General Terms and Conditions (GTC)

ecomexRAY – Global Medical Healthcare LTD

1. Preamble

These General Terms and Conditions (GTC) are an express part of the contract and apply to all contracts between ecomexRAY – Global Medical Healthcare LTD- hereinafter referred to as the Contractor – and the customer – hereinafter referred to as the Client.

2. Scope & Contract Acceptance

All offers and orders are subject exclusively to these terms and conditions. Deviations are only valid if confirmed in writing. By placing an order, these terms and conditions become binding. The customer’s terms and conditions are excluded.

3. Customer & purpose of purchase

The customer confirms that they are purchasing the goods for profit. It is assumed that they are acting as a merchant (according to German Commercial Code) or a self-employed professional. Private individuals are excluded from purchasing.

The customer declares that they are familiar with all legal regulations and terms and conditions applicable to the goods. Subsequent objections based on lack of knowledge are excluded. Returns, refunds, or warranties are therefore excluded.

4. Contract subject matter & technical specifications

Information regarding year of manufacture, CE, FDA, MDD, MDR, FDC, FCC, ISO, or other technical specifications is only binding if explicitly stated in the offer. Otherwise, the customer expressly waives its validity.

Subsequent deviations or changes to factual data do not constitute grounds for a claim. Non-permanently affixed identification features (e.g., stickers, labels) are non-binding and do not represent a defect.

5. Condition of the goods

The goods are generally sold as used, unless a different condition has been confirmed in writing. A stated year of manufacture does not constitute a guaranteed characteristic.

6. Prices

Prices are net in euros, excluding VAT of your country. Prices are FOB Hongkong(FOB Hongkong, Incoterms 2020).

Labor, travel, and waiting times, as well as transport costs, will be charged separately. Transport insurance is only provided at the customer’s request and expense.

7. Delivery

Delivery is ex-works Hamburg. Delivery is deemed to have taken place upon handover to the carrier. At that time, the risk passes to the customer.

The goods are not delivered as consumables. Any transport damage must be claimed directly by the customer from the carrier.

8. Delivery time

Delivery times begin after receipt of the signed order confirmation and any advance payment. All information is non-binding. Partial deliveries are permitted. Claims for damages or contract cancellation are excluded in the event of delivery delays.

9. Payment

Invoices are due immediately without deduction. In case of late payment, default interest (8% above the ECB base rate) and reminder fees (minimum €25 per reminder) will be charged.

In case of late payment – ​​especially in the case of advance payment or payment upon delivery – returns, refunds, price reductions, or claims for defects are excluded. The right of retention is also excluded.

For repairs and maintenance, payment is due upon completion of the respective work. If the customer has not made an advance payment, they can pay directly by credit card. We accept Visa and Mastercard.

10. Retention of title

The goods remain the property of the seller until full payment is received. Resale, transfer of ownership as security, or use before full payment is prohibited.

11. Complaints, warranty, defect

Defects must be reported in writing within 8 days. By signing the delivery protocol, the goods are considered accepted as free of defects.

Warranty and guarantee are excluded for private individuals if the goods are purchased as non-consumables. The maximum warranty period is one year – unless a period of six months is legally prescribed.

Defects caused by operating errors or software updates are excluded. There is no entitlement to original spare parts.

Complaints, warranty claims, and claims of defects must be submitted in writing and are only valid if made immediately upon discovery, but no later than two days after becoming aware of the defect. Only with written notification can any subsequent action, such as repair or return, be taken.

12. Withdrawal

Returns and exchanges are generally excluded.

13. Software & Licenses

Software licenses are subject to the manufacturer’s specifications and may only be used on the delivered device. Backups are permitted. Any warranty is void in case of misuse or improper use. Subsequent training or troubleshooting will be billed separately.

14. Technical assistance & repair services

Technical services provided for repairs or deliveries are considered services only. A contract for work and services, which guarantees a specific outcome, is excluded.

Payments for labor, travel time, and waiting time are due regardless of the result. Consequential damages resulting from technical interventions are possible. Cost estimates serve only as an initial diagnosis and are not binding for the final price.

No testing, trials, maintenance, or repairs are performed on radiation emitters. The radiation protection officer is responsible for ensuring that all activities are carried out without generating radiation.

15. Activities according to the Radiation Protection Act / Radiation Protection Ordinance

Activities carried out in accordance with radiation protection laws or regulations are prohibited. If such activities are nevertheless undertaken, they will only be carried out under the instructions of the customer’s radiation protection officer and on behalf of the customer. Any resulting damages will be invoiced to the customer in full or in part.

16. Montages

Installation times are arranged by agreement and are non-binding, serving only as guidelines. Installation is considered complete upon handover of a handover protocol. Any additional work noted in the handover protocol does not constitute rectification but merely represents additional installation time.

17. Working hours

Our employees’ working hours are Monday to Friday from 8:00 a.m. to 5:00 p.m. If the customer requires work outside these hours, a surcharge of 50% will apply. For scheduled deliveries, repairs, or installations, the surcharge will be calculated on the base rate.

18. Shipment

We strive to keep shipping times as short as possible. Shipping is non-binding and will take place within 14 days of receipt of payment by the contractor. Shipping costs are borne by the customer. The contractor is generally free to choose the shipping provider.

For shipments from outside the customs territory of Germany, the customer may incur additional import costs. These include, but are not limited to, import VAT, storage fees, customs duties, etc.

Shipping is exclusively ex works Hamburg. In cases where the goods originate from outside the customs territory of Germany, delivery is exclusively ex works of the supplier’s location. The customer is responsible for insurance and transport.

19. Rent

For rental equipment, the customer is obligated to take out insurance against damage to the equipment at their own expense.

Should the insurance coverage be insufficient or the insurance company reject the claim, the customer will be held liable for the repair of the defective rental equipment.

Rental is contingent upon sufficient creditworthiness.

In the event of rent arrears exceeding two months’ rent, the contractor is entitled, or may raise the defense of prior legal action, to retrieve and dispose of the rental equipment at the renter’s expense.

The compensation for early termination of the rental agreement amounts to one year’s rent plus any costs incurred as a result of the early termination.

20. Maintenance contract

It is recommended that a maintenance contract be concluded for all equipment supplied by the contractor. The maintenance contracts offered by the contractor include only mechanical and electrical maintenance, provided that no interference radiation occurs/can occur during this process.

21.Remote maintenance & support via telephone

Remote maintenance and telephone support are charged at a flat rate per case, as outlined in the service schedule. This flat rate covers the initial assessment of the damage and a corresponding repair quote. It covers the first 10 minutes of support. Any additional services required beyond this will be billed at the applicable rate specified in the service schedule.

22. Place of jurisdiction and performance

The place of jurisdiction and performance for all services and payments is Hongkong. Hongkong law applies exclusively.

23. Side agreements

Side agreements are only valid if they are made in writing. Oral side agreements are invalid.

24. Severability clause

Should individual provisions of these Terms and Conditions be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision.

25. Publication

The general terms and conditions are published in their current version on our website ecomexray.net and can also be obtained in their current form at any time from our sales department.
 

26. Stand

These Terms and Conditions are effective as of December 1, 2025. All previous Terms and Conditions are superseded by these Terms and Conditions. If the client has already signed previous Terms and Conditions, both those and the current ones are deemed accepted.