1. Scope of application

These General Terms and Conditions apply to all deliveries and services provided by Medivora GmbH to entrepreneurs within the meaning of § 1 UGB (Austria) and § 14 BGB (Germany).

Sales to consumers do not take place.

Deviating terms of the customer shall only apply if expressly agreed to in writing.

2. Conclusion of contract

Offers from Medivora GmbH are subject to change and non-binding.

A contract is only concluded upon written order confirmation or delivery.

3. Prices and payment terms

All prices are net prices plus applicable statutory VAT.

Unless otherwise agreed:

• Payment term: 14 days net
• Default occurs automatically upon due date
• Default interest pursuant to § 456 UGB or § 288 BGB

The right to claim further damages caused by default remains reserved.

4. Delivery and transfer of risk

Deliveries are made ex warehouse Austria.

The risk passes to the customer upon handover to the transport company.

Partial deliveries are permitted.

5. Retention of title

The delivered goods remain the property of Medivora GmbH until full payment of all claims has been received.

Resale is only permitted in the ordinary course of business.

6. Warranty

The statutory warranty provisions apply with the following limitations:

• Obvious defects must be reported in writing within 7 days.
• Hidden defects must be reported immediately upon discovery.
• The warranty period is 12 months from delivery.

7. Liability

The liability of Medivora GmbH is limited to intent and gross negligence, except in cases of personal injury.

No liability is assumed for slight negligence, except in the case of a breach of essential contractual obligations.

Liability is limited in amount to the typically foreseeable damage.

Die Haftung nach dem Produkthaftungsgesetz bleibt unberührt.

8. Medical device regulatory provisions

The customer undertakes to use and distribute medical devices exclusively in compliance with applicable legal regulations.

Transfer to unauthorized third parties is not permitted.

The customer undertakes to cooperate in:

• Recalls
• Safety corrective actions
• Market surveillance measures

9. Recall and safety measures

In the event of official or safety-related measures, the customer undertakes to cooperate without delay

Documentation and traceability obligations must be complied with.

10. Data protection

The processing of personal data is carried out in accordance with the privacy policy of Medivora GmbH.

11. Place of jurisdiction and applicable law

The processing of personal data is carried out in accordance with the privacy policy of Medivora GmbH.

The place of jurisdiction is Vienna.