General. ARCHIMED Life Science GmbH is pleased for your interest in our portfolio and information, services and products provided by our website. We take the protection of your personal data very seriously and strictly according to current Austrian privacy act ( www.ris.bka.gv.at). (Anwendbare Rechtsvorschriften und Zugang: www.ris.bka.gv.at).
Data privacy terms. Data are collected on the website only to the extent technically necessary. May data such as non-personal data (your internet service provider, the website from which you contact us, the pages that you visit on our site and what you click on any given page) will be recognized. This information will be automatically evaluated for statistical and performance purposes only in accordance with all applicable national data protection laws.
Personal data. Personal information (including name and e-mail address etc.) is only collected by us if you actively and voluntarily submit such data, e.g. when sending/registering for e-mail services or web comments. ARCHIMED Life Science GmbH is the data controller of the personal data you provide as part of a registration or service request and we hold full responsibility for the safety of your personal data and the compliance with the applicable data protection legislation. Your data will not be further processed for either advertising or market research purposes without your express consent. No data will be forwarded to third parties unless such a party is an affiliate of ours, and such data is required for the provision of the requested access or services, based on your consent or otherwise permitted by statutory data privacy laws (including processing by carefully selected and supervised service providers based on commissioned data processing in accordance with the Austrian Privacy Act (www.ris.bka.gv.at)
Data security. ARCHIMED Life Science GmbH and its service providers use substantial technical and organizational security measures in order to protect your personal data against accidental or unlawful destruction, loss or alteration and against unauthorized disclosure or access.
Limited purposes. Any personal information received through the website will be used in a limited way to enable the provision of access or services as requested by you allowing us to respond to your request, process the respective service or allow the requested access to specific or individualized information, including any additional purposes directly related to the requested task, the legal relationship to you, for regulatory or judicial purposes or otherwise required by law and to prevent fraud or other illegal activities including IT system attacks.
Deletion of data. In the event your access or service request has been terminated or is no longer required for the respective purpose, your data will be deleted as required by statutory data privacy laws and subject to statutory data retention requirements. You may request the deletion of your personal data at any time.
External links. You may find external links on our website directing you to sites maintained by third parties. ARCHIMED Life Science GmbH has no influence whatsoever on the privacy practice, content or the design of the web pages provided by such third parties.
Privacy statement update. ARCHIMED Life Science GmbH reserves the right to modify or amend this Privacy statement from time to time in accordance with statutory data protection requirements. Any relevant updates will be posted on the website or sent to you by e-mail for your review.
Contacts. If you have any queries, concerns or further issues pertaining to data protection, please do not hesitate to send us and email to:email@example.com
Disclaimer. The content of this website does not constitute the provision of investment, legal or tax advice. Any views expressed reflect the current views of the author, which do not necessarily correspond to the opinions of ARCHIMED Life Science GmbH or its affiliates. Opinions expressed may change without notice. Opinions expressed may differ from views set out in other documents or papers or applications or certificates, published by or with consent of ARCHIMED Life Science GmbH. No warranty or representation is made as to the correctness, completeness and accuracy of the information given and contained on this website.
Use of our website. All contents of ARCHIMED Life Science GmbH website are copyright protected. The use of any information or data requires the prior written consent of ARCHIMED Life Science. You must comply with existing intellectual property rights and any applicable usage terms and conditions in case you intend to use any published content of this website. Any quotes or excerpts from published content are permitted for private or non-commercial use subject to reference to the source ” ARCHIMED Life Science “.
Urheberrecht. Jede über die Nutzung zu Informationszwecken hinausgehende Verwertung der auf dieser Website befindlichen Informationen (Texte und Bilder) ist unzulässig und stellt einen Verstoß gegen das Urheberrecht dar. Jedwede Verwendung wird nach geltendem Recht unter Ausschöpfung des Rechtsweges verfolgt.
Haftungsausschluß. Die auf dieser Website aufgeführten medizinischen Informationen und Beschreibungen können nicht die Befundbesprechung mit dem behandelnden Arzt ersetzen. Bei Rückfragen konsultieren sie bitte ihren Arzt/Ärztin. Trotz gewissenhafter Recherche können wir die Richtigkeit der Angaben nicht mit letzter Sicherheit garantieren. Es obliegt dem Leser, die Angaben durch geeignete Quellen (z. B. durch Beipackzettel, Fachliteratur oder individuelle Beratung durch einen Facharzt) zu verifizieren, insbesondere falls therapeutische Konsequenzen anstehen. Wir weisen nachdrücklich darauf hin, dass hierzu keine Haftung seitens ARCHIMED Life Science GmbH übernommen wird.
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General terms and conditions
In the absence of any additional written agreement, these Terms and Conditions are the only Terms and Conditions governing transactions between ARCHIMED Life Science GmbH and its partner. Any alternative terms or conditions proposed by the partner shall not apply unless expressly agreed in writing by ARCHIMED Life Science GmbH. This particularly applies to the partner’s order and purchase terms and conditions if they conflict with these terms or exclude specific terms. Product delivery terms apply to services accordingly.
- Conclusion of Contract
The contract is deemed to be concluded when ARCHIMED Life Science GmbH provides written confirmation of the order to the partner after receipt of order. The order is binding on the partner. Any contract modifications or amendments are invalid unless confirmed by ARCHIMED Life Science GmbH in writing.
Prices are quoted ex-works at Leberstrasse 20/2, 1110 Vienna, Austria, Europe, exclusive of VAT. Prices are based on current material and labor costs. Should these costs change, a surcharge on the prices may be made.
Any delivery dates, unless otherwise expressly confirmed in writing, are given as estimates and are subject to change. Compliance with (confirmed) delivery dates by ARCHIMED Life Science GmbH requires the partner’s timely provision of appropriate documentation or material, particularly samples. Deliveries are conditional on the partner accepting a margin of 10 percent on over or under-delivery unless otherwise agreed in writing. ARCHIMED Life Science GmbH reserves the right to make and charge part or advance deliveries. Delivery terms are subject to the occurrence of events beyond reasonable control due to force majeure (armed conflict, official interference or restriction on resources, delay in transportation and customs clearance, traffic hold-up, breakdown of machinery, lack of material and energy, labor difficulties and delayed delivery by suppliers. Lack of material particularly includes non-delivery, delayed delivery or poor quality of the materials required by ARCHIMED Life Science GmbH to complete the order. If any of the above circumstances arise, ARCHIMED Life Science GmbH shall be entitled to extend the delivery date according to the extent and duration of these circumstances and their consequences, without allowing the partner to terminate the contract or claim for damages.
If ARCHIMED Life Science GmbH fails to comply with the delivery terms, the partner may terminate the contract only if a reasonable notice of at least two weeks is given to remedy the breach, and only if ARCHIMED Life Science GmbH is accused of a willful or grossly negligent breach.
Delivery, regardless of the type of shipping, is deemed to be successful when the products leave the premises at Leberstrasse 20/2, 1110 Vienna, Austria, Europe. If, without negligence on the part of ARCHIMED Life Science GmbH, delivery of products ready for shipping is not possible or not desired by the partner, the products can be stored at the partner’s cost and risk, and delivery shall then be deemed as performed. The agreed payment conditions shall remain unaffected.
- Transfer of Risk a) Shipment of the product/service is at the risk of the partner at all times, regardless of the price agreed upon and even if ARCHIMED Life Science GmbH conducts or organizes the shipment.
b) If shipment from the premises of ARCHIMED Life Science GmbH at Leberstrasse 20/2, 1110 Vienna, Austria, Europe, is delayed for reasons ARCHIMED Life Science GmbH is not responsible for, the risk shall pass to the partner from the date the partner is notified that the product is ready for delivery.
Payment of the invoice, unless otherwise agreed, is due in full within 30 days from the invoice date. If payment of the price is not made by the due date, ARCHIMED Life Science GmbH shall be entitled to charge default interest at a rate of 5% above the bank rate. In the event of overdue payment, the partner undertakes to pay a surcharge of € 5 (excluding postage) per reminder as well as the collection agency costs at the rate according to the current regulation. Bills of exchange are accepted only by special arrangement. Collection and discount fees shall be charged to the partner.
The partner is not entitled to withhold or offset payments on the grounds of warranty claims, damage claims or any other counterclaims. ARCHIMED Life Science GmbH accepts checks and bills of exchange only by special arrangement and only for purposes of payment. Collection and discount charges shall be charged to the partner and settled by the partner after notification by ARCHIMED Life Science GmbH without further delay. ARCHIMED Life Science GmbH reserves the right to offset any money held against invoices outstanding. Incoming payments shall first be credited to the interest and then the principal; older arrears shall be paid before the more recent ones. If the partner is in arrears with payment or any other contractual obligation, with or without negligence, ARCHIMED Life Science GmbH may either insist on the fulfillment of the contract and a) postpone the fulfillment of its own obligations until such payments or obligations have been performed by the partner, b) recover the total outstanding amount (payable immediately) and, c) when due, charge default interest at a rate of 10% above the bank rate or terminate the contract without prejudice to any claims for damages after giving a reasonable period of notice.
- Payment Conditions
Additionally, ARCHIMED Life Science GmbH reserves the right to terminate the contract a) if the partner’s ability to pay is in doubt and if the partner, upon the demand of ARCHIMED Life Science GmbH, does not make an advance payment or, before delivery, provide a security which is deemed suitable by ARCHIMED Life Science GmbH, b) without further notice if any bankruptcy proceeding is started against the partner. Additionally, if bankruptcy proceedings are taken against the partner or if the partner discontinues payment, all overdue accounts shall be due immediately. ARCHIMED Life Science GmbH may also terminate the contract for the reasons specified above in the case of incomplete delivery. In the event of termination by ARCHIMED Life Science GmbH, without prejudice to any claims for damages by ARCHIMED Life Science GmbH, services (or part thereof) already performed shall be settled and paid according to contract. However, ARCHIMED Life Science GmbH reserves the right to reclaim products/services already delivered.
- Reservation of Title
The services delivered to the partner by ARCHIMED Life Science GmbH remain the sole property of ARCHIMED Life Science GmbH until the purchase price is effected in full and until all bills of exchange or checks have been cashed, including interests and costs involved in their collection. This right is reserved as long as ARCHIMED Life Science GmbH has any claims against the partner resulting from other deliveries.
Techniques and methods developed by ARCHIMED Life Science GmbH may not be disclosed to third parties unless otherwise agreed in writing. The partner may not exploit for any commercial purpose the know-how in connection with the services delivered by ARCHIMED Life Science GmbH unless otherwise agreed in writing. In the event of non-compliance, ARCHIMED Life Science GmbH reserves the right to impose a penalty (which may not be reduced at a judge’s discretion) of € 20,000 per breach as well as a premium for the disclosure of the know-how which is the intellectual property of ARCHIMED Life Science GmbH. However, ARCHIMED Life Science GmbH reserves the right to claim for additional damages.
If the partner complies with payment and other obligations towards ARCHIMED Life Science GmbH, ARCHIMED Life Science GmbH shall, according to the delivery terms, warrant the ordered services within the provisions underlying the legal transaction and the service properties described therein. Consumables shall be excluded from warranty. Warranty claims can only be asserted if the partner provides written notification and proof of visible defects immediately after acceptance, and of invisible defects within three days after the defects were discovered. The warranty lasts for 6 months at most and starts at the time of risk transfer. ARCHIMED Life Science GmbH shall also be liable for services obtained from subcontractors, but only within the warranty period given by the subcontractors and only in the way that the warranty claims against the subcontractors are assigned to ARCHIMED Life Science GmbH upon request. Materials provided by the partner shall be delivered to ARCHIMED Life Science GmbH, Leberstrasse 20/2, 1110 Vienna, Austria, Europe, at no cost to ARCHIMED Life Science GmbH. Any shipping or delivery fees shall be charged to the partner. The partner shall be liable for all provided materials.
The partner shall bear the burden of proof for the defects of the contractually secured services. A warranty claim shall be limited to repairing or replacing the delivered service and shall in any event be limited to the invoice value of the delivered and defective item. Further claims against ARCHIMED Life Science GmbH by the partner, particularly claims for direct or indirect consequential damage, are excluded. ARCHIMED Life Science GmbH shall cover the shipping expenses and the travel expenses of the personnel of ARCHIMED Life Science GmbH that may be incurred in order to repair or replace the defective items. ARCHIMED Life Science GmbH reserves the right to perform the warranty work at the partner’s premises. Services replaced during the warranty period shall become the property of ARCHIMED Life Science GmbH. Defects resulting from negligence or misuse of the service by the partner or third parties are excluded from warranty. ARCHIMED Life Science GmbH shall not be liable for damages caused by third parties. Additionally, reasonable wear and tear of the service or usual variations in the extent and/or quality of the delivered service shall not constitute a defect or non-compliance with the contract. Warranty is void if, without the written consent of ARCHIMED Life Science GmbH, any attempt to repair the delivered services by the partner or an unauthorized third party has been made. Invoices for such repairs shall not be accepted. The original warranty period shall not be extended by any repair or replacement. Recommendations made by employees or representatives of ARCHIMED Life Science GmbH regarding the use of the delivered service are non-binding and offered as a guideline only. The partner carries the risk as to whether the delivered service in a given case is suitable for its purpose. Thus, no warranty is made as to the applicability in a given case.
Any claims for damages against ARCHIMED Life Science GmbH are excluded unless the damage results from gross negligence or willful misconduct of ARCHIMED Life Science GmbH. Gross negligence does not include mere ordinary negligence; gross negligence is any act or failure to act which is in reckless disregard of harmful consequences which ARCHIMED Life Science GmbH knew or should have known could result from such act or failure to act. The liability of ARCHIMED Life Science GmbH shall in any case be limited to direct damage to the delivery. ARCHIMED Life Science GmbH cannot be held liable for damages to persons, for damages to goods that are not part of the contract, for loss of profit as well as for any consequential damages.
- Intellectual Property Rights
ARCHIMED Life Science GmbH assumes no liability in the event of the goods infringing any third- party rights such as patent, copyright or trademark. The partner shall indemnify ARCHIMED Life Science GmbH against any third-party claims. To avoid infringement of intellectual property rights, particularly patent or trademark rights, the partner may not export the goods of ARCHIMED Life Science GmbH to third countries. The contents of this document as well as all technical studies are the intellectual property of ARCHIMED Life Science GmbH. No part of this document may be transmitted or disclosed in any form. Any form of reproduction (photocopy, print, microfilm and other methods), copying, processing, modification or dissemination through electronic media requires the written consent of ARCHIMED Life Science GmbH. If new intellectual property rights are created during a project, ARCHIMED Life Science GmbH shall exclusively own them and can claim them for itself and register them, unless otherwise agreed in writing. The partner shall have the right of use of the results created for it only within its company and under this contract. All rights reserved.
- Final Provisions
All messages, notifications, reminders, deadlines, notices of defects and other legal declarations between ARCHIMED Life Science GmbH and the partner must be made in writing. Place of delivery and payment shall be the headquarters of ARCHIMED Life Science GmbH, even when delivery of the service is made at a different place, according to the agreement. All legal relationships arising from transactions between ARCHIMED Life Science GmbH and the partner shall be exclusively governed by Austrian law, excluding the principles of conflict of laws, as expressly agreed between the parties. Any litigation arising directly or indirectly out of delivery and/or services provided by ARCHIMED Life Science GmbH shall be pursued by the court competent for the subject matter in Vienna, Austria, Europe. However, ARCHIMED Life Science GmbH reserves the right to apply to any competent court.