GENERAL TERMS AND CONDITIONS OF SALE AND SUPPLY

All our quotations, supplies and services are governed exclusively by our terms and conditions of business. These also apply to all future business with Physiotherm even if we make no further specific reference to this. Changes to these terms and conditions are valid only if they are confirmed in writing. Contradictory conditions of purchase are subordinate and are applied only if they have been expressly agreed. Verbal agreements are binding only if they are confirmed in writing.

Information on consumer law
These terms and conditions of business apply to consumers provided mandatory legal provisions do not oppose them.

1. Conclusion of the contract: the supplier’s written order confirmation is authoritative for the contract.
2. Delivery period:
the delivery period is subject to unforeseen impediments that are beyond the control of Physiotherm. In particular, Physiotherm is not liable for delivery delays resulting from force majeure and strikes. If these events prevent the contract from being performed on time, the delivery periods are extended as appropriate. Compensation claims or termination of the contract are therefore excluded in any case unless Physiotherm receives proof of gross negligence.
3. Transfer of risk:
the risk is transferred when the goods are handed over to the forwarding agent or carrier and when they leave Physiotherm’s warehouse at the latest. The goods are shipped at the risk and for the account of the buyer. Physiotherm is not liable for any loss or damage in transit. If the buyer requires transport insurance, he must indicate this when placing the order. In any case, however, Physiotherm is entitled to arrange transport insurance for the benefit of the buyer.
4. Changes:
we reserve the right to make technical, price and design changes in the interests of quality improvement.
5. Reservation of title:
notwithstanding the earlier transfer of risk, the goods supplied remain our property until payment of all our claims arising from the supply, plus any interest, expenses and costs. As a security, our customer hereby assigns to us his claim against third parties, if this occurs through re-sale, until all our claims against him are met. If there is a risk that third parties may gain access to Physiotherm’s property, the latter must be informed immediately. If a bailiff wishes to distrain the goods supplied, he must also be informed immediately of the retention of title, stating Physiotherm’s address.
6. Complaints, warranty:
the buyer must inspect consignments thoroughly as soon as they are received. Complaints on account of incomplete delivery or defects that have been discovered are valid only if made in writing and within three days of receipt of the delivery at the latest, otherwise the delivery is deemed to be accepted without reservation. In this case, the recipient waives guarantee and compensation claims in this respect.
If the complaint is justified, the initial options are repair or replacement. Initially, the choice is limited to any remedy which, in Physiotherm’s opinion, involves the least expenditure. The goods must be available on site for inspection.
7. Guarantee:
the function of the infrared rods is guaranteed for 8 years from purchase from the manufacturer or authorised sales partner.
The guarantee claim must be sent, in writing, enclosing the original invoice, to Physiotherm GmbH, A-6065 Thaur, Bert Köllenspergerstr. 1 (Tel.: +43/5223-54777, Internet: www.physiotherm.com).
In principle, all freight costs and any travel costs incurred through repair or replacement are debited to the buyer. Any parts replaced become the property of the supplier. The guarantee is excluded in the event of damage caused through incorrect installation or other incorrect handling or commissioning (e.g. over-voltage or the effects of chemicals).
Invoices for advance repairs by third parties are not accepted. The warranty terms are not affected by this guarantee promise.
8. Liability:
Any obligation on the part of Physiotherm to provide compensation is limited to gross negligence and malicious intent in so far as this is admissible by law.
9. Prices, conditions of payment:
prices apply ex Physiotherm works or warehouse, plus the statutory VAT, packing and freight costs and transport insurance. The purchase price, including the above-mentioned ancillary costs, is payable in advance on receipt of invoice, without any deduction, unless agreed otherwise in writing. (If, in an individual case, contrary to this arrangement, freight-free delivery has been agreed, Physiotherm will insure the delivery at its own expense.) If payment is delayed, statutory interest applies, but at a rate of at least five percent above base interest rate in the case of transactions with a consumer and 8 percent above base rate in the case of transactions with a businessman.
10. a) Consumer law in Austria:
if a buyer, who is the consumer, has not issued his contractual declaration either at the premises permanently used by the businessman for his business purposes or at a stand used by the latter for this purpose at a fair or market, he may withdraw from his contract application or from the contract. This withdrawal may be declared before the contract is concluded or up to a week later. The consumer is not entitled to withdraw if he himself initiated the business connection with the businessman or his authorised representative for the purpose of concluding this contract. Withdrawal must be declared in writing for it to be legally effective.
Conclusion of distance contracts: the consumer may withdraw from a contract concluded in this way or from a contractual statement issued distantly within the following period: the withdrawal period is seven working days, where Saturday does not count as a working day. It is sufficient for the withdrawal statement to be sent off within the period. In the case of contracts concerning the supply of goods, it starts on the date of receipt by the customer.
Consequences of withdrawal: if the customer withdraws, he must return the service received or, at Physiotherm’s discretion, make it available for collection. The customer must pay a reasonable charge for use, including compensation for the associated reduction in value. The customer pays the return delivery costs.
Return is excluded if the goods have been made according to the customer’s specification or were clearly made to suit his personal requirements.
b) Consumer law in Germany:
Right of withdrawal in the case of “door-to-door business” and distance consumer contracts: the consumer has a right to withdraw and is no longer bound to his declaration of will aimed at concluding the contract if he has withdrawn it in time. The withdrawal does not have to include any reasons and must be declared to Physiotherm in writing within two weeks. In the case of delivery of goods, the period does not start before the date of their receipt by the recipient.
Consequences of withdrawal: if the consumer withdraws, he must return the service received or, at Physiotherm’s discretion, make it available for collection. He must pay compensation for the reduction in value that has occurred through the use of the item as intended. The customer can avoid the compensation obligation by not damaging the product’s original packing, not installing or removing the product himself and not using the booth.
Withdrawal is excluded if the goods have been made according to the customer’s specification or were clearly made to suit his personal requirements.
11. Place of jurisdiction, final provisions, applicable law
The place of performance for supplies and payments is Physiotherm’s registered office in A-6065 Thaur. Innsbruck has been agreed as the exclusive place of jurisdiction. Austrian law applies exclusively, excluding the conflict of law rules. The application of UN purchase law is expressly excluded. The legal ineffectiveness of individual clauses in the contract does not release the contractual partners from the contract, but the ineffective clauses must be replaced accordingly.
12. Notesa) Health
The effects of our products and developments on health are checked carefully in close cooperation with independent doctors. With regard to queries and enquiries relating to matters of health, we take care to look into the individual information requirements of the person concerned. Nevertheless, we must point out in this connection that all information on our products and their effects is of a general nature and under no circumstances a substitute for individual medical advice, diagnosis or treatment for your individual condition or situation. Please consult your doctor for medical advice and treatment for your individual condition.
b) Data protection
The data required for processing the contract are processed electronically and, if necessary, may also be forwarded for administrative or customer care purposes to a Physiotherm company or partner.
13. Collection
A reminder charge of at least €20.00 plus VAT is agreed for each reminder made necessary by a delayed payment. Solicitors’ reminders are charged according to the solicitors’ tariff. The buyer is obliged during the life of the contract to declare any change of address and must pay all costs incurred through breach of this obligation.
14. Transfer right
The seller is entitled to transfer the rights and obligations arising from this contract to another company or third party. The seller is released from his obligations 4 weeks after notification of this legal successor in title provided that the buyer has not raised a justified objection in writing before then.