Terms and Conditions
General Terms and Conditions
By ticking the "I have read and agree"-box on the order form and submitting the order, you accept and agree to be bound by these terms and conditions. Maiwei (Europe) AG reserves the right to change these terms and conditions at any time without prior notice. Such changes however will have no effect on orders that were submitted before posting of such revised terms and conditions on this website.
All products and product information available through Maiwei (Europe) AG’s catalogue and website are intended solely for qualified healthcare professionals.
1. General Definitions
1.1 In these conditions, unless the context otherwise requires, the following expressions shall have the following meanings:
1.1.1 “Company” means Maiwei (Europe) AG and includes a successor in title to the business of Maiwei (Europe) AG.
1.1.2 “Customer” means the party having the right to enforce the supply by the company of goods and/or services of any description mentioned under the Terms of Use.
2. Prices
2.1 Unless another currency is expressly specified, all prices shall be in Euro (EUR) and exclusive of value-add tax.
2.2 Unless the Company stipulates or agrees otherwise, the Company’s prices are ex-works prices.
2.3 The Company’s list prices are subject to alteration without notice.
2.4 Quoted prices relate to the quantity of goods quoted and the yearly sales quota and may not be applicable if a different quantity of goods is ordered.
2.5 Delivery costs, where applicable, are payable by you as indicated on your invoice.
3 Quotations
3.1 Quotations by the Company shall be valid only for the period stated and if no period is stated, for 30 days from the date of the quotation.
4 Payment
4.1 You may pay for your products by the methods of payment displayed on the payment paragraph of the website.
4.2 You must pay in the currency as indicated on your invoice.
4.3 The Company’s invoices are due for payment strictly in accordance with the terms shown on the order acknowledgement and the invoice.
4.4 Except as the Company’s quotation/estimate may provide, no discounts are allowable, or be taken, against amounts invoiced by the Company, nor shall the Customer be entitled to any commission or rebate in respect thereof, and this notwithstanding any previous course of dealing between the Company and the Customer.
4.5 Unless otherwise mentioned, the prices do not include Value Added Tax, or any other tax, levy, duty or surcharge, whether imposed before or after the making of the contract.
4.6 When payment of any of the Company’s invoices is overdue, the Company may suspend any further deliveries for the period until the invoice is paid.
5 Placing Your Order
5.1 Using the website to place an order may require registration and subsequent access to those services will be subject to an approved login name and password. Information that you provide on this website and by email or letter must be accurate and complete. All Passwords details are accepted and may be withdrawn at our sole discretion and are exclusive to you and nontransferable.
5.2 To place an order, you must be a qualified healthcare professional, be accessible by telephone and have a valid email address.
5.3 You may place an order by:
5.3.1 Filling in the order form on the website after logging into or creating your account and clicking on the appropriate submission button.
5.3.2 Filling in the order form found in Documents after logging into or creating your account and sending it to the mentioned email-address.
5.4 When you place your order, the Company will issue you with an Order Number via the website. Please note the Order Number is supplied for reference purposes only and does not constitute our acceptance of your order.
5.5 If the Company accepts your order, Maiwei (Europe) AG will notify you of our acceptance by issuing an order confirmation. Maiwei (Europe) AG will send your order confirmation to you by e-mail. If the Company cannot accept your order, Maiwei (Europe) AG will attempt to contact you by email or telephone.
6 Delivery
6.1 Delivery shall be in accordance with Incoterms 2020.
6.2 Any delivery dates given by Maiwei (Europe) AG are best estimates only and the Company shall not be liable for any loss, damage, costs or expenses for failure to deliver in accordance with the delivery or shipment dates given.
6.3 When the Company is required to deliver the goods, the Company shall have the sole discretion as to the mode of transport to be adopted.
6.4 In the event any of the products ordered is out of stock, this may mean the whole order is delayed. If so, an estimate of the delay will be given by email. The Company may deliver goods by instalments.
6.5 When products have been delivered to the carrier, the Company will send you a confirmation of shipment by email provided you have indicated an email-address on the order form.
7 Non-Delivery and Damage in Transit
7.1 Claims for non-delivery, shortage in delivery and damage in transit will be entertained only if the Customer has observed whichever of the following procedures is appropriate.
7.2 Examine the goods immediately on delivery in order to establish any loss or damage. In the event of apparent damage or shortage, make a reservation on the Consignment Note / Delivery Note stating nature and cause of loss or damage. This reservation is to be followed up by a written claim to Carriers, Hauliers or other Third Parties. If the loss or damage was not apparent at the time of taking delivery, give notice in writing to the Carriers, Hauliers or other Third Parties within 3 days of delivery.
7.3 If the loss or damage may result in a claim under the insurance, immediate notice must be given to the Average Agent named by the Company in order that he may examine the goods and issue a Survey Report.
7.4 In any case contact the Company for further guidelines for handling above.
8 Variation and Cancellation
8.1 Following acceptance, orders may only be cancelled if the product is currently out of stock or its manufacture has not yet begun. Requests for cancellation must be made in writing. Variations can only be accepted if the goods have not been manufactured or despatched. Any variations must be notified in writing to the email-address mentioned in paragraph 12.1.
9 Returns
9.1 Goods sold to the Customer may only be returned to the Company provided that the following conditions have been met:
9.1.1 The written consent of the Company must have been given prior to any return.
9.1.2 The goods must be in new and unused condition, of current type or model and must not have been made or obtained to the Customer’s special order.
9.1.3 Return to the Company is to be made within 30 days of the invoice date.
9.1.4 In all cases where goods are returned to the Company, it is a condition that they are returned in the original packaging and are shipped for the Customer’s account and risk. If the goods are returned in order for the Company to provide a replacement delivery, the new goods shall be delivered in the same manner as the original consignment. The Company may reserve the right to decline returns should the above mentioned conditions not have been met.
9.2 If a Product was supplied in error or is incomplete without it being an instalment, please call Maiwei (Europe) AG between 9:00 AM and 5:00 PM, or write an email to info@maiwei-eu.com, Monday to Friday. If you are entitled to a replacement, the transportation charges will not be applied.
10 Warranty
10.1 The liability of the Company under its warranty in relation to goods shall be subject to the following:
10.1.1 The Company warrants that each of the Company’s products is free from defects in material and workmanship under normal use and service for a period of one year after delivery has been effected by the Company to the first Customer. If any defect might occur during the period of warranty, the Customer is to contact the local agent/distributor and/or the Company directly.
10.1.2 Upon receipt of the defective goods, the Company undertakes to arrange for replacement, respectively, within the terms of the warranty. The defective products are to be returned as mentioned in paragraph 9.
11 Maiwei (Europe) AG Liability
11.1 These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the products and the performance of any services.
11.2 The Company is responsible for injuries to persons in accordance with the law of product liability.
11.3 The Company is not responsible for any injury to real property or movable property which may occur, when the product is in possession of the Customer. The Company is only liable for damage to real or movable property in the event that it can be proven that the damage is due to mistake or negligence made by the Company or others for whom the Company is liable.
11.4 The Company is not liable for loss of profits, loss of earnings or any other indirect losses.
11.5 In the event that the Company might be imposed product liability towards a third party, the Customer is liable to indemnify the Company to the same extent as the Company’s liability is limited according to the previous items.
11.6 These limitations of the Company’s liability are not valid if the Company has shown gross negligence.
11.7 If a third party presents a claim for liability for damages against one of the parties according to this point, the first party is obliged to inform the other party of the claim immediately.
11.8 The Customer is obliged to let legal action be taken against him in court of law or court of arbitration that tries the claims for damages made against the Company on the grounds of damage which is maintained to have been caused by the products.
12 Contacting Maiwei (Europe) AG Online Store
12.1 You can contact Maiwei (Europe) AG Online Store:
By telephone: +41 71 535 58 28 between 09:00 AM and 05:00 PM Monday to Friday
By e-mail: info@maiwei-eu.com