1. Scope of application

a. STORZ MEDICAL AG, Lohstampfestrasse 8, 8274 Tägerwilen (Switzerland), operates the website www.storzmedical.com/en (hereinafter referred to as the “website”) and provides users of this website with the Internet services available at www.karlstorzlitho.com subject to the following Terms and Conditions.

b. These General Terms and Conditions (hereinafter referred to as “T&C”) apply to all users of the website when they first access the internet services provided on the website. These T&C are supplemented by the Privacy Policy in its current version. In the event of any conflict between these T&C and the Privacy Policy, the Privacy Policy shall prevail.

c. STORZ MEDICAL AG hereby objects to users´ own terms and conditions of business and/or purchase. Individual agreements remain unaffected by this.


2. Copyright and property rights

a. STORZ MEDICAL AG is the owner of all property rights, protective rights and copyrights with regard to its own entries, the database and other own contents of this website. STORZ MEDICAL AG, as the owner of the database, has the exclusive right to reproduce, distribute and publicly display the database as a whole or a substantial part of the database in terms of its nature or scope. Any use of these protected rights not expressly permitted in writing is expressly prohibited.

b. With respect to entries and contents uploaded by users on this website intended for being accessed by other users, the uploading user retains the property rights, industrial property rights and copyrights. To the extent necessary, the uploading user grants STORZ MEDICAL AG a simple right of use of these contents for the purpose of being accessed by other users on this website, without STORZ MEDICAL AG thereby making the third-party content its own.


3. Limitation of liability

a. STORZ MEDICAL AG shall be liable in accordance with the statutory provisions for intent and gross negligence on the part of its legal representatives, executive employees or other vicarious agents. The same shall apply in the event of the assumption of guarantees or other strict liability as well as in the event of claims for culpable injury to life, limb or health.

b. STORZ MEDICAL AG shall be liable for ordinary negligent breaches of essential contractual obligations caused by its representatives, executive employees and simple vicarious agents. Essential obligations are those whose breach jeopardises the achievement of the purpose of the contract or whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance users regularly rely. In this case, STORZ MEDICAL AG shall only be liable for the foreseeable damage typical for the contract. STORZ MEDICAL AG shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences. Further liability by STORZ MEDICAL AG is excluded.

c. Insofar as the liability of STORZ MEDICAL AG is excluded or limited, this shall also apply in favour of the personal liability of its legal representatives, executive employees and ordinary vicarious agents.


4. Waiver

a. The user shall indemnify STORZ MEDICAL AG against all claims asserted by other users or other third parties against STORZ MEDICAL AG due to infringement of their rights by entries posted or other contents by the user or due to the user's misuse of this website.

b. The user shall bear the costs of the necessary legal defence of STORZ MEDICAL AG including all court and lawyer's fees in the statutory amount..

c. This shall not apply if the user is not responsible for the infringement of rights.

d. In the event of a claim by a third party, the user is obliged to provide STORZ MEDICAL AG immediately, truthfully and completely with all information required for the examination of the claims and the legal defence.


5. Final provisions

a. Should individual provisions of these T&C be or become void or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. Statutory law shall take the place of provisions of these T&C that are not included or are invalid. If such statutory law is not available in the respective case (loophole) or would lead to an unacceptable result, the parties shall enter into negotiations to replace the non-included or invalid provision with a valid provision that comes as close as possible to it in economic terms.

b. The law of the Swiss Confederation shall apply exclusively, excluding the conflict of laws rules of private international law and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive jurisdiction is Kreuzlingen (Switzerland), insofar as the user is a merchant. STORZ MEDICAL AG is also entitled to sue at the general place of jurisdiction of the user.

c. STORZ MEDICAL AG is neither prepared nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

d. STORZ MEDICAL AG reserves the right to change this website and these T&C in whole or in part at any time without notice, at its sole discretion.


Important notice for our customers worldwide

Certain equipment or products designed for specific applications may not be registered with the appropriate authorities or agencies in all countries and therefore may not be available in certain countries. Before ordering, using or planning to use a product, the local subsidiary of STORZ MEDICAL should be contacted to verify the availability and approval for use of the product in your country.

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