Terms & Conditions | g.tec medical engineering GmbH

Terms & Conditions

for ordering g.tec hardware and software from g.tec medical engineering GmbH, Sierningstrasse 14, 4521 Schiedlberg, Austria, g.tec neurotechnology USA, Inc, Albany, New York, USA and g.tec neurotechnology Hong Kong Limited, Hong Kong (short g.tec)

COVERAGE

The g.tec terms and conditions apply to all business done with g.tec and no other terms and conditions are accepted.

OFFERS

  • Offers are valid for 4 weeks

ORDERS

  • Hardware and software orders are made via a g.tec sales agent or g.tec approved distributor after you received an offer.

HARDWARE AND SOFTWARE VERSIONS

  • After the order is placed, a specific hardware and software version will be delivered. The specific hardware version will only work with the specific software version.

PAYMENT

  • Payments can be made via MasterCard, Visa, Maestro, bank wire transfer or check.
  • Payments have to be made within 30 days of receipt of the devices. A pre-payment is required according to the offer received.

PRICING

  • Prices are quoted normally in EURO. In the USA prices are quoted in USD and in Hong Kong in HKD and are only valid for your territory.
  • Delivery costs are added to the offers.

ORDER CONFIRMATION

  • After the receipt of the order and the payment, g.tec may send you a confirmation of the purchase order to confirm the sales contract. If g.tec does not accept the purchase, no confirmation will be issued and the payment will be refunded.
  • The goods will be sent within 12 weeks after g.tec accepts the purchase order. If a longer delivery time is needed, the customer will be informed when the confirmation purchase order is issued.

SHIPPING

  • Orders are shipped from g.tec medical engineering GmbH, Herbersteinstrasse 60, 8020 Graz, Austria. In the USA orders will be shipped from g.tec neurotechnology USA, Inc., Albany, New York.
  • Deliveries are sent ex works (EXW according to the Incoterms 2000).
    Shipments normally take about 7-14 business days. Shipping may take longer during local holidays because manufacturers and couriers will have limited operations.
  • g.tec does not accept any liability for delayed shipment.
  • The recipient of an international shipment may be subject to import taxes, customs duties and fees, which are levied once a shipment reaches the recipient’s country. Please note that import duties, taxes, and charges are not included in the item price or shipping cost. They are the responsibility of the customer and will be assessed by your customs office at the time of delivery.
    Customs clearance procedures may be required, which may cause delays beyond our original delivery estimates.
  • Customs offices in some countries require the importer of record to provide a particular form of identification before releasing a shipment. You may be required to provide an identification number.
  • Please make sure all delivery information is correct, since we are unable to make changes to any information once the order has been submitted.
    If you choose to abandon your shipment and/or fail to pay any duties and/or taxes assessed, you are not entitled to a refund or replacement, and you must pay any reshipment fees.
  • Software shall be delivered electronically directly to your account upon receipt of payment if the purchase is completed.
  • Cancellations must be requested within 24 hours of placing the order and can only be processed if your order has not yet been sent to our factory for fulfillment.
  • In case of unforeseeable circumstances or circumstances beyond the parties’ control, such as all cases of force majeure, which impede compliance with the agreed period of delivery, the latter shall be extended in any case for the duration of such circumstances; these include in particular armed conflicts, official interventions and prohibitions, delays in transport or customs clearance, damages in transit, energy shortage and raw materials scarcity, labour disputes, and default on performance by a major component supplier. The aforesaid circumstances shall be deemed to prevail irrespective of whether they affect g.tec or its relevant subcontractor(s). If a contract cannot be executed due to circumstances beyond g.tec’s control, g.tec is no longer obligated to that contract.
  • The risk of an unforeseeable degradation or decline of the goods is transferred to the customer as soon as the parcel service possesses the package.

PARTIAL DELIVERY

  • g.tec has the right to transact partial deliveries and to invoice such partial deliveries after prior consultation with the customer.

SOFTWARE REFUND POLICY

  • g.tec does not permit the return of or offer refunds for software.

HARDWARE REFUND POLICY

  • g.tec does not permit the return of or offer refunds for hardware.

WARRANTY

  • Warranty is 12 month. Electrodes and gel are consumables. Only use parts from g.tec to operate the device.
  • g.USBamp and g.HIamp have a 5 years warranty (only amplifier part, except power supply, cables, etc.).
  • Warranty is invalidated if anyone except a g.tec employee opens or disassembles any components.
  • Warranty only applies for properly used devices. The g.tec hardware components are electronic devices sometimes with an integrated Li-Ion battery and must be treated correctly according to the User Manual.

REPAIR/REPLACE POLICY

  • Please send a clear photo or video of the damaged or defective product. Then, g.tec will send you and RMA number and RMA documents for sending the devices for repair. g.tec will not accept returns without an RMA number.
  • The customer will be informed about repair costs before the repair is done. The customer has to confirm acceptance of the repair cost before commencing repair.
  • The shipment is billed to the customer.

SOFTWARE ERRORS

LIABILITY

  • The liability for indirect damages, lost profit, economic loss, damages by service interruption, losses of data, and losses of interest as well as damages resulting of third-party claims against the customer is unconditionally excluded.
  • Any problems must be reported within 7 days after the receipt of the goods. Failure to report problems within seven days may affect the warranty.
  • Outside the product liability act, g.tec’s liability is limited to deliberate intention and gross carelessness.

PROPERTY RIGHT

  • g.tec holds all property rights of the g.tec hardware and software components. Any reverse engineering or copying of the device is prohibited.

COMPLIANCE RULES WITH YOUR INSTITUTION

  • if you receive a g.tec device as loaner or as donation make sure to follow the compliance rules of your institution.
  • If you are not sure about the compliance rules of your institution, please contact our Compliance Officer: guger(a)gtec.at.

PLACE OF VENUE AND APPLICABLE LAW

  • Place of venue is Austria, Landesgericht Graz.
  • The United Nations Convention on Contracts for the International Sales of Goods does not apply.
  • Applicable law: Austria (without UN United Nations Convention on Contracts for the International Sale of Goods)

DISPUTE RESOLUTION

  • Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG. The European commission provides a platform for online dispute resolution (OS) which is accessible at ec.europa.eu/consumers/. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.

DOCUMENTS