Status May 2016

The following "General Terms and Conditions" apply to companies of the Physiotherm group of companies (Physiotherm for short), whereby the individual contractual partner of the customer results from the order/the individual contract.

All our offers, deliveries and services shall be governed exclusively by our Terms and Conditions. These shall also apply as a framework agreement for all future transactions with Physiotherm even if no further separate reference is made to them. Amendments to these terms and conditions shall only be valid if confirmed in writing. Conflicting terms and conditions of purchase are subordinate and shall only apply if they have been expressly agreed. Verbal agreements are only binding if they are confirmed in writing.

Note on consumer rights

These terms and conditions also apply to consumers, unless mandatory statutory provisions provide otherwise.

1. conclusion of the contract:

The written order confirmation of the supplier is decisive for the contract. The dispatch of the goods ordered by the customer also brings about the conclusion of the contract.

2. delivery time:

The delivery period is subject to unforeseen obstacles that lie outside the sphere of Physiotherm. In particular, Physiotherm shall not be liable for delays in delivery due to force majeure and strikes. If these events prevent the timely fulfillment of the contract, the delivery periods shall be extended accordingly. Claims for damages or termination of the contract for this reason are excluded in any case, unless Physiotherm is proven to have been grossly negligent. If the Customer has not accepted the goods as agreed (default of acceptance), the Supplier is entitled, after unsuccessfully setting a grace period, either to store the goods itself, for which a storage fee of 0.1 % of the gross invoice amount per calendar day or part thereof may be charged, or to store the goods at the expense and risk of the Customer with an authorized tradesman. At the same time, Physiotherm shall be entitled either to insist on performance of the contract or, after setting a reasonable grace period of at least 2 weeks, to withdraw from the contract and to utilize the goods elsewhere and to claim damages from the Customer. In the case of contracts for delivery on call, the goods must be accepted no later than 6 months after the order is placed. The above-mentioned consequences shall also apply in the event of default of acceptance by the customer.

3. transfer of risk:

The risk shall pass to the Customer upon delivery of the goods by the carrier/forwarder to the Customer or upon collection by the Customer at the agreed place of delivery according to the order. Physiotherm usually dispatches the goods by a carrier/forwarder commissioned by it.

4. changes:

We reserve the right to make technical changes, price changes and design changes in the interest of quality improvement.

5. retention of title:

Notwithstanding the earlier transfer of risk, the delivered goods shall remain our property until payment of all our claims arising from the delivery plus any interest, expenses and costs. Our customer hereby assigns to us by way of security his claim against third parties, insofar as this arises through resale, until all our claims against him have been satisfied. In the event of an impending seizure or other confiscation by a third party, the latter must be informed of the retention of title and the supplier must be notified immediately. Prior to the transfer of ownership to the customer, pledging, transfer by way of security, processing or transformation is not permitted without the express consent of the supplier.

6 Complaints, warranty:

The customer must inspect the goods immediately upon receipt. Complaints shall only be considered if they are asserted in writing within 3 days of receipt of the goods. They shall not entitle the Buyer to reduce or withhold the purchase price. If the complaint is acknowledged, the supplier is only obliged to supply a faultless replacement or to make improvements, at his discretion. The rejected goods must be kept ready for inspection by the supplier on site.
In all other respects, the general statutory warranty provisions shall apply. The warranty obligation includes the costs of labor and spare parts, but not wear parts and consumables or damage due to normal wear and tear.
The supplier assumes no warranty for defects for which he is not responsible, in particular those caused by improper assembly or operation by the supplier or third parties; by force majeure, natural hazards, water damage, fire, fall, etc.; modification of the delivered product by the customer or third parties, installation of parts of foreign origin; non-compliance with the regulations on care and maintenance of the delivered product or disruption of the in-house installations and facilities. The supplier also accepts no liability for consequential damage resulting from the failure of the delivered product.

7. guarantee:

The supplier provides a lifelong guarantee for the functionality of Physiotherm infrared heating elements provided they are used properly and as intended. This warranty claim must be made in writing and accompanied by the original invoice to Physiotherm GmbH in 9000 St. Gallen, Rosenbergerstrasse 30 (Tel. +41 71 2209 391, www.physiotherm.com).
Any additional costs incurred in connection with the fulfillment of the warranty for delivery and installation of the spare part shall be borne by the customer. Any spare parts replaced as a result shall become the property of the supplier.
The warranty is excluded in the event of damage caused by improper assembly, handling or commissioning (e.g. overvoltage, chemical influences, etc.). The supplier shall not be liable for any costs arising from anticipated repairs not authorized by the customer in connection with this warranty promise.
The general and special warranty provisions shall remain unaffected by this warranty promise.

8. liability:

All claims for damages are excluded in cases of slight negligence. This does not apply to personal injury. The existence of slight or gross negligence must be proven by the injured party, unless it is a consumer transaction. If it is not a consumer transaction, the limitation period for claims for damages is 3 years from the transfer of risk. The provisions on damages contained in these terms and conditions or otherwise agreed shall also apply if the claim for damages is asserted in addition to or instead of a warranty claim.
Recourse claims within the meaning of § 12 of the Product Liability Act are excluded, unless the party entitled to recourse proves that the defect was caused in the sphere of the supplier and was at least due to gross negligence.

9 Prices, terms of payment:

The prices apply from the agreed place of delivery according to the order plus statutory VAT. Unless otherwise agreed in writing, the purchase price shall be due for payment without any deduction upon receipt of the invoice. If the freight-free delivery provision applies, Physiotherm shall also bear the usual costs of transportation insurance. Any additional special costs for packaging, freight and transportation insurance shall be borne by the Customer and shall be due together with the purchase price. Payments by the Customer shall only be deemed to have been made upon receipt in the Supplier's business account. In the event of default of payment, the Supplier shall be entitled, at its discretion, to demand compensation for the damage actually incurred or default interest at the statutory rate. Interest on arrears shall be charged at 5% p.a. above the base interest rate for consumer transactions and 8% p.a. above the base interest rate for business transactions from the due date.

10. consumer law Switzerland:

Right of revocation for "doorstep selling" and consumer contracts in distance selling: The consumer has a right of revocation and is no longer bound by his declaration of intent to conclude the contract if he has revoked it in due time. The revocation does not have to contain a reason and must be declared to Physiotherm in text form within one week. This does not apply if the Customer has concluded the contract at a trade fair or if the Customer trades commercially with the goods. Consequences of withdrawal: If the consumer withdraws, he must return the goods received or, at Physiotherm's discretion, keep them ready for collection. He must pay compensation for the reduction in value caused by the intended use of the goods. The Customer can avoid the obligation to pay compensation by not damaging the original packaging of the product, refraining from self-assembly and disassembly of the product and not using the cabin. Withdrawal is excluded if the goods have been manufactured according to customer specifications or are clearly tailored to personal requirements.

11 Place of jurisdiction, severability clause, applicable law:

The place of performance for deliveries and payments is the registered office of Physiotherm in 9000 St. Gallen. The exclusive place of jurisdiction shall be the court having subject-matter and local jurisdiction at the registered office of Physiotherm GmbH, unless mandatory statutory provisions prescribe a different place of jurisdiction. Austrian law shall apply exclusively, excluding the conflict of laws rules. The application of the UN Convention on Contracts for the International Sale of Goods is explicitly excluded. The legal invalidity of individual parts of the contract shall not release the contracting parties from the contract, but the invalid provisions shall be replaced mutatis mutandis.

12. notes

a) Health:

We have the health effects of our products and developments carefully checked in close cooperation with independent doctors. In connection with health questions and inquiries, we make every effort to respond to the individual information needs of interested parties. Nevertheless, we must point out in this context that all information about our products and their effects is of a general nature and in no way replaces individual medical advice, diagnosis or treatment methods for your personal health condition or situation. For medical advice and treatment of your personal health condition, please consult your doctor.

b) Data protection:

The data required for contractual processing will be processed electronically and may also be forwarded to a Physiotherm company or a Physiotherm partner for the purpose of administration and customer support as required.

13. collection:

A reminder fee of at least CHF 20.00 plus VAT is agreed for each reminder that becomes necessary due to late payment. Lawyer's reminders shall be charged in accordance with the lawyer's tariff. The customer is obliged to inform us of any change of address while the contractual relationship is unfulfilled and shall bear all costs arising from a breach of this obligation.

14. right of transfer:

The seller is entitled to transfer the rights and obligations arising from this contract to another company or a third party. The seller shall be released from his obligations 4 weeks after notification of this legal successor, unless the buyer raises a justified written objection by then.