General Terms and Conditions of Business
1. Scope and validity
The General Terms and Conditions of THI Total Healthcare Innovation GmbH (hereinafter referred to as THI GmbH) are applicable in all cases in which the company concludes valid agreements or contracts for the provision of goods or services. The exclusion or limitation of the General Terms and Conditions must be in writing and shall apply only to the extent expressly limited. Unless otherwise agreed, the statutory provisions applicable to full merchants shall exclusively apply according to Austrian law, even in the case of execution of the order abroad. All contracts and agreements must be in writing. You shall only obtain liability if you have received a legal order confirmation from us and only within the scope indicated on the order confirmation. Offers are generally subject to change.
2. Performance and service provision
2.1 Subject of an order may be:
training for the use, maintenance or inspection of products of THI GmbH
the purchase and sale of medical-technical equipment, accessories and peripheral devices for medical-technical systems technical and organizational consulting in connection with the acquisition, sale, installation, removal or maintenance of medical-technical equipment and installations
2.2 THI GmbH is committed to the highest possible quality in service provision, as well as particularly in the provision of audit activities for compliance with applicable standards and regulations.
If, after placing the order or in the course of service provision, it should transpire that the execution of an order actually, legally or due to other provisions, is or has become impossible, the Customer undertakes to immediately notify THI GmbH. Should the Customer not change within a reasonable period the parameters for performance or create the conditions that make the performance possible, THI GmbH may reject performance and is entitled to invoice all costs and expenses, respectively any dismantling or also direct consequential costs.
Any arising defects which deviate from the specification of services agreed in writing shall be sufficiently documented and notified immediately to THI GmbH, which, in the case of a justified complaint, shall endeavor to correct the damage as soon as possible. If the Customer, despite demonstrable knowledge, fails to make such a notification, he may not hold THI GmbH liable for any consequential damages or financial disadvantages.
3. Prices and service charges
3.1 All prices shall be understood in Euro without value added tax.
3.2 Prices are valid only for the specific order and are ex business location. Any legal fees, contract fees or other expenses that we incur in direct connection with the provision of services shall be billed separately.
3.3 Costs for travel, per diem and overnight allowances are charged to the Customer after prior agreement according to the valid rates. Travelling time shall be deemed working time.
4. Delivery date
4.1. THI GmbH is committed to comply as accurately as possible with the agreed dates for service delivery and performance. It will try to take into consideration the Customer’s deadline requests wherever possible.
4.2. Unless specifically regulated by law, THI GmbH is not obliged to verify the information provided by the Customer for accuracy. If, due to incorrect information of the Customer at the time of commissioning, the purpose of a commission becomes invalid after the service has already been provided, the Customer is not freed of his obligation to pay, nor may he require renewed provision nor pass on to THI GmbH resulting disadvantages of any kind.
5.1 Invoices of THI GmbH shall be deemed recognized and approved if the Customer does not object in writing within 14 days after receipt, stating the reason for the objection.
5.2 Invoices issued by THI GmbH shall be settled free of charges, in accordance with the terms stated on the invoice. For partial invoices, the payment terms agreed for the complete order shall apply mutatis mutandis.
5.3 In the event of orders whose performance extends over a longer period, or orders consisting of several units, THI GmbH is entitled to issue an invoice after provision of each unit or service.
5.4 In case of default of payment, the Customer shall pay a surcharge added to the invoice amount for default interests in accordance with commercial law, as well as a reminder charge for the extra expenses incurred to collect the claim.
5.5 Compliance with the agreed terms of payment is an essential condition for the implementation of delivery or performance of contract by THI GmbH. For orders or contracts that comprise services/deliveries that recur or are performed over a period of time, THI GmbH shall be freed from performance obligation if the Customer does not comply with the payment agreement and has not observed the payment terms despite at least two written reminders. In this case, the Customer shall not hold THI GmbH liable for any consequential damages or financial losses.
5.6 The Customer is not entitled to hold back payments due to guarantee and warranty claims or complaints.
5.7 The goods remain property of THI GmbH until full payment of the purchase price and all costs and expenses. Resale is only permitted if THI GmbH is notified well in advance, stating the name or business name and exact address of the purchaser, and it approves the sale. In case of approval, the purchase price claim shall be deemed assigned to THI GmbH and the latter is entitled to notify the third-party debtor of the assignment at any time. In case of default in payment, THI GmbH is entitled to enforce their rights of reservation of title and to collect the goods at the expense of the Customer.
5.8 The Customer is prohibited from offsetting claims of whatsoever nature against claims of THI GmbH. Excluded from this prohibition are claims which were established by court order or result from a written settlement or written acknowledgement.
6. Right of withdrawal
6.1 If an agreed delivery date is exceeded due solely to the fault of THI GmbH, the Customer is entitled to cancel the order by means of a registered letter, if the agreed service has not been provided within a reasonable period of grace.
6.2 Force majeure, industrial disputes, natural disasters or other circumstances that are beyond the control of THI GmbH shall release THI GmbH from its obligation to perform or shall entitle it to redetermine the delivery time.
6.3 Cancellations are possible only with the consent of THI GmbH. If THI GmbH agrees to a cancellation, it has the right to charge, alongside services already rendered, accrued expenses and a cancellation fee in the amount of 30% of the unsettled order value. If the order concerns immaterial services for which advance payment has been agreed, and if the Customer has already made this payment, the latter is also not entitled to reclaim the services already performed, accrued costs or cancellation fees exceeding the amount of payment.
7. Guarantee, warranty, maintenance, modification
7.1 THI GmbH grants the warranty periods explicitly stated in the user manuals. The warranty begins on the date of delivery to the Customer. Product-specific guarantee, warranty and maintenance conditions are laid down in the respective manuals for the products.
7.2 No warranty is granted for activities and verification in the course of quality control, unless the Customer proves that THI GmbH has violated applicable standards or measurement techniques, or is unable to provide the required documentation as a confirmation of the implementation of quality control.
7.3 In the case of warranty, improvement always takes precedence over price reduction or conversion. In the case of justified complaints, the deficiencies shall be corrected within a reasonable period, whereby the Customer shall enable THI GmbH to take all measures required for the inspection/repair.
7.4 Reversal of evidence, i.e. the obligation of THI GmbH to prove its innocence regarding the deficiency, is generally excluded.
7.5 THI GmbH assumes no warranty or liability for errors or defects caused by interventions or due to changes in the operating parameters and operational settings of the product by the Customer or by third parties (see individual product manual). Cost for assistance, troubleshooting as well as malfunction and fault elimination which has been caused by the Customer shall be performed by THI GmbH only against a separate charge.
7.6 THI GmbH also assumes no responsibility or liability for errors, malfunctions or damage due to improper use, abnormal conditions of operation or transport damage caused.
7.7 As far as the subject of the contract includes the rebuilding and upgrading or modification of existing equipment or facilities, the warranty applies only to the amended or supplemented components, unless gross negligence of THI GmbH can be proved.
8.1 Any claims for compensation that contract parties or third parties bring against THI GmbH under the title “Product Liability” within the meaning of the Product Liability Act are excluded, unless the claimant proves that the error was caused in the sphere of responsibility of THI GmbH and was caused at least by gross negligence.
9. Data protection and confidentiality
9.1 THI GmbH commits itself and its employees to comply with the provisions of § 15 of the Data Protection Act.
9.2 Plans, sketches, cost estimates and other documents such as brochures, catalogues, samples, presentations and the like remain the intellectual property of THI GmbH. Any use, in particular transfer, reproduction, disclosure, and provision, including the reproduction of excerpts, require its explicit consent.
10. Loyalty, copyrights and intellectual property
10.1 The parties commit themselves to mutual loyalty. This concerns in particular the utilization of company-specific information that is accessible in connection with contract performance and service provision, having an adverse effect on a contract party, the commercial or free distribution of intellectual property of any kind by one of the contract parties, the initiation of business relationships with the goal of undercutting and damaging supplier relations and conditions, as well as to directly or indirectly recruit, within a period of 12 months, employees who are entrusted with the provision of services in the course of the business relationship.
10.2 THI GmbH is entitled in the course of service provision to take all permissible measures to protect know-how and intellectual property as well as specific procedures or knowledge of their company vis-a-vis the Customer or third parties, unless the communication of such information is explicitly part of the contract, or statutory provisions make the transfer or disclosure compulsory.
11. Miscellaneous provisions
11.1 Should individual provisions or parts of provisions of these General Terms and Conditions be or become invalid, the validity of the remaining terms and conditions shall not be affected. The contract parties shall work together cooperatively to find a provision that comes as close as possible to the ineffective provision.
12. Final provisions
12.1 Unless otherwise agreed, the statutory provisions applicable to full merchants shall exclusively apply according to Austrian law, even in the case of execution of the order abroad. In case of dispute, it is agreed that the local jurisdiction shall be exclusively that of the responsible court at the place of business of THI GmbH. For contracts with consumers, in accordance with the Consumer Protection Act, the above provisions apply only to the extent that the Consumer Protection Act does not prescribe any other regulations.
Terms and Conditions of Use
Agreement to the Terms and Conditions of Use
By accessing and using this website you recognize as binding the following Terms and Conditions of Use, as well as any other referenced provisions. If you do not wish to agree to these Terms and Conditions of Use, please do not continue to use this website.Special conditions may apply to specific content, products, materials, services or information that are contained on this website or made available through this website. Such special conditions may apply in addition to these Terms and Conditions of Use or replace them, insofar as expressly stated. These Terms and Conditions of Use are subject to the laws of Austria to the exclusion of UN commercial law. The place of venue for any disputes arising out of or in connection with the use of this website is Klagenfurt.
Amendment of Terms and Conditions of Use
These Terms and Conditions of Use can be changed by THI GmbH at any time and without notice. The changed Terms and Conditions of Use shall be effective upon publication on the website. Therefore, please check regularly the Terms and Conditions of Use published on this website, to make sure that you are familiar with all current conditions for the use of this website. Furthermore, THI GmbH is entitled to restrict access to the website at its discretion, or even completely rule it out.
General Terms and Conditions of Use
THI GmbH assumes no responsibility for the suitability of the site for specific purposes, its proper functioning or its content. The content is provided “as is” and “as available”. Despite all the care taken in creating the website, THI GmbH assumes no responsibility for the accuracy of the content. It also assumes no liability for the security of this site, unless it has especially indicated the encryption of certain areas.
The user is aware that the possibility cannot be excluded that information sent may be intercepted by unauthorized parties. THI GmbH does not warrant that the website or the servers that make this website available are free of viruses or other harmful elements; the same applies to electronic messages sent by THI GmbH (e.g. emails). THI GmbH therefore assumes no liability for damages of any kind, especially consequential damage. Liability is also excluded if THI GmbH has been advised in advance of the possibility of such damages.
This website may contain links to other websites which are not subject to the control of THI GmbH. THI GmbH is not responsible for the content of such websites nor does the existence of such links mean that the content of such websites, which may be subject to frequent changes without notice, is endorsed or approved. Rather, the creation of such references (links) is to be regarded as a courtesy.
Copyright and other proprietary laws relating to the content (especially of software, audio and video elements, texts, forms and pictures) rest with THI GmbH or its licensors. All rights relating to the content remain with THI GmbH. Unless otherwise provided, the content published on this website may be used in unmodified form for private purposes. Any other use without the consent of THI GmbH is strictly prohibited and may result in criminal prosecution. All copyright and other proprietary notices shall be retained on all reproductions (copies). Material or information you send in connection with this website will be treated as non-confidential and freely available; after sending, they are the property of THI GmbH. THI GmbH may use and utilize this material worldwide, unlimitedly, free of charges, free of third party rights and moral rights of the author. Softwar that is made available through this Website for downloading is subjet to the relevant provisions mentioned. Unless specified there otherwise, the software may be used by end unsers only. Copying, reproduction or redistribution is expressly prohibited. Warranties on the software are assumed only if expressly provided for in the applicable license terms. For questions or complaints, please contact us at: THI Total Healthcare Innovation GmbH, Gewerbestraße 4, 9181 Feistritz im Rosental, Austria, T:+43 4228 30100