Terms and Conditions (July 1, 2026)
§ 1 Scope of Application
(1) These General Terms and Conditions apply to business transactions with business entities, legal entities under public law, and special funds under public law, provided that their applicability has been agreed upon.
(2) The product-specific BioARCHIVE Terms of Use also apply to BioARCHIVE. In cases involving product-specific matters, these Terms of Use take precedence over these General Terms and Conditions.
(3) If, in individual cases, the customer’s general terms and conditions or terms of purchase are agreed upon in lieu of these General Terms and Conditions, these MEDEORA General Terms and Conditions shall not apply. The BioARCHIVE Terms of Use remain unaffected by this, unless a specific deviation is expressly agreed upon.
(4) Individually negotiated agreements take precedence.
§ 2 Conclusion of the Contract and Offers
Offers from MEDEORA are binding for the period specified in the offer; if no period is specified, they are binding for 30 days. The contract is concluded upon acceptance of the offer, confirmation of the order, or commencement of the agreed-upon service. Technical specifications are service descriptions and constitute guarantees only if they are expressly designated as such.
§ 3 Services and Participation
MEDEORA may engage third parties suitable for the provision of services. The customer shall provide the necessary cooperation in a timely manner, including, in particular, designated contacts, system access, technical information, and the agreed-upon infrastructure. Any additional costs resulting from a lack of or delayed cooperation may be billed separately after prior notification.
§ 4 Prices, Travel Expenses, and Payment
Prices are net, plus applicable sales tax. Travel expenses and additional costs will be billed as specified in the quote or as previously agreed. Payment terms for software licenses are primarily governed by the license agreement and the BioARCHIVE Terms of Use.
§ 5 Deadlines, Force Majeure, and Breaches of Contract
Deadlines are binding only if they have been expressly agreed upon as binding. In the event of force majeure or comparable events for which MEDEORA is not responsible, deadlines shall be extended appropriately. The statutory rights of the parties remain unaffected.
§ 6 Training, Counseling, and Additional Services
Training, consulting, installations, migrations, and other additional services will be provided in accordance with the agreed-upon proposal. Services not included in the scope of the license must be paid for separately, provided the customer was informed of the fees prior to placing the order.
§ 7 Warranty and Liability for Other Services
For services other than the provision of the BioARCHIVE software, the statutory rights regarding defects apply, unless otherwise validly agreed.
MEDEORA bears unlimited liability in cases of willful misconduct and gross negligence, in cases of injury to life, body, or health, and in cases of mandatory statutory liability. In the event of a breach of material contractual obligations due to slight negligence, liability is limited to foreseeable damages typical for this type of contract; otherwise, liability for slight negligence is excluded to the extent permitted by law.
§ 8 Intellectual Property Rights and Documents
MEDEORA retains all intellectual property rights to offers, concepts, documentation, training materials, drawings, and other documents. Any use beyond the scope of the contract or disclosure to third parties requires prior consent, unless prohibited by law.
§ 9 Confidentiality
Both parties shall treat the other party’s confidential information as such and shall use it solely for the purposes of this contract. This confidentiality shall remain in force beyond the end of the contract. Disclosures required by law shall remain permissible.
§ 10 Final Provisions
German law shall apply. To the extent permitted by law, the place of jurisdiction is Cologne. Any amendments or additions must be made in writing, unless a more stringent form is required by law. Should any provisions be invalid, the remainder of the contract shall remain valid; the statutory provisions shall apply.
