Terms & Conditions

1. Scope of Application

These General Terms and Conditions apply to all business relationships between CytoCare GmbH, Traungasse 14-16, 1030 Vienna ("CytoCare") and its customers. Deviating terms and conditions of the customer shall not be recognised unless CytoCare expressly agrees to their applicability in writing.

 

2. Description of Services

CytoCare provides services in the field of leukapheresis, the processing and cryopreservation of cell products, and the shipment of biological materials. The exact scope of services is determined by the respective individual agreement (quotation/order confirmation).

 

3. Conclusion of Contract

Quotations by CytoCare are non-binding. A contract is only concluded upon written order confirmation by CytoCare or upon provision of the service. The customer is bound by their order for a period of 14 days.

 

4. Prices and Payment

All prices are quoted in Euros and are exclusive of the applicable statutory value-added tax. Invoices are payable within 30 days of the invoice date without deduction, unless otherwise agreed. In the event of late payment, CytoCare is entitled to charge default interest at the statutory rate.

 

5. Delivery and Shipping

Delivery dates are agreed individually and, unless expressly designated as binding, are non-binding. CytoCare endeavours to meet agreed delivery dates but shall not be liable for delays attributable to force majeure, donor availability or other circumstances beyond CytoCare's control.

Shipping is at the cost and risk of the customer, unless otherwise agreed. CytoCare selects the appropriate shipping method taking into account the product requirements (in particular temperature conditions).

 

6. Product Specifications and Warranty

CytoCare warrants that the delivered cell products conform to the agreed specifications. As these are biological materials, natural variations are possible. CytoCare makes no warranty as to the fitness of the products for a particular purpose intended by the customer.

Defect notices must be submitted to CytoCare in writing immediately upon receipt of the goods, but no later than within 48 hours. In the case of justified defect claims, CytoCare shall, at its discretion, provide a replacement or refund the purchase price.

 

7. Liability

CytoCare shall only be liable for damages caused by intent or gross negligence. Liability for slight negligence is excluded, except where essential contractual obligations are breached. Liability is limited to the foreseeable damage typical for this type of contract. Liability for consequential damages, lost profits or damages arising from the further use of the products is excluded.

 

8. Confidentiality and Data Protection

Both parties undertake to keep confidential information of the other party secret. The processing of personal data is carried out in accordance with the Privacy Policy of CytoCare and in compliance with the GDPR.

 

9. Intellectual Property

All rights to CytoCare's processes, protocols and know-how remain with CytoCare. The customer acquires ownership exclusively of the physically delivered cell products.

 

10. Cancellation

Cancellation of orders is only possible free of charge up to 72 hours before the scheduled donation appointment. In the event of later cancellation, CytoCare may charge a cancellation fee of up to 50% of the order value.

 

11. Force Majeure

CytoCare shall not be liable for delays in or failure of performance due to force majeure, including but not limited to natural disasters, pandemics, governmental orders, strikes or supply shortages of consumable materials.

 

12. Governing Law and Jurisdiction

Austrian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for all disputes arising from or in connection with this contract shall be Vienna, Austria.

 

13. Severability Clause

Should any provision of these Terms and Conditions be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that most closely reflects the economic purpose of the invalid provision.

 

Last updated: January 2024