General Terms and Conditions 0225 of Splipharm Arzneiwaren GmbH

1. General information

Our terms and conditions are an essential part of our contracts. Deviations are only binding if agreed upon in writing. The General Terms and Conditions do not limit our legal obligations regarding certain product groups, such as pharmaceuticals, veterinary medicines, or medical devices.

2. Offers, Documentation of Delivery Notes and Invoices, Prices

Our offers are non-binding. Unless otherwise stated, we generally offer goods of Austrian origin, regardless of any indications or instructions on the customer’s order or any references on packaging suggesting that the goods may also be marketable in other countries. Our offer does not guarantee the marketability of products outside Austria unless we explicitly state otherwise in our offer and delivery. The indication of country-specific information, such as pharmaceutical central numbers, does not serve as proof of marketability.

All prices are quoted in euros. Additional costs that may arise after collection or delivery of the goods, such as import and export permits, are the responsibility of the customer.

3. Retention of Title

The goods remain our property until full payment is received. In the case of advance payment, ownership transfers to the customer upon collection from our warehouse.

4. Transport

Unless otherwise agreed, the collection and shipping of the goods are at the customer’s expense and risk. We choose the most suitable shipping and packaging method, particularly in compliance with legal regulations for pharmaceuticals. We are not obligated to follow customer-specified or provided packaging instructions.

5. Delivery Time

The delivery time we specify begins upon receipt of your order confirmation and is met on the day of dispatch or readiness for dispatch. Changes to the order specifications void the delivery deadline and require a new agreement.

6. Warranty

We warrant for a period of six months that the goods comply with their descriptions and are free from defects that would impair their usability. Minor impairments are not considered defects. This warranty does not apply to items with a shelf life of less than six months at the time of sale.

If defects occur during proper use, the customer must report them immediately, but no later than seven days, in a comprehensible form, including all necessary information for troubleshooting. Upon our request, this must be done in writing. The customer must provide reasonable support in remedying the defect.

The customer may set a reasonable deadline for defect correction. If this deadline passes without resolution, they may demand a price reduction or withdraw from the contract under legal conditions.

The warranty is void for goods that the customer modifies or otherwise alters, unless the customer proves that their actions did not cause the defect.

We may charge for expenses incurred if a defect report results in an investigation that reveals no defect.

7. Liability for Damages

We are only liable for damages if caused by intent or gross negligence. Compensation is limited to the value of the goods.

8. Payment

Unless otherwise agreed, invoices must be paid within ten days. All prices are subject to the applicable statutory value-added tax (VAT).

9. Set-Off Prohibition

Offsetting counterclaims against our claims is excluded unless they have been legally established or acknowledged by us.

10. Reduction by Half

The applicability of § 934 of the Austrian Civil Code (ABGB) is excluded.

11. Export Licenses

If the goods or parts thereof require a U.S. export license, they are intended exclusively for use within Austria. Export is subject to obtaining the necessary permits and ensuring no legal restrictions prevent export. If the customer intends to re-export the goods, they must apply for the required U.S. export license and only proceed with re-export after obtaining approval.

12. Data Protection Clause

All information regarding data processing and the rights of our business partners can be accessed at www.splipharm.com at any time.

13. Language of the Terms and Conditions

The German version of these General Terms and Conditions shall prevail.

14. Applicable Law and Jurisdiction

Austrian law applies. The place of jurisdiction and performance is Vienna.