General Terms and Conditions of SC Medxray Equipment SRL
(for business customers only)
Last updated: October 2026
§ 1 Scope
(1) These T&Cs apply to all offers, deliveries and services of SC Medxray Equipment SRL, Str. Aron Pumnul Nr. 3, 545400 Sighișoara, Romania, permanent establishment Nimrodstraße 10, 90441 Nuremberg, Germany (hereinafter “Medxray”).
(2) Medxray sells exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law (hereinafter “Customer”). No contracts are concluded with consumers. Before concluding a contract, Medxray may request proof of business status, for example the VAT ID or proof of commercial registration.
(3) Deviating or supplementary terms of the Customer only apply if Medxray expressly agrees to them in text form.
§ 2 Offers and conclusion of contract
(1) The presentation of equipment in the online shop and in catalogues does not constitute a binding offer. Medxray’s offers are non-binding.
(2) The contract is concluded by Medxray’s order confirmation in text form or by delivery.
(3) Illustrations, dimensions and technical data are approximate values and do not constitute a guarantee of quality unless expressly designated as binding. For used equipment, normal signs of use are in accordance with the contract.
§ 3 Prices
(1) All prices are net prices in euros plus statutory VAT.
(2) Prices apply ex warehouse. Packaging, transport, transport insurance, dismantling, assembly, installation, instruction as well as acceptance tests and expert inspections are charged separately unless otherwise agreed.
(3) For deliveries to businesses in other EU member states, VAT is treated in accordance with the applicable statutory provisions. For this purpose, the Customer provides its valid VAT ID.
§ 4 Payment
(1) For deliveries of medical systems, a down payment of 50% of the purchase price is due when the order is placed. Medxray delivers only after receipt of the down payment.
(2) Unless otherwise agreed, invoices for deliveries of goods are payable within 10 days and invoices for services within 8 days of the invoice date without deduction.
(3) A payment is only deemed to have been made when Medxray can dispose of the amount.
(4) In the event of default in payment, the Customer owes default interest at the statutory rate for transactions not involving consumers (Section 288(2) BGB) as well as the lump sum under Section 288(5) BGB. Further claims remain reserved.
(5) The Customer may only offset or exercise a right of retention with undisputed or legally established claims.
§ 5 Delivery, transfer of risk, default of acceptance
(1) Delivery dates are only binding if Medxray has expressly confirmed them in text form. They are met if the goods have been dispatched or made available for collection on time.
(2) If Medxray is in default of delivery, the Customer may withdraw from the contract after expiry of a reasonable grace period of at least 14 days.
(3) Force majeure and other events for which Medxray is not responsible (for example strikes, war, customs or transport obstacles, failure of suppliers) extend the delivery period by the duration of the impediment plus a reasonable start-up period. If the impediment lasts longer than three months, either party may withdraw from the contract.
(4) The place of performance is Medxray’s warehouse. Risk passes to the Customer upon handover to the forwarder or carrier, or upon provision in the case of collection. If Medxray delivers with its own transport, risk passes upon handover at the Customer’s premises.
(5) If the Customer does not accept the goods on time, Medxray may store them at the Customer’s expense. After the unsuccessful expiry of a reasonable grace period, Medxray may withdraw from the contract and claim damages.
§ 6 Customer’s obligations as operator
(1) As operator, the Customer is responsible for the lawful operation of the equipment, in particular for the obligations under the German Medical Devices Operator Ordinance (MPBetreibV) and radiation protection law (for example notification or licensing, expert inspection before commissioning, acceptance and constancy tests), unless Medxray has expressly assumed these services.
(2) The Customer ensures that the installation site is suitable and accessible for transport, delivery and installation.
§ 7 Retention of title
(1) The goods remain the property of Medxray until all claims arising from the business relationship have been paid in full.
(2) The Customer may neither pledge the goods subject to retention of title nor transfer them by way of security. The Customer shall inform Medxray immediately of any access by third parties, for example a seizure.
(3) If the Customer resells the goods subject to retention of title in the ordinary course of business, it hereby assigns to Medxray the resulting claims in the amount of the invoice amount.
(4) If the Customer is in default of payment, Medxray may, after the unsuccessful expiry of a reasonable period, withdraw from the contract and demand return of the goods. For this purpose, the Customer grants Medxray access to the installation site during business hours.
§ 8 Rights in case of defects
(1) If the Customer is a merchant, Section 377 of the German Commercial Code (HGB) applies. Otherwise, obvious defects must be reported in text form within 14 days of delivery.
(2) Claims for defects become time-barred after 6 months for used equipment and after 12 months for new equipment and spare parts, in each case from delivery.
(3) Medxray provides subsequent performance at its own discretion by repair or replacement. If subsequent performance fails, the Customer may reduce the price or withdraw from the contract. Damages are governed by § 9.
(4) There are no claims for defects if the defect results from the Customer failing to have the maintenance prescribed by the manufacturer carried out (at least twice a year for installed systems), handling or storing the goods improperly, modifying or repairing them without Medxray’s consent, or using parts and consumables that do not meet the original specifications. This does not apply if the Customer proves that the defect is not attributable to this.
(5) If several devices are delivered, withdrawal and price reduction are limited to the defective device, provided that the other devices remain reasonably usable for the Customer.
(6) If there is no defect, the Customer bears the costs of the inspection.
(7) The periods under paragraph 2 do not apply to claims under § 9(1) or to fraudulently concealed defects.
§ 9 Liability
(1) Medxray is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee given.
(2) In the event of a slightly negligent breach of an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract. Essential obligations are those whose fulfilment makes the performance of the contract possible in the first place and on whose compliance the Customer may regularly rely.
(3) Otherwise, liability for slight negligence is excluded. This also applies to Medxray’s vicarious agents.
(4) For loss of data, Medxray is only liable for the effort that would be required to restore the data if the Customer had made regular backups.
§ 10 Data protection
Medxray processes the Customer’s personal data in accordance with the privacy policy on xray4med.com.
§ 11 Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Nuremberg. Medxray may also sue the Customer at the Customer’s registered office.
§ 12 Final provisions
(1) Amendments and supplements to the contract must be made in text form.
(2) Should any provision of these T&Cs be invalid, the validity of the remaining provisions shall remain unaffected.
This English version is provided for convenience only. In case of discrepancies, the German version shall prevail.