Loan Ultrasound Probe Terms & Conditions
SonoRef Healthcare GmbH
1. Definitions
1.1 "SonoRef" means SonoRef Healthcare GmbH, including its authorized representatives.
1.2 "Customer" means the legal entity receiving the Loan Equipment.
1.3 "Loan Equipment" means any ultrasound probe provided temporarily by SonoRef.
1.4 "Delivery Date" means the date confirmed by carrier tracking as delivered.
1.5 "Loan Period" begins on the Delivery Date and ends upon confirmed return receipt by SonoRef.
1.6 "Calendar Days" means consecutive days including weekends and holidays.
1.7 "Replacement Value" means the current market replacement price as determined by SonoRef.
1.8 "Written Form" includes email communication and digitally documented CRM confirmations.
2. Scope & Acceptance
2.1 These Terms apply to all loan ultrasound probes provided by SonoRef.
2.2 Acceptance occurs by:
- Physical receipt of the Loan Equipment
- Digital confirmation
- Email confirmation
- Acceptance within CRM workflow
- Use of the Loan Equipment
2.3 These Terms supersede any conflicting Customer conditions unless explicitly agreed in writing.
3. Ownership & Risk Transfer
3.1 Loan Equipment remains the sole property of SonoRef at all times.
3.2 Risk transfers to the Customer upon Delivery Date.
3.3 Risk remains with the Customer until confirmed receipt by SonoRef.
4. Authorized Use
4.1 Use is limited strictly to:
- The Customer
- The Customer's employed medical professionals
4.2 Transfer, sublease, lending, or third-party use is strictly prohibited.
4.3 The Customer remains fully liable for any third-party handling.
5. Handling, Care & Compliance
5.1 Equipment must be handled in accordance with:
- Manufacturer instructions
- Medical device standards
- Applicable hygiene regulations
5.2 Only manufacturer-approved cleaning agents and procedures may be used.
5.3 Opening, modifying, disassembling, or tampering with the probe is strictly prohibited.
Violation results in:
- Immediate special inspection
- Full cost liability
- Possible full replacement invoicing
6. Insurance Requirement
6.1 The Customer must ensure adequate insurance coverage for the Replacement Value of the Loan Equipment during the Loan Period.
6.2 Upon request, proof of insurance must be provided.
Failure to maintain adequate coverage does not limit Customer liability.
7. Loan Fee Triggers
Loan fees apply according to the tariff table (Section 13) under the following conditions:
7.1 No Repair Device Submitted
If no defective probe arrives at SonoRef, is scheduled for pickup, or is formally registered within 5 Calendar Days after Delivery Date, fees apply from Day 6.
7.2 No Response to Repair Quotation
If no written acceptance or rejection is received within 7 Calendar Days after quotation issuance, fees apply from Day 8.
7.3 Delayed Return After Repair Completion
If repaired equipment has been delivered and the Loan Equipment is not returned within 4 Calendar Days, fees apply from Day 5.
7.4 Incorrect Probe Ordered
If Customer orders incorrect type, fees apply from Delivery Date until confirmed return.
7.5 No Service Transaction
If Loan Equipment is returned without repair order, inspection, exchange, or sales transaction, fees apply retroactively from Delivery Date.
8. Damage, Loss & Liability
8.1 Any damage must be reported within 24 hours of detection.
8.2 Continued use of damaged equipment is prohibited.
8.3 SonoRef determines repair feasibility, repair cost, and replacement value.
8.4 Customer bears full cost for damage, theft, loss, third-party interference, and unauthorized opening.
8.5 If repair is not economically feasible, Replacement Value will be invoiced.
9. Security Seal Policy
9.1 Removal or damage of a security seal results in mandatory special inspection.
9.2 Inspection fees apply per tariff table.
9.3 If broken seal + internal defect is confirmed, full repair or replacement cost applies.
9.4 Missing seal upon delivery must be reported immediately in writing.
10. Mandatory Return
10.1 If SonoRef requests return in writing, immediate compliance is required.
10.2 Failure to return after formal notice constitutes wrongful retention.
10.3 SonoRef may invoice full Replacement Value and initiate legal recovery measures.
11. Inspection Upon Return
11.1 All returned equipment undergoes technical inspection.
11.2 Inspection findings are binding unless demonstrably incorrect.
11.3 Inspection results may trigger repair charges, cleaning fees, replacement invoicing, or special inspection fees.
12. Payment Terms
12.1 All fees are exclusive of VAT.
12.2 Invoices are payable within 14 days from invoice date unless otherwise agreed.
12.3 Late payment may result in:
- Statutory interest
- Collection costs
- Suspension of further loan services
13. Loan Categories & Tariff Table (Excl. VAT)
Loan Fees
| Type | Per Day | Per Week | Per Month |
|---|---|---|---|
| Standard | €60 | €390 | €1,390 |
| Special | €90 | €590 | €2,190 |
| 3D / 4D | €100 | €650 | €2,350 |
| TEE Standard | €130 | €830 | €2,950 |
| TEE Special | €180 | €1,150 | €4,150 |
Probe Inspection Fees
| Type | Fee |
|---|---|
| Standard | €189 |
| 3D/4D | €219 |
| TEE | €289 |
SonoRef reserves the right to adjust pricing with prior notice.
14. Force Majeure
SonoRef shall not be liable for delays caused by events beyond reasonable control including logistics disruptions, governmental actions, or supply chain interruption.
15. Limitation of Liability
15.1 SonoRef is not liable for indirect damages, business interruption, or consequential losses arising from loan equipment usage.
15.2 Liability for intent or gross negligence remains unaffected.
16. Governing Law & Jurisdiction
16.1 These Terms are governed by Austrian law.
16.2 Exclusive jurisdiction: Graz, Austria.
17. Severability Clause
If any provision is deemed invalid, remaining provisions remain unaffected.
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