General terms and conditions

1. Scope

These general terms and conditions (GTC) apply to all offers, deliveries and services of PHARMEQ AG, Birchweidstrasse 6, 8808 Pfäffikon SZ (hereinafter PHARMEQ).

PHARMEQ supplies businesses, hospitals, medical practices, pharmacies, laboratories and public institutions. No sales are made to consumers within the meaning of consumer protection law.

Deviating or supplementary terms of the customer apply only where PHARMEQ has agreed to them in writing. Any reference by the customer to its own purchasing conditions is hereby expressly rejected.

2. Offer and conclusion of contract

Offers by PHARMEQ are without obligation unless expressly designated as binding and stated to be valid for a specific period.

An enquiry via the website, by email or by telephone is an invitation to submit an offer and not yet an order. The contract is concluded upon written order confirmation by PHARMEQ or upon performance of the delivery.

Information in catalogues, data sheets and on the website constitutes description and not warranted characteristics, unless expressly designated as such.

3. Subject matter of deliveries

PHARMEQ trades in medical consumables, accessories, spare parts and devices as well as related products.

Medicinal products do not form part of the range. They are neither covered by the company's statutory purpose nor tradable without the requisite Swissmedic authorisation.

4. Prices

Prices are in Swiss francs, plus value added tax, packaging, freight, insurance and any customs duties and levies, unless otherwise agreed in the offer.

The prices stated in the order confirmation apply. For call-off orders or where the delivery period exceeds four months, PHARMEQ may pass on demonstrated changes in procurement, freight or levy costs.

5. Payment terms

Invoices are payable without deduction within 30 days of the invoice date unless otherwise agreed.

On expiry of the payment period the customer is in default without reminder. From that point default interest of 5 % per annum is owed (art. 104 CO); further damages are reserved.

Set-off against counterclaims is permitted only where these are undisputed or have been established by a final court decision. Where there is justified doubt as to solvency, PHARMEQ may require advance payment or security and withhold outstanding deliveries.

6. Delivery, dates and passing of risk

Delivery periods are indicative unless expressly agreed as binding. Partial deliveries are permitted and may be invoiced separately.

Benefit and risk pass to the customer when the goods are handed over to the carrier. Where the parties agree a trade term, it applies as defined in the Incoterms in force at the time of conclusion of the contract.

Delays for which PHARMEQ is not responsible, in particular supply failures on the part of upstream suppliers, entitle PHARMEQ to extend the period by the duration of the impediment. Damages for delay are excluded to the extent permitted by law.

7. Retention of title

The goods delivered remain the property of PHARMEQ until all claims arising from the business relationship have been paid in full. The customer authorises PHARMEQ to register the retention of title at the location of the goods pursuant to art. 715 CC and shall cooperate in doing so.

8. Inspection and notice of defects

The customer shall inspect the goods immediately on receipt as to quantity, condition, labelling, batch and expiry date.

Apparent defects and transport damage must be notified in writing within ten days of receipt, hidden defects immediately upon discovery (art. 201 CO). If no notice is given, the delivery is deemed approved.

Goods complained of shall be stored properly and separately until the matter is resolved.

9. Warranty

PHARMEQ warrants that at the passing of risk the goods have the agreed characteristics and are delivered with the requisite conformity documentation.

The warranty period is twelve months from delivery, unless an expiry date or a longer manufacturer's warranty applies. Where a complaint is justified, PHARMEQ will at its option deliver replacement goods, remedy the defect or credit the purchase price.

The warranty excludes defects resulting from improper storage, handling or use, from interference by third parties, from natural wear and tear, and sterile single-use products once the packaging has been opened.

10. Liability

PHARMEQ is liable for damage caused intentionally or by gross negligence. Liability for slight negligence is excluded to the extent permitted by law.

Liability for indirect and consequential damage is excluded in all cases, in particular for lost profit, loss of production, loss of data or third-party claims, to the extent permitted by law.

Mandatory statutory liability, in particular under the Federal Act on Product Liability and liability for personal injury, is expressly reserved.

11. Use, regulatory matters and traceability

The products delivered are intended for proper use by suitably trained personnel. The customer is responsible for ensuring that a product is suitable for its specific intended use and is used as intended in its environment.

PHARMEQ supplies the conformity and accompanying documentation belonging to the product. Batch and expiry date are recorded on goods receipt so that every consignment remains traceable.

Where PHARMEQ becomes aware of a field safety corrective action or a product recall, PHARMEQ will inform the affected customers without delay. The customer shall support traceability and report incidents that come to its attention in connection with a product supplied.

12. Returns

Returns require the prior written consent of PHARMEQ. Sterile-packed, customer-specific, refrigerated and dated goods are not taken back unless they are defective.

Faultless goods are accepted for return in unopened original packaging within 30 days of delivery; PHARMEQ may apply a reasonable handling deduction.

13. Compliance, export and sanctions

Both parties comply with the applicable rules on export control, sanctions and embargoes. The customer shall not export goods supplied, directly or indirectly, to countries or persons subject to such measures.

PHARMEQ acts in accordance with its published internal policies on integrity, prevention of corruption and supplier due diligence. Benefits capable of improperly influencing a procurement decision are neither granted nor accepted.

14. Force majeure

Events beyond a party's reasonable control, in particular natural events, epidemics, official measures, shortages of energy or raw materials, strikes or transport failures, release that party from its obligation to perform for their duration. If the impediment lasts longer than three months, either party may withdraw from the affected contract without any claim for compensation arising.

15. Data protection

PHARMEQ processes personal data arising from the business relationship in accordance with Swiss data protection law. Details are set out in the privacy policy on this website.

16. Assignment and amendments

The customer may assign rights and obligations under the contract to third parties only with the written consent of PHARMEQ.

Amendments and additions to the contract and to these GTC require the written form. The version published on this website at the time the contract is concluded applies.

17. Severability

If a provision of these GTC is or becomes invalid, the remainder of the contract remains valid. The invalid provision shall be replaced by a rule that comes closest to its economic purpose.

18. Governing law and place of jurisdiction

Swiss law applies exclusively. The application of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention, CISG) is excluded.

The exclusive place of jurisdiction is Höfe, Canton of Schwyz, at the company's registered office. PHARMEQ remains entitled to bring proceedings against the customer at the customer's own seat.