OUR T&Cs
General Terms and Conditions of EAP® Produktions- und Patentverwertungs- GmbH
As of May 2024
1. validity
1.1 These terms and conditions apply between EAP® Produktions- und Patentverwertungs- GmbH (head office and production site) and natural and legal persons (hereinafter referred to as the Customer), excluding dentists or dental technicians, for the present company-related legal transaction as well as for all future transactions, even if no express reference is made to them in individual cases, in particular in the case of future supplementary or follow-up orders.
1.2 The current version of our GTC, available on our homepage https://www.eap-abutments.com/AGBs and thus also transmitted to the customer, shall apply at the time of conclusion of the contract
1.3. We contract exclusively on the basis of our General Terms and Conditions.
1.4 Terms and conditions of the customer or amendments or supplements to our GTC require our express written consent in order to be valid.
1.5. The customer’s terms and conditions shall not be recognized even if we do not expressly object to them upon receipt.
2. offers, conclusion of contract
2.1. Our offers are non-binding
2.2 Promises, assurances and guarantees on our part or agreements deviating from these GTC in connection with the conclusion of the contract shall only become binding upon our written confirmation.
2.3. In Katalogen, Preislisten, Prospekten, Anzeigen auf Messeständen, Rundschreiben, Werbeaussendungen oder anderen Medien (Informationsmaterial) angeführte Informationen über unsere Produkte und Leistungen, die nicht uns zuzurechnen sind, hat der Kunde – sofern der Kunde diese seiner Entscheidung zur Beauftragung zugrunde legt – uns darzulegen. In this case, we can comment on their accuracy. If the customer breaches this obligation, such information shall be non-binding unless it has been expressly declared in writing to be part of the contract.
3. prices
3.1. Prices are quoted ex works and subject to the applicable statutory VAT. Shipping costs, customs duties and insurance shall be borne by the customer.
3.2. For services requested by the customer that are not covered by the original order, in particular faulty or damaged STL files, € 50 will be charged as additional expenses.
4. payment
4.1. 100% of the fee is due upon conclusion of the contract.
5. upload the mandatory STL files and any existing metadata
5.1. Our obligation to perform the service begins at the earliest as soon as all technical details have been entered in our order portal (implant manufacturer, implant system, region, diameter, patient and doctor) and the STL data has been uploaded in full.
5.2. The customer bears sole responsibility for the design and functionality of abutments provided . In the event of an obvious design error, the parts are subject to our technically validated processes, which are applied by and thus the STL file is changed in case of doubt.
5.3. The customer is not entitled to assign claims and rights arising from the contractual relationship without our written consent.
6. performance execution
6.1. Subsequent changes are impossible, as the automatic production process begins from the time of upload.
6.2. If the customer requests performance within a shorter period of time after conclusion of the contract, this shall constitute an amendment to the contract. As a result, overtime may become necessary and/or additional costs may be incurred due to the acceleration of material procurement, and the remuneration shall increase appropriately in relation to the necessary additional work.
7. delivery and performance deadlines
7.1. Typical delivery time within Austria 3 working days
7.2. Typical delivery time within the EU 5 working days
7.3. Typical delivery time worldwide within 10 working days
7.4. Orders are processed immediately upon receipt.
7.5. Delivery/service deadlines and dates are only binding for us if they have been specified in writing. Any deviation from this formal requirement must also be made in writing.
7.6. Deadlines and dates shall be postponed in the event of force majeure, strikes, unforeseeable delays by our suppliers for which we are not responsible or other comparable events beyond our control for the period during which the relevant event continues. This shall not affect the customer’s right to withdraw from the contract in the event of delays that make it unreasonable to be bound by the contract.
7.7. In the event of withdrawal from the contract due to default, the customer must set a grace period by registered letter and at the same time threaten to withdraw from the contract.
8 Our intellectual property
8.1. Information material remains our intellectual property.
8.2. Their use, in particular their reproduction, publication and making available, including copying even in part, as well as their imitation, processing or utilization, requires our express consent.
8.3. Furthermore, the customer undertakes to maintain confidentiality vis-à-vis third parties with regard to the knowledge gained from the business relationship.
9 Warranty and voluntary special warranty
9.1 The warranty period for our services is one year from delivery.
9.2. Darüber hinaus gewähren wir eine Sondergarantie von 10 Jahren für unsere EAP® Hybridabutments, die nicht manipuliert wurden.
9.3 Rectification of a defect alleged by the customer shall not constitute acknowledgement of a defect.
9.4. The customer must always prove that the defect already existed at the time of handover.
9.5. We are entitled to carry out or have carried out any inspection we deem necessary, even if this renders the goods or workpieces unusable. In the event that this investigation shows that we are not responsible for any errors, the customer shall bear the costs of this investigation for a reasonable fee.
9.6. The customer shall grant us at least two attempts to remedy the defect.
9.7. We can avert a request for conversion by improvement or reasonable price reduction, provided that the defect is not significant and irreparable.
10. liability
10.1. We shall only be liable for breach of contractual or pre-contractual obligations, in particular due to impossibility, delay, etc., in the event of financial losses in cases of intent or gross negligence due to technical peculiarities.
10.2. Liability is limited to the maximum liability amount of any liability insurance taken out by us.
10.3. This limitation also applies with regard to the damage to . a matter that we have taken over for processing.
10.4. Claims for damages must be asserted in court within two years, otherwise they shall lapse.
10.5. The limitations or exclusions of liability also include claims against our employees, representatives and vicarious agents due to damage caused to the customer by them without reference to a contract between them and the customer.
10.6. Our liability is excluded for damage caused by improper handling and overuse.
10.7. Wenn und soweit der Kunde für Schäden, für die wir haften, Versicherungsleistungen durch eine eigene oder zu seinen Gunsten abgeschlossen Schadenversicherung (zB Haftpflichtversicherung, Kasko, Transport, Feuer, Betriebsunterbrechung und andere) in Anspruch nehmen kann, verpflichtet sich der Kunde zur Inanspruchnahme der Versicherungsleistung und beschränkt sich unsere Haftung gegenüber dem Kunden insoweit auf die Nachteile, die dem Kunden durch die Inanspruchnahme dieser Versicherung entstehen (z.B. höhere Versicherungsprämie).
10.8. Those product characteristics are owed which can be expected from us, third-party manufacturers or importers with regard to the approval regulations, operating instructions and other product-related instructions and information (in particular also inspection and maintenance), taking into account the customer’s knowledge and experience. The customer as reseller must take out adequate insurance for product liability claims and indemnify and hold us harmless with regard to recourse claims.
11. severability clause
11.1. Should individual parts of these GTC be invalid, this shall not affect the validity of the remaining parts.
11.2. The parties hereby undertake to agree on a replacement provision – based on the horizon of honest contracting parties – which comes closest to the economic result, taking into account the customary industry practice of the invalid provision.
12. general
12.1. Austrian law shall apply.
12.2. The UN Convention on Contracts for the International Sale of Goods is excluded.
12.3. The place of performance is the registered office of the company in Hall in Tirol, Austria
12.4. The place of jurisdiction for all disputes arising from the contractual relationship or future contracts between us and the customer shall be the court with local jurisdiction for our registered office.
12.5 The customer must notify us immediately in writing of any changes to his name, company name, address, legal form or other relevant information.