Terms and Conditions
Effective Date: August 1, 2025
1. Scope
1.1 These Terms and Conditions (“T&Cs”) apply to all contracts concluded between MedGTechnik UG (“Seller,” “We,” or “Us”), a company specializing in the purchase, sale, rental, and repair of anesthesia and ventilation equipment, and our customers (“Buyer” or “You”) within Europe.
1.2 These T&Cs govern the sale, purchase, rental, and repair of new, used, and defective medical devices, including devices suitable only for spare parts, whether collected by the Buyer or shipped by Us.
1.3 Deviating or supplementary terms of the Buyer are not recognized unless expressly agreed in writing.
1.4 These T&Cs apply to both consumers (natural persons acting for purposes outside their trade, business, or profession) and business customers (e.g., hospitals, clinics, medical facilities), with specific provisions for consumers as required by EU law.
2. Conclusion of Contract
2.1 Offers made by MedGTechnik UG are non-binding unless explicitly stated otherwise.
2.2 A contract is formed only upon Our written order confirmation or delivery of the goods or services.
2.3 All agreements, including side agreements or amendments, must be in writing to be valid.
2.4 We reserve the right to refuse orders without stating reasons, particularly if the Buyer’s creditworthiness is in question or legal compliance cannot be ensured.
3. Purchase and Sale of Medical Devices
3.1 New Devices: New devices are sourced from trusted manufacturers, certified, and compliant with applicable European regulations (e.g., Medical Device Regulation (EU) 2017/745).
3.2 Used Devices: Used devices are thoroughly inspected, certified, and sold “as is” unless otherwise specified. The Buyer acknowledges that used devices may show signs of wear.
3.3 Defective Devices: Some devices are defective and suitable only for spare parts. These are explicitly labeled as such in the product description and sold “as is” with no guarantee of functionality. The Buyer is responsible for verifying the condition and suitability of defective devices for their intended use.
3.4 The Buyer is responsible for ensuring all devices (new, used, or defective) meet their specific requirements and comply with local regulations at the place of use.
3.5 Product descriptions, images, or specifications provided are for illustrative purposes and do not constitute a guarantee of specific properties unless expressly stated in writing.
4. Rental of Medical Devices
4.1 Rental agreements are subject to a separate contract specifying the rental period, conditions, and fees.
4.2 Rented devices are maintained to high standards but provided “as is” at the time of rental. Defective devices are not available for rental.
4.3 The Buyer is responsible for proper handling and return of rented devices in the same condition, subject to normal wear and tear.
4.4 Late return of rented devices may incur additional fees as specified in the rental agreement.
5. Repair Services
5.1 Repair services are performed with due care and in accordance with industry standards.
5.2 We do not guarantee the success of repairs, particularly for used or defective devices or those damaged by improper use.
5.3 The Buyer must provide detailed information about the device’s condition and defects prior to repair.
5.4 Repairs do not extend the original warranty period of a device unless explicitly agreed in writing.
6. Delivery and Collection
6.1 Delivery: If agreed, We will ship devices to the Buyer’s specified address within Europe. Shipping costs will be charged separately and specified in the order confirmation. Delivery times are estimates and non-binding unless expressly agreed otherwise.
6.2 Collection: The Buyer may collect devices from Our premises by prior arrangement. Risk transfers to the Buyer upon collection.
6.3 Risk of loss or damage transfers to the Buyer upon handover to the carrier (for delivery) or upon collection.
6.4 We are not liable for delays caused by force majeure, including but not limited to natural disasters, strikes, or transportation disruptions.
7. Prices and Payment
7.1 Prices are quoted in Euros (€), exclusive of VAT, shipping costs, and other applicable taxes or fees, unless otherwise stated.
7.2 Payment is due within 14 days of the invoice date unless otherwise agreed in writing.
7.3 In case of late payment, We reserve the right to charge interest at the statutory rate (currently 8 percentage points above the base rate for businesses or 5 percentage points for consumers under German law) and to suspend further deliveries or services.
7.4 The Buyer may not withhold or offset payments due to counterclaims unless such claims are undisputed or legally established.
8. Retention of Title
8.1 We retain title to all sold devices until full payment is received.
8.2 The Buyer must notify Us immediately of any third-party claims or actions affecting Our property rights.
8.3 If the Buyer is in default of payment, We may reclaim the devices, and the Buyer must bear the costs of such reclamation.
9. Right of Withdrawal for Consumers
9.1 Applicability: This clause applies only to Buyers who are consumers (natural persons acting for purposes outside their trade, business, or profession) and who enter into a distance contract (e.g., online or phone purchase) under the EU Consumer Rights Directive (2011/83/EU). Business customers (e.g., hospitals, clinics) have no statutory right of withdrawal.
9.2 Right of Withdrawal: Consumers have the right to withdraw from a distance contract within 14 days without giving any reason. The withdrawal period begins on the day the consumer (or a designated third party, not the carrier) receives the device.
9.3 Exercise of Right: To exercise the right of withdrawal, the consumer must inform Us (MedGTechnik UG, [Insert Contact Details]) of their decision to withdraw by an unequivocal statement (e.g., letter, email). The consumer may use the model withdrawal form provided below but is not obliged to.
9.4 Return of Goods: The consumer must return the device to Us without undue delay and no later than 14 days from the day they notified Us of the withdrawal. The consumer bears the direct costs of returning the device.
9.5 Refund: Upon receipt of the returned device, We will refund all payments received, including standard delivery costs, within 14 days, using the same means of payment as the original transaction, unless otherwise agreed. We may withhold the refund until We have received the device or proof of its return.
9.6 Exclusions: The right of withdrawal does not apply to:
- Custom-made devices or devices tailored to the consumer’s specifications.
- Sealed medical devices (new or used) that are not suitable for return due to health protection or hygiene reasons if unsealed after delivery.
- Defective devices explicitly sold for spare parts, as their non-functional condition and purpose are clearly disclosed at purchase, rendering them unsuitable for return unless otherwise agreed.
9.7 Diminution in Value: The consumer is liable for any diminished value of the device (especially used or defective devices) resulting from handling beyond what is necessary to establish its nature, characteristics, and functioning. For defective devices sold for spare parts, any removal or alteration of components may result in a full loss of refund eligibility.
10. Warranty and Liability
10.1 Warranty for New Devices: New devices are warranted for defects in material or workmanship for a period of one (1) year from delivery, unless otherwise specified by the manufacturer. The warranty is limited to repair or replacement at Our discretion.
10.2 Warranty for Used and Defective Devices: Used and defective devices are sold without warranty unless explicitly agreed in writing. Any provided warranty is limited to the agreed scope. Defective devices labeled for spare parts are expressly excluded from any warranty.
10.3 Exclusions: Warranty claims are excluded for defects caused by improper use, maintenance, or modifications by the Buyer or third parties.
10.4 Liability Limitation: We are liable only for intent or gross negligence. Liability for slight negligence is excluded, except in cases of injury to life, body, or health, or breach of essential contractual obligations. In such cases, liability is limited to foreseeable, typical damages. We are not liable for indirect or consequential damages, including loss of profit.
10.5 The Buyer assumes all risks related to the use of defective devices purchased for spare parts, including ensuring compliance with safety and disposal regulations.
11. Compliance with Laws
11.1 All devices sold, rented, or repaired by Us comply with applicable European regulations at the time of sale or service, to the best of Our knowledge.
11.2 The Buyer is responsible for ensuring that the use, resale, or disposal of devices (especially defective devices) complies with all applicable local, national, and European laws, including waste disposal regulations (e.g., WEEE Directive 2012/19/EU).
11.3 The Buyer must ensure that devices are operated only by qualified personnel in accordance with manufacturer instructions and applicable regulations.
12. Governing Law and Jurisdiction
12.1 These T&Cs and all contracts are governed by the laws of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
12.2 The place of jurisdiction for all disputes is 48366 Laer, Germany, unless mandatory law provides otherwise (e.g., consumer protection laws requiring jurisdiction at the consumer’s residence).
13. Final Provisions
13.1 Should any provision of these T&Cs be or become invalid, the remaining provisions remain unaffected.
13.2 We reserve the right to amend these T&Cs with reasonable notice. Continued business after notification constitutes acceptance of the amended terms.
13.3 All communications under these T&Cs must be in writing (including email) unless otherwise stated.
Contact: For inquiries or to exercise your right of withdrawal, please contact MedGTechnik UG at info@medgtechnik.com.
Model Withdrawal Form:
(If you wish to withdraw from the contract, please complete and return this form.)
To: MedGTechnik UG, [Insert Address]
Email: [Insert Email]
I/We hereby give notice that I/We withdraw from my/our contract of sale for the following goods:
[Description of Goods, Order Number, Date Received]
Ordered on: [Date]
Name of Consumer(s):
Address of Consumer(s):
Signature of Consumer(s) (if sent on paper):
Date: