Our general terms and conditions for all deliveries and services.
The following terms and conditions apply to all future services and deliveries provided by us. Deviating purchasing conditions of the customer shall only apply if expressly acknowledged by us in writing. Verbal agreements of any kind are invalid.
Agreements regarding availability, quality and durability shall only be deemed to be guarantees if they are specifically designated as such.
§ 2.1. Our offers are timeless. A delivery contract is only concluded upon our written order confirmation and/or upon delivery of the goods. Our order confirmation alone is decisive for the content of the contract, in particular for the scope of services.
§ 2.2. The technical specifications and descriptions of the goods contained in the product catalog do not constitute guaranteed properties. Subject to change.
§ 2.3. Statements and promises made by our representatives are not legally binding for us.
§ 3.1. Prices are calculated ex works, excluding statutory value-added tax (VAT), plus packaging, insurance, and transport costs (e.g., express delivery) in Swiss francs (CHF). Upon request and at the customer’s expense, we will insure the respective shipment against theft, breakage, transport, fire, and water damage.
§ 3.2. Our customers receive special offers for third-party products.
§ 3.3. The price resulting from the customer price list valid on the date of order confirmation shall apply. If the goods are delivered without order confirmation, the price on the date of delivery shall apply. All prices are based on the cost factors at the time of the order or order confirmation. If there are subsequent significant increases in labor or material costs for us or our suppliers and these lead to a significant increase in our purchase prices or cost price, we are entitled to immediately request negotiations with the customer regarding a price adjustment, unless the price has been expressly confirmed as a fixed price. If an agreement is not reached within a reasonable period of time, we are released from our delivery obligation with regard to outstanding deliveries and are entitled to withdraw from the contract.
§ 3.4.The minimum order value is CHF 100,- net value of goods (excluding VAT, freight and packaging).
§ 4.1 Unless other payment terms have been agreed in writing, the purchase price is to be paid within 30 days without any deductions in Swiss francs (CHF), calculated from the invoice date.
§ 4.2. After the unsuccessful expiry of a reasonable grace period, we are entitled to carry out outstanding services only against advance payment or to make them dependent on the provision of security if the customer is in default with agreed payment terms or if circumstances exist which, when applying customary banking standards, give rise to doubts about the customer’s ability to pay.
§ 4.3. In the event of late payment, default interest at a rate of 8% above the applicable base interest rate shall be deemed agreed. We are entitled to invoice pre-litigation costs, in particular processing costs, reminder fees, and legal fees.
§ 5.1. The delivery periods and delivery dates specified by us are non-binding and subject to the unrestricted availability of the contractual item. Claims for damages due to any delays in delivery and contractual penalties for late delivery are excluded. Our delivery obligation only begins when the customer has fulfilled their contractual obligations.
§ 5.2. The goods ordered by the customer must be accepted within the delivery period specified by us. If the customer fails to accept the goods, we are entitled to either deliver the goods and invoice them at the agreed price or withdraw from the contract and charge a cancellation fee.
§ 5.3 We assume no liability for any delayed or non-delivery attributable to our suppliers.
§ 5.4. If unforeseeable circumstances or circumstances beyond the control of the parties occur, such as all cases of force majeure, which prevent compliance with the agreed delivery period, the delivery period shall be extended by the duration of these circumstances; this includes, in particular, delays in customs clearance, transport damage, official interventions, the failure of a key supplier who is difficult to replace, or incidents whose effects are equivalent to those mentioned above.
§ 5.5. Cancellation (including partial cancellation) of orders requires our express written consent. We reserve the right to claim any resulting damages, up to a minimum of 35% of the value of the goods.
§ 5.6 We are entitled to make partial deliveries and services, provided this is reasonable for the customer.
§ 6.1. Implants and instruments requested for short-term rental are considered purchased and will be invoiced if not returned within 30 days of delivery. Rental devices/loaned power tools requested for free trials are considered purchased and will be invoiced if not returned within 30 days of the rental period.
§ 6.2. Returned instruments and/or implants exhibiting any type of damage will be charged without exception. This applies in particular to damage or alterations to the packaging or labeling. Returned loaner devices/loaner power tools must be cleaned and checked for functionality before shipping. Reprocessing or repairing damage caused by improper handling will be charged without exception.
§ 6.3. Rental instruments provided by us must be cleaned and disinfected according to EN ISO 17664 standards. Written confirmation of the cleaning process must be enclosed with the return shipment. If the instrument is insufficiently cleaned or if such confirmation is missing, the customer will be charged a cleaning fee of CHF 300.00.
§ 6.4 Costs and transport risk for the return are borne by the purchaser
§ 6.5. Services related to the short-term rental of instruments will be charged at a rate of CHF 150.00 – 550.00 (deSoutter rental equipment is subject to the provisions of § 6.6).
§ 6.6. Delivery of deSoutter demo/loan equipment for testing purposes is carried out via Swiss Express “Mond” shipping. 14 days after the end of the test phase, if no order for the deSoutter machines has yet been placed, the customer will be invoiced a flat shipping fee of CHF 60 (the general payment terms apply). For a subsequent sale within 12 months, the shipping fees will be refunded to the customer.
§ 7.1. The customer’s warranty claims require that they have properly fulfilled their statutory obligations to inspect and report defects. In the event of obvious defects or incompleteness of the goods, complaints must be reported to us in writing within two weeks of the delivery arriving at the destination, stating the defect and the order or invoice number. Upon our request, the defective goods must be returned to us. Claims by the customer due to defects or incompleteness of the delivery are excluded if they fail to comply with this obligation. We will fulfill the customer’s warranty claims in all cases at our discretion, either by improvement, supplementation of the missing parts, or replacement within a reasonable period of time. Only if no improvement, supplementation of the missing parts, or replacement is made within a reasonable period of time for the customer is the customer entitled to a price reduction or rescission (cancellation of the contract). In the case of a minor defect, rescission is excluded. Warranty claims for rental equipment/loan drive machines consist solely of replacement within a reasonable period of time.
§ 7.2. We assume no liability for the suitability of our goods for the customer’s intended purpose. The same applies to merely visual deviations that do not impair the proper use of the goods.
§ 7.3. Warranty claims must be asserted in court within four weeks of delivery of the goods. This period begins on the day of delivery or collection of the goods. We provide a warranty for defects present at the time of delivery.
§ 7.4. To the extent possible, the customer is obligated – otherwise, they will forfeit all rights – to allow us to conduct more detailed inspections, including inspection and review of documentation, etc., to determine the existence of any defects. Defects in individual, but independent, parts of a delivery/service do not, under any circumstances, entitle the customer to withdraw from the entire contract or to cancel the entire contract.
§ 8.1. All claims for damages are excluded in cases of slight negligence. This does not apply to personal injuries.
§ 8.2. Beyond this, our liability for damages is limited to 100% of the purchase price. Compensation for damages incurred beyond this amount is excluded.
§ 8.3. Any claim for damages may only be asserted in court within six months after the person(s) entitled to claim have or could have become aware of the damage, but no later than three years after the event giving rise to the claim. The provisions regarding damages contained in these Terms and Conditions or otherwise agreed upon shall also apply if the claim for damages is asserted in addition to or instead of a warranty claim.
§ 9.1. All implants and instruments are delivered by us subject to retention of title and remain our property until full payment, including any additional charges, and until settlement of any current account balance.
§ 9.2. In the case of delivery subject to retention of title, the customer hereby assigns to us his claims against third parties, insofar as these arise from the sale or processing of our goods, until final payment of our claim.
§ 9.3. Restocking Fee: All implants or instruments returned after prior approval for credit and/or from consignment are subject to a standard restocking fee of up to 30% for instruments and 40% for implants of the original value or selling price.
§ 9.4. The customer is obligated to notify us of any changes to their business address as long as the contractual transaction has not been fully fulfilled by both parties. If this notification is omitted, declarations shall be deemed received even if they are sent to the customer’s last notified address.
§ 9.5. In particular, any samples, illustrations, and the like remain our property at all times. The customer receives no rights of any kind to use or exploit the work.
§ 9.6. Should individual provisions of these General Terms and Conditions be or become void, ineffective, or contestable, the remaining provisions shall remain unaffected and shall be interpreted and/or supplemented in such a way that the intended economic purpose is achieved as accurately as possible in a legally permissible manner. This also applies to any gaps in the contract.
§ 10.1. The place of performance for obligations arising from this contract is CH-4665 Oftringen (Canton of Aargau).
§ 11.1. The exclusive place of jurisdiction for disputes arising from or in connection with this contract is CH-4665 Oftringen (Canton of Aargau).
§ 11.2. Applicable law is Swiss substantive law, excluding the applicability of the United Nations Vienna Convention on Contracts for the International Sale of Goods.
PlusORTHO Prothetik GmbH
A Healthcare Holding Schweiz AG Company.
Oftringen, January 28th, 2026
