. Instead of a warranty in accordance with Art. 197 ff. OR, the goods are supplied with a manufacturer’s guarantee. Rein Medical AG grants the buyer the same warranty as it is entitled to from the manufacturer. Defects occurring during the warranty period for which the purchaser is not responsible will be repaired or replaced free of charge by Rein Medical AG at its own discretion. Expenses incurred in connection with the deployment of technicians for repairs outside our place of business shall be borne by the customer, as shall the transportation of devices to and from our premises. If a component of an appliance is replaced, the warranty of the goods remains unaffected, in particular it is not interrupted, does not begin to run again and is not extended.
The assertion of warranty claims does not entitle the buyer to withdraw from the contract or to retain the purchase price. Furthermore, claims for damages are excluded. This applies in particular to liability for damage that has not occurred to the goods themselves, such as loss of production, loss of use and orders, loss of profit and other direct or indirect damage. Rein Medical AG also rejects any liability for the destruction or loss of data during the rectification of defects.

6. place of jurisdiction
The exclusive place of jurisdiction is Münchwilen (TG). The customer expressly declares that he submits to the place of jurisdiction agreed here, waiving his ordinary place of residence. The legal relationship is subject to Swiss law.

Rein Medical AG, Büfelderstrasse 1, CH-8370 Sirnach