General Terms and Conditions
Lysis Healthcare GmbH
Grillweg 24 | 8053 Graz
By accepting our offer, you agree to our delivery and payment terms.
- Validity
The following provisions exclusively apply to all legal transactions with Lysis Healthcare GmbH. Amendments, supplements, oral agreements, or differing conditions of the buyer are only valid after prior written confirmation by Lysis Healthcare GmbH. - Offers
Offers from Lysis Healthcare GmbH are non-binding. Model changes are reserved, provided they do not affect the fundamental properties of the ordered products.
Illustrations and information in catalogs and brochures are for approximate guidance only and are not guaranteed properties.
Lysis Healthcare GmbH retains full ownership and copyright of all documents provided to the buyer (estimates, specifications, drawings, illustrations, etc.). These must not be made available to third parties. All documents may be requested back at any time and must be returned immediately if the order is placed elsewhere.
Orders are considered accepted only after written confirmation by Lysis Healthcare GmbH. If the buyer does not raise objections within two weeks of receiving the order confirmation, the text of the confirmation is considered binding. Changes require written reconfirmation by Lysis Healthcare GmbH. - Prices
Prices are exclusive of packaging, insurance, and VAT unless explicitly agreed otherwise.
Delivery and shipping terms are ex Graz, with freight costs invoiced separately.
For the delivery of repairs and spare parts, shipping or delivery costs are charged. - Delivery Times, Force Majeure, Transfer of Risk
Delivery times will be adhered to as far as possible. Lysis Healthcare GmbH is entitled to make partial deliveries.
In cases of force majeure, Lysis Healthcare GmbH is entitled to postpone deliveries for the duration of the hindrance or to withdraw from the contract entirely or partially. Force majeure includes all circumstances, including those at suppliers, that significantly impede or make delivery impossible.
If a delivery date is explicitly confirmed in writing as binding, Lysis Healthcare GmbH is only in default if the agreed grace period, which is half of the originally agreed delivery period but at least four weeks, is exceeded. Claims for damages due to delivery delays are excluded in all cases.
Risk transfers to the buyer in all cases upon dispatch of the goods. - Buyer's Default of Acceptance
If the buyer refuses to accept the goods, Lysis Healthcare GmbH may either withdraw from the contract after a four-week grace period or the buyer must pay a lump-sum compensation of 20% of the purchase price for non-performance. No grace period is required for transactions with a specifically agreed or confirmed deadline.
Instead of exercising rights under Section 5.1, Lysis Healthcare GmbH may dispose of the goods elsewhere after the lapse of a reasonable grace period and deliver to the buyer within an appropriately extended deadline.
If a delay is caused or requested by the buyer (including construction-related delays), risk passes to the buyer on the date of notification of shipping readiness. Lysis Healthcare GmbH is entitled to invoice the total amount at this point, with payment terms starting from the invoice date. - Payments
Unless otherwise agreed, payments must be made within seven calendar days of the invoice date. In the case of multiple unpaid invoices, Lysis Healthcare GmbH determines which debt is settled first by incoming payments. Discount entitlements are excluded for due receivables from Lysis Healthcare GmbH. Offsetting claims by the buyer is not permitted.
Repair invoices are due immediately without deduction of discounts.
Payments are deemed made only upon unconditional crediting to the account of Lysis Healthcare GmbH.
The buyer is not entitled to withhold or offset payments due to warranty claims or other counterclaims. - Cancellation and Returns
Order cancellations by the buyer must be in writing. A cancellation fee of 30% of the net order value is immediately due.
Returns of spare, wear, replacement parts, or other consumables by the buyer are only permitted with prior agreement. For returns within 14 calendar days of receipt at Lysis Healthcare GmbH, an administrative fee of 30% of the net goods value is payable immediately. Returns beyond 14 days are not accepted, and payment of the original invoice is mandatory. - Payment Default
If the buyer fails to meet payment obligations or if there are justified doubts about their creditworthiness, all claims by Lysis Healthcare GmbH, including those from bills of exchange or checks, become due immediately. In such cases, Lysis Healthcare GmbH may repossess goods subject to retention of title and assert all rights under Section 9. Exercising these rights does not constitute withdrawal from the purchase contract unless otherwise declared by Lysis Healthcare GmbH.
From the point of default, or from maturity in reciprocal commercial transactions, Lysis Healthcare GmbH may charge default interest at 9% above the prevailing interest rate of an Austrian bank. - Retention of Title
The delivered goods remain the property of Lysis Healthcare GmbH until full payment of all claims.
The buyer assigns all claims from the resale or sublease of goods, including all ancillary rights, to Lysis Healthcare GmbH. The buyer may collect assigned claims until revoked but may not otherwise dispose of them.
Upon request, the buyer must provide Lysis Healthcare GmbH with a list of goods subject to retention of title, assigned claims, debtors' names and addresses, and claim amounts. Assignments under extended retention of title to other suppliers only become effective when the current retention of title expires. - Assembly and Commissioning
Assembly and commissioning are carried out by the seller. Costs for installation, setup, instruction, and commissioning of goods are billed separately as agreed. Construction-related installation and craftwork are the buyer's responsibility. - Warranty
Lysis Healthcare GmbH provides a warranty for demonstrable manufacturing or material defects by replacing or repairing unusable or significantly impaired parts at its discretion. Replaced parts become the property of Lysis Healthcare GmbH.
The warranty period is 12 months from the invoice date. For systems valued above EUR 25,000.00 (excluding VAT), the warranty period begins with installation and commissioning. It is not extended by defect occurrences or remedies. Warranty for third-party products adheres to the third-party supplier's terms. No warranty is provided for replacement or spare parts.
Any defects must be reported by the buyer immediately in writing, stating the invoice date, item, and serial numbers of the defective part.
In cases where Lysis Healthcare GmbH cannot fulfill warranty claims within a reasonable period or if guaranteed properties are missing, the buyer may request an appropriate price reduction or withdraw from the contract but cannot claim damages.
Ausgeschlossen sind Gewährleistungsansprüche für Schäden durch den Transport oder durch unsachgemäße Behandlung und Bedienung; bei Eingriffen durch nicht von Lysis Healthcare GmbH autorisierte Stellen und bei Verwendung nicht von Lysis Healthcare GmbH bezogener oder sonst geeigneter Teile und Verbrauchsmaterialien; - Consumables like printer paper or ultrasound gel
- Spare parts or exchange parts
- on used parts unless agreed in written
- The warranty for OEM deliveries is agreed on a case-by-case basis.
- Further claims, regardless of their legal basis, are excluded unless intentional or grossly negligent actions by senior employees of Lysis Healthcare GmbH are proven.
- Liability
Claims for damages, regardless of their nature or legal basis, are excluded except in cases of intent or gross negligence by Lysis Healthcare GmbH's legal representatives or senior employees. - Software
The buyer receives a non-exclusive, non-transferable right to use the software internally with the delivered products. All copyrights remain with Lysis Healthcare GmbH or licensors. Programs must not be disclosed to third parties or copied. - Non-Assignment Clause
The buyer’s rights from transactions with Lysis Healthcare GmbH are non-transferable. - General
All claims by the buyer, including tortious claims, expire six months after the transfer of risk.
If any provision of these terms is invalid, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced with a regulation that closely approximates the economic purpose of the invalid provision.
All disputes arising from a contractual relationship with Lysis Healthcare GmbH that cannot be resolved amicably shall be decided by the competent court for Lysis Healthcare GmbH. Austrian substantive law applies. The language of the proceedings is German.