Search
No search results found
No search results found
These General Terms and Conditions ("Terms") apply to all sales of products by Mareli Medical AB ("Mareli Medical", "Mareli", "we", "us" or "our"), including purchases made through our websites, by email, by telephone or through any other sales channel.
Mareli Medical sells exclusively to businesses and professional customers acting within the course of their trade, business or profession. We do not sell to consumers.
By placing an order, the Customer confirms that:
the purchase is made exclusively for business or professional purposes;
the Customer is legally entitled and professionally qualified, where required, to purchase, possess, handle, resell and/or use the Products;
the person placing the order is authorised to bind the Customer;
all information supplied to Mareli Medical is complete and accurate.
Mareli Medical may at any time request documentation confirming the Customer's professional status, company registration, VAT registration, healthcare licence, professional qualification or other relevant authorisation.
Mareli Medical reserves the right to refuse, suspend or cancel any order if these requirements are not satisfied.
These Terms expressly exclude sales to consumers. If a purchase is nevertheless determined by mandatory law to constitute a consumer transaction, mandatory consumer legislation shall apply to the extent that it cannot lawfully be excluded.
Mareli Medical AB
Organisation number: 559025-3406
VAT number: SE559025340601
Address: Dockplatsen 1, Floor 7, 211 19 Malmö, Sweden
Telephone: +46(0)21-244 00
Email: [email protected]
Products supplied by Mareli Medical may include medical devices, products regulated under Regulation (EU) 2017/745, sterile products, injectable products and other products intended exclusively for professional use.
The Customer is solely responsible for ensuring that the purchase, possession, importation, storage, resale and use of the Products is lawful in the country or jurisdiction in which the Customer operates.
Products may only be used by persons who possess all qualifications, licences, training and authorisations required by applicable law.
The Customer is responsible for all clinical assessments, patient selection, treatment decisions, injection techniques, dosages, procedures and aftercare.
Mareli Medical does not provide medical advice through its website, marketing material, customer service or product descriptions.
Products must always be used in accordance with the manufacturer's current labelling, Instructions for Use ("IFU"), intended purpose, contraindications, warnings, storage requirements and applicable laws and professional standards.
Where information on Mareli Medical's website differs from the manufacturer's official labelling or IFU, the manufacturer's current official documentation shall prevail.
An order submitted by the Customer constitutes an offer to purchase Products from Mareli Medical.
An automated order acknowledgement does not constitute acceptance of the order.
A binding agreement is formed only when Mareli Medical has expressly accepted the order or dispatched the Products, whichever occurs first.
Mareli Medical reserves the right, before dispatch, to reject or cancel an order for reasons including but not limited to:
incorrect prices or product information;
technical or system errors;
stock discrepancies;
payment or credit issues;
suspected fraud;
regulatory restrictions;
export or sanctions restrictions;
suspected unauthorised purchase or resale;
or circumstances that make fulfilment unlawful or commercially unreasonable.
Mareli Medical may limit quantities or restrict sales of individual Products, brands or product categories.
Once an order has been accepted by Mareli Medical, the Customer has no contractual right to cancel or amend the order.
Any cancellation or amendment accepted by Mareli Medical is entirely at Mareli Medical's discretion and must be confirmed in writing.
Mareli Medical may charge reasonable administrative, handling, shipping or other costs arising from an approved cancellation or amendment.
Unless otherwise expressly stated, all prices are stated exclusive of VAT, duties, customs charges and shipping costs.
VAT and other applicable charges will be added where required.
Mareli Medical may change prices at any time without prior notice.
Prices displayed incorrectly as a result of obvious typographical, technical, currency, system or pricing errors are not binding on Mareli Medical.
Special prices, customer-specific agreements, discount structures and promotional prices may be changed or withdrawn in accordance with the terms applicable to the relevant agreement.
Payment shall be made using the payment methods and according to the payment terms made available to the Customer.
The Customer is responsible for ensuring that it is authorised to use the selected payment method.
Mareli Medical may require advance payment, modify credit limits or withdraw previously granted credit terms at any time where reasonably justified by the Customer's financial position, payment history or credit risk.
Overdue amounts may be subject to statutory or agreed default interest, reminder fees, collection costs and other costs permitted by applicable law.
The Customer may not withhold, deduct or set off payment against any alleged counterclaim unless such counterclaim has been expressly acknowledged in writing by Mareli Medical or finally determined by a competent court.
To the extent permitted by applicable law, title to Products remains with Mareli Medical until full payment for the relevant Products has been received.
Delivery dates are estimates unless expressly agreed in writing as binding.
Mareli Medical is not liable for delays caused by carriers, customs authorities, regulatory authorities, manufacturers, suppliers or circumstances outside Mareli Medical's reasonable control.
Unless otherwise stated in the order confirmation:
where Mareli Medical arranges and pays for carriage, delivery shall be CPT Customer's stated delivery destination, Incoterms® 2020, and the risk of loss or damage passes to the Customer when the Products are handed over to the first carrier;
where the Customer arranges collection or its own carrier, delivery shall be FCA Mareli Medical's designated dispatch location, Incoterms® 2020.
The Customer must ensure that the delivery address is correct and that an authorised person is available to receive the shipment.
Mareli Medical is not responsible for loss, delay, additional freight charges or other costs resulting from incorrect delivery information supplied by the Customer, failed delivery attempts or the Customer's failure to receive the shipment.
For deliveries outside the European Union, the Customer is responsible for all import requirements, permits, product registrations, customs clearance, duties, taxes and other local regulatory requirements unless expressly agreed otherwise in writing.
The Customer shall not refuse delivery solely because of delays that do not substantially affect the usability of the Products.
En sak jag skulle ändra från er gamla version här: ni har idag DAP Malmö för EU-leveranser. Med DAP ligger risken hos säljaren ända till den angivna destinationen. CPT passar betydligt bättre om Mareli vill betala frakten men låta transportrisken gå över när godset lämnas till transportören. ICC beskriver just CPT så.
The Customer must inspect the shipment immediately upon receipt.
Visible transport damage, damaged packaging or missing packages must be reported to the carrier at the time of delivery whenever possible and to Mareli Medical without undue delay.
Any discrepancy relating to quantity, incorrect Products or visible damage must be reported to Mareli Medical within five (5) business days of delivery.
A Customer who fails to inspect the Products or notify Mareli Medical within the applicable period shall, to the maximum extent permitted by law, be deemed to have accepted the Products in respect of defects or discrepancies that should reasonably have been discovered during such inspection.
Products with damaged sterile packaging, compromised seals or suspected damage must not be used.
All purchases are business-to-business transactions. No statutory or contractual consumer right of withdrawal applies.
Mareli Medical does not offer:
right of withdrawal;
open purchase;
exchange rights;
sale-or-return;
or discretionary returns.
Due to the nature of the Products, including requirements relating to sterility, hygiene, product integrity, traceability, storage conditions and quality assurance, correctly supplied Products cannot be returned, even if the outer packaging or sterile packaging remains unopened.
All sales are final once the order has been accepted by Mareli Medical.
A return may only be made where:
Mareli Medical has expressly authorised the return in writing;
the Product has been incorrectly supplied by Mareli Medical;
a valid product defect claim has been accepted by Mareli Medical;
or a return is required as part of a manufacturer or regulatory recall.
No Product may be returned without prior written return authorisation from Mareli Medical.
Unauthorised returns may be refused and returned to the Customer at the Customer's expense.
Acceptance of returned goods for inspection does not constitute acceptance of liability or acknowledgement that the Product is defective.
A complaint concerning an alleged defect must be submitted to Mareli Medical without undue delay after the defect is discovered.
The Customer must provide all information reasonably requested by Mareli Medical, including where applicable:
order number;
product name;
quantity;
batch or LOT number;
UDI or other identification;
expiry date;
photographs;
description of the alleged defect;
storage conditions;
and information concerning the circumstances in which the issue was discovered.
The Customer must retain the affected Product, packaging, labels and associated documentation until Mareli Medical confirms in writing how they should be handled.
A Product suspected of being defective, contaminated, counterfeit, damaged or otherwise unsafe must not be used.
Where a complaint is accepted by Mareli Medical, Mareli Medical may, at its option and to the maximum extent permitted by applicable law:
replace the affected Product;
issue a credit;
repair or remedy the defect where appropriate;
or refund the purchase price paid for the affected Product.
These remedies shall constitute the Customer's exclusive contractual remedies in respect of the defective Product, except where mandatory law provides otherwise.
Normal variations in packaging, labelling, manufacturing batches or product presentation do not constitute a defect where the Product otherwise conforms to the applicable regulatory and contractual requirements.
A particular batch, manufacturing date, expiry date or minimum remaining shelf life is only guaranteed where expressly confirmed in writing by Mareli Medical before purchase.
The Customer must immediately notify Mareli Medical of any suspected serious incident, product safety issue, falsified Product, regulatory concern or complaint relating to a Product where notification may be required under applicable medical-device legislation.
The Customer shall cooperate fully with Mareli Medical, manufacturers, authorised representatives, importers and competent authorities in relation to:
product investigations;
field safety corrective actions;
withdrawals;
recalls;
safety notices;
and regulatory reporting.
The Customer must not destroy, dispose of, return to another party or otherwise alter a Product that is subject to a safety investigation without Mareli Medical's prior instructions, unless required by law.
Where required by applicable law, the Customer must maintain sufficient traceability records to identify the Products it has received and to whom Products have subsequently been supplied.
Following transfer of risk, the Customer is responsible for ensuring that Products are transported, stored and handled in accordance with the manufacturer's requirements.
Mareli Medical shall not be liable for deterioration, loss of sterility, loss of effectiveness, damage or other defects arising after transfer of risk as a result of:
incorrect storage;
temperature excursions;
freezing or excessive heat;
exposure to light or moisture;
physical damage;
broken packaging;
contamination;
incorrect transportation;
use after expiry;
reuse of single-use Products;
or handling contrary to the manufacturer's instructions.
The Customer assumes full responsibility for the professional and clinical use of the Products after delivery.
To the maximum extent permitted by law, Mareli Medical shall not be liable for losses, injury, complications or adverse outcomes arising from:
incorrect administration;
incorrect injection technique;
incorrect patient selection;
failure to identify contraindications;
use outside the manufacturer's intended purpose;
use contrary to the IFU;
use by an unqualified or unauthorised person;
combination with other products or substances not authorised by the manufacturer;
alteration, relabelling, repackaging or modification of Products;
use of expired or compromised Products;
or any other act or omission by the Customer or a third party outside Mareli Medical's control.
The Customer is solely responsible for ensuring that resale, distribution and use of Products comply with applicable national laws.
The Customer may not remove, alter, obscure or replace:
CE markings;
UDI information;
batch information;
manufacturer information;
importer information;
expiry dates;
warnings;
Instructions for Use;
or other regulatory labelling,
except where expressly permitted by applicable law.
The Customer is responsible for obtaining any licences, registrations, permits or approvals necessary for importation, resale or use in the destination country.
The Customer may not resell or export Products in violation of applicable sanctions, export controls, trade restrictions or other applicable laws.
Mareli Medical takes reasonable steps to provide accurate product information.
However, images, descriptions and other website content may be illustrative and may be updated without notice.
Website information is not intended to replace official manufacturer documentation, professional judgement, medical advice or regulatory information.
Mareli Medical does not guarantee that the website will at all times be uninterrupted, error-free, complete or free from technical errors.
Obvious typographical errors, pricing errors or technical errors do not create binding obligations.
To the maximum extent permitted by applicable law, Mareli Medical shall not be liable for any indirect, consequential, incidental, special or economic loss, including but not limited to:
loss of profit;
loss of revenue;
loss of contracts;
loss of business;
loss of customers or patients;
loss of opportunity;
loss of goodwill;
business interruption;
loss of production;
or claims arising from the Customer's own contractual commitments to third parties.
To the maximum extent permitted by applicable law, Mareli Medical's aggregate contractual liability arising from or relating to an individual order shall not exceed the net purchase price actually paid to Mareli Medical for the specific Product or Products giving rise to the claim.
Mareli Medical shall not be liable for any loss to the extent that such loss results from the Customer's failure to comply with these Terms, applicable law, the manufacturer's IFU, product labelling or professional standards.
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by mandatory applicable law, including mandatory product liability.
To the maximum extent permitted by applicable law, the Customer shall indemnify and hold Mareli Medical harmless against third-party claims, losses, damages, penalties, costs and reasonable legal expenses arising from:
the Customer's unlawful or improper use of Products;
clinical treatment carried out by the Customer or persons under its responsibility;
storage or handling after transfer of risk;
unauthorised resale or distribution;
breach of applicable regulatory requirements;
breach of these Terms;
or negligent or intentional acts or omissions by the Customer.
This indemnity does not apply to the extent that the relevant claim results directly from a defect or act for which Mareli Medical is liable under mandatory law.
Product availability is subject to stock, manufacturer supply, regulatory restrictions and other circumstances.
Mareli Medical does not guarantee continued availability of any Product.
Mareli Medical may discontinue a Product, temporarily suspend sales or limit order quantities without liability.
Unless expressly agreed otherwise, Mareli Medical is not liable for a Customer's inability to obtain future quantities of a Product.
Mareli Medical shall not be liable for delay, failure to deliver or other failure to perform caused by circumstances outside Mareli Medical's reasonable control.
Such circumstances include, without limitation:
natural disasters;
war;
terrorism;
civil unrest;
epidemics or pandemics;
government actions;
changes in law or regulation;
sanctions;
customs delays;
import or export restrictions;
transport disruption;
carrier failure;
strikes;
labour disputes;
cyberattacks;
IT or telecommunications failures;
power outages;
manufacturer shortages;
supplier failures;
production interruptions;
or shortages of raw materials.
During such circumstances, Mareli Medical may suspend performance, extend delivery times, allocate available stock between customers or cancel affected orders without liability for consequential losses.
All website content, trademarks, texts, images, designs and other materials belonging to Mareli Medical or its licensors are protected by applicable intellectual-property laws.
Nothing in a purchase grants the Customer any right to reproduce or commercially exploit Mareli Medical's intellectual property without prior written permission.
Personal data is processed in accordance with Mareli Medical's Privacy Policy and applicable data-protection legislation.
Payment information may also be processed by independent payment-service providers in accordance with their respective terms and privacy policies.
These Terms apply notwithstanding any terms contained in a Customer's purchase order, procurement document, email or other communication.
Any Customer terms are expressly rejected unless specifically accepted in writing by an authorised representative of Mareli Medical.
The order confirmation, any separately signed commercial agreement and these Terms constitute the agreement between Mareli Medical and the Customer in relation to the relevant order.
Where a separately signed agreement expressly conflicts with these Terms, the separately signed agreement shall prevail to the extent of that conflict.
The Customer may not assign or transfer its rights or obligations under an order without Mareli Medical's prior written consent.
Mareli Medical may assign receivables and other rights arising under an agreement to another company or financing provider.
If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision shall be limited or modified to the minimum extent necessary and the remaining provisions shall remain in full force.
Failure by Mareli Medical to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.
A waiver is only effective if made expressly in writing.
These Terms and all agreements between Mareli Medical and the Customer shall be governed exclusively by Swedish law, without regard to conflict-of-law rules.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
The parties shall initially attempt in good faith to resolve any dispute through negotiation.
Any dispute arising out of or in connection with these Terms, an order or the business relationship between Mareli Medical and the Customer shall be subject to the exclusive jurisdiction of Malmö District Court (Malmö tingsrätt), Sweden, as court of first instance.
Nothing in this clause prevents Mareli Medical from pursuing undisputed debts, interim measures or protective measures in another competent jurisdiction where permitted by law.
Mareli Medical may amend these Terms from time to time.
The version applicable to an individual order is the version in force when the relevant order is accepted, unless the parties expressly agree otherwise.
