Terms & Conditions

These General Terms and Conditions (“GTC”) of Berger Medical AG, Bahnhofstrasse 10, 8001 Zürich, Schweiz (“Berger Medical”), apply to all agreements regarding the sale and/or delivery of any goods, data, or services (the “Deliverables”) to the Customer.

The Customer’s own terms and conditions only apply if expressly accepted by Berger Medical in writing.

Changes and/or amendments to these GTC must be outlined in the respective agreement. The most current version of these GTC can be found on this page.

The scope and specifications of the Deliverables are defined in the respective agreement between Berger Medical and the Customer. Unless otherwise agreed in writing, Berger Medical shall deliver its products and services in accordance with the specifications outlined in the agreement.

All prices are stated in Swiss Francs (CHF) and are exclusive of applicable taxes unless otherwise specified. Payment terms are as outlined in the respective agreement or invoice. Unless otherwise agreed, payment is due within 30 days of the invoice date.

Berger Medical reserves the right to charge interest on overdue payments at a rate of 5% per annum from the due date.

Delivery dates and timelines are agreed upon individually and specified in the respective agreement. Berger Medical shall make reasonable efforts to meet agreed delivery dates. Partial deliveries are permitted unless otherwise agreed in writing.

Berger Medical warrants that the Deliverables conform to the agreed specifications at the time of delivery. The warranty period is 12 months from the date of delivery unless otherwise agreed in writing.

The warranty does not cover defects resulting from misuse, unauthorized modifications, improper storage, or normal wear and tear. The Customer must notify Berger Medical of any defects in writing without undue delay.

Berger Medical’s liability is limited to direct damages caused by gross negligence or willful misconduct. Berger Medical shall not be liable for indirect, incidental, or consequential damages, including loss of profit, data, or business opportunities.

In all cases, Berger Medical’s total liability shall not exceed the value of the respective agreement.

All intellectual property rights in the Deliverables, including but not limited to software, designs, documentation, and know-how, remain with Berger Medical unless expressly transferred in writing. The Customer is granted a non-exclusive, non-transferable right to use the Deliverables for their intended purpose.

Both parties shall treat all confidential information received from the other party as strictly confidential and shall not disclose it to third parties without prior written consent. This obligation survives the termination of the agreement.

These GTC and all agreements between Berger Medical and the Customer are governed by Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The exclusive place of jurisdiction is Zürich, Switzerland.

Berger Medical AG
Bahnhofstrasse 10
8001 Zürich
Switzerland

Internet: www.bergermedical.ch
E-Mail: info@bergermedical.ch

Competent authority: Swiss Confederation