General Terms and Conditions of Business

1. APPLICATION OF TERMS
The present General Terms and Conditions of Business and Delivery (hereinafter "GTC") govern the contractual relationship between MEDICAL Nutrition Technology GmbH (hereinafter "MNT GmbH") and its customers.
The customer acknowledges the relevance of the terms and conditions with each task of an order or any other contract with MNT GmbH. Changes or additions to the terms and conditions are only valid if they are agreed in text-verifiable form (in writing, by e-mail or fax, etc., hereinafter "in writing").
MNT GmbH reserves the right to change the terms and conditions at any time. For the legal relationship between the customer and the customer, the general terms and conditions announced at the time of the order are decisive.

2. ORDERS
Deviations from the published offer of MNT GmbH or other special agreements are only valid if they are confirmed in writing by MNT GmbH. With a corresponding written request, the customer may at any time block electronic commerce. Deliveries are made exclusively within Switzerland and the Principality of Liechtenstein.

3. DELIVERY TIME
All items listed on the website can usually be delivered from stock. If this is not possible for once (hereinafter referred to as "backlog"), they will be delivered to MNT GmbH immediately upon receipt. When ordering goods that are not kept in stock, the delivery times of the manufacturer must be considered. Exceeding the delivery date does not entitle to withdraw from the order.

4. PRICES AND PAYMENT TERMS
MNT GmbH reserves the right to change prices on items in their catalogs and price lists as well as on services or services. Unless other terms of payment are noted on the invoice or otherwise agreed in writing, the invoice amounts are payable within 30 days of the invoice date without any deduction. After expiry of the term of payment default interest at 5% pa is due.
For partially covering their dunning and collection costs, MNT GmbH will charge CHF 10.- plus shipping costs per reminder.

5. SHIPPING, POSTAGE, PACKING
The type of shipping is at the option of MNT GmbH. For shipments under CHF 300.- net value of goods, the customer will be charged a flat rate for postage and packaging. If an order is divided into several shipments for technical or logistical reasons (eg backlog), MNT GmbH only charges the shipping costs once. MNT GmbH reserves the right to ship goods by cash on delivery.

6. COMPLAINTS
The customer is obliged to inspect the goods immediately upon receipt and to notify any defects in writing within 5 days of receipt. Unused expiry of this period, the goods are considered approved.

7. WARRANTY AND LIABILITY
For any defects in the delivered products, MNT GmbH guarantees during the warranty period granted by its supplier, if the defects can be proven to be caused by bad material or faulty fabrication. However, the liability of MNT GmbH is limited to the choice of either replacement or repair of the defective items or compensation of the invoice value of the non-replaced items. Any further liability, in particular for direct or indirect damages (including lost profits and claims of third parties) arising directly or indirectly from the delivered goods themselves, their use or their defect, shall be refused. Changes or repair work, which were not carried out by MNT GmbH or the manufacturer, as well as the non-compliance with the operating conditions, cancel the warranty obligation.

8. RETURNS
By special agreement, customers can return delivered laboratory and laboratory supplies to MNT GmbH within 30 days, stating the reason, provided the goods are originally packed, in perfect and resaleable condition. MNT GmbH decides at its discretion about the definitive take back. In the case of a positive decision, the customer will be issued a goods credit for the returned goods. The costs for the return of the goods are borne by the customer.

9. DISPOSAL
For the disposal of medical devices, MNT GmbH charges the industry-standard fees of the recognized disposal companies.

10. OWNERSHIP
The delivered goods remain the property of MNT GmbH until full payment. It reserves the right to register the reservation of title.

11. APPLICABLE LAW AND JURISDICTION

All legal relationships between MNT GmbH and the customer are subject exclusively to Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (Vienna Sales Convention). Jurisdiction and place of fulfillment is Hergiswil NW. For customers resident or domiciled abroad, the place of performance is also the place of debt collection. MNT GmbH reserves the right to sue the customer at the court of his domicile or seat or at another competent court.

Hergiswil, January 2018

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