Terms
& Conditions – Service medical ECONET GmbH (EN)
1. General Provisions
These General Terms and Conditions apply to all services provided by medical ECONET GmbH (“Contractor”) in the areas of repairs, installations, overhauls, inspections, and other service activities on medical devices. All work is carried out in accordance with MDR (EU 2017/745), MPDG, MPBetreibV, applicable DIN/EN standards, and the internal quality management system according to ISO 13485.
Deviating or supplementary conditions of the Customer shall only apply if expressly confirmed in writing by the Contractor. Warranty claims arising from existing maintenance or service contracts remain unaffected. For the delivery of new spare parts, the Contractor’s general terms of delivery apply.
2. Cost Estimate
A repair order is deemed placed only upon written confirmation of the cost estimate. If no order is placed, the unrepaired device will be returned to the Customer for a processing fee of EUR 60. Preparing the cost estimate may require chargeable diagnostic or disassembly work.
Cost estimates are generally subject to a fee (EUR 60), which is waived only if the subsequent repair is commissioned immediately. Repair work begins only after written approval by the Customer.
3. Execution of Repairs
The customer bears the transport costs and the transport risk. The devices must be sent in a cleaned and decontaminated condition; any necessary decontamination carried out by us will be charged.
The following warranty periods apply: devices 24 months, AED electrode pads 60 months, spare parts and accessories 6 months.
Returns and complaints must be pre-registered using the RMA process. Necessary additional work required to restore functionality will be communicated before execution.
In case of a claimed warranty defect, the Contractor will first carry out a free inspection. If no defect is found, a chargeable offer will be provided.
For on-site work, the Customer must provide appropriate working conditions. For commercial transactions, § 377 HGB applies.
Repairs are carried out according to medical device-relevant standards, especially DIN EN 62353 and DIN EN 60601. Test protocols, STK/MTK records, or calibration certificates are prepared according to agreement.
4. Loan Devices, Returns and Take-Backs
Loan devices remain the property of the Contractor and are provided against a fee or according to individual agreement. The Customer must use loan devices carefully and as intended.
Damage, loss, or improper use will be charged to the Customer. Returns are only possible with prior approval and a valid RMA number.
Take-backs are possible within 14 days and only if the product is unused and in its original condition. Custom-made items are excluded.
5. Storage and Shipping of Items
The Contractor is liable for stored devices with the care of its own affairs. Return shipments are at the Customer’s risk and expense.
Risk transfers to the Customer once readiness for dispatch is communicated. Storage is limited to three weeks and at the Customer’s risk and expense.
The Customer is responsible for secure packaging; damage resulting from inadequate packaging lies within the Customer’s responsibility.
6. Prices
All prices apply ex works and exclude packaging and shipping charges. Billing is based on time, material usage, and applicable service rates.
An overrun of the cost estimate by up to 20% is considered approved unless agreed otherwise.
On-site repairs are only carried out based on a confirmed quotation. Express, emergency, or rush surcharges may apply.
7. Warranty and Liability
The Contractor shall initially provide supplementary performance. The Contractor is liable only for intent, gross negligence, or breach of essential contractual obligations (cardinal duties).
In cases of slight negligence involving essential contractual obligations, liability is limited to three times the net value of the affected service.
The Contractor is not liable for indirect damages, production downtime, loss of profit, or data loss.
Defects must be reported in writing within one week; the limitation period is twelve months from acceptance of the repair.
Replaced parts become the property of the Contractor and include a six‑month warranty. Claims under the Product Liability Act remain unaffected.
Repaired devices may only be used clinically after a successfully documented final inspection.
8. Lien, Uncollected Devices, Retention of Title
The Contractor has a statutory lien on all devices handed over. If devices are not collected despite notification, the Contractor may sell or dispose of them after a minimum period of four weeks.
Installed parts remain the property of the Contractor until full payment is received. No warranty is provided for parts supplied by the Customer.
9. Data Protection, IT and Device Security
The Customer must delete or anonymize personal and patient-related data before shipment. Liability for data loss exists only in cases of gross negligence.
Firmware or software updates are performed only by separate agreement and may affect functionality or safety.
10. Disposal
Devices that cannot be repaired will be disposed of in accordance with ElektroG/WEEE at the Customer’s expense. Old parts can be disposed of or returned to the Customer.
11. Final Provisions
German law applies. The place of jurisdiction—where legally permissible—is the Contractor’s registered office. The jurisdiction clause applies only to entrepreneurs as defined in § 14 BGB.