General Terms and Conditions (GTC)
TriViva Pharm GmbH

Preamble

TriViva Pharm GmbH (hereinafter “TriViva Pharm”) maintains business relationships within the European Economic Area, in particular with entrepreneurs in the healthcare, medical, and pharmaceutical sectors (e.g. wholesalers, pharmacies, medical institutions, and other commercial customers).

The subject of the company’s business activities is the distribution of healthcare-related products within the framework of B2B business relationships.

1. General / Scope of Application

These General Terms and Conditions (GTC) form the basis of all legal transactions between TriViva Pharm and the contractual partner (hereinafter “Customer”).
By placing an order, the Customer accepts these GTC. Deviating terms and conditions of the Customer shall only apply if expressly agreed in writing by TriViva Pharm.
Amendments or supplements to agreements must be made in writing. A contract shall be deemed concluded upon receipt of the order, regardless of whether it is placed verbally, in writing, or electronically.

2. Services

TriViva Pharm supplies the products listed in the respective valid offer documents, price lists, or confirmations. Delivery is subject to availability.

3. Delivery Period

Delivery shall be made within the periods specified in the price list, order confirmation, or contract.
Should delivery delays exceptionally occur, delivery shall be made immediately after receipt of the goods. Exceeding delivery dates does not entitle the Customer to withdraw from the contract or to claim damages. Partial deliveries are permissible by mutual agreement.

4. Prices and Terms of Payment

Price changes are subject to reservation. Unless expressly agreed otherwise, invoice amounts are due for payment immediately without deduction. TriViva Pharm reserves the right to subsequently charge unjustified deductions and to charge default interest in the event of late payment.
In certain cases, TriViva Pharm is entitled to demand advance payment. Reminder and collection costs shall be borne by the Customer.

5. Shipping, Postage, Packaging

The method of shipment shall be selected at the discretion of TriViva Pharm.
Shipping, postage, and packaging costs shall be invoiced to the Customer separately, unless otherwise agreed. No additional shipping costs shall be charged for subsequent deliveries due to delivery delays.

6. Complaints, Warranty, and Liability

Complaints must be submitted in writing within 5 days of receipt of the goods.
Returns require prior approval by TriViva Pharm and will only be accepted in intact original packaging.
In the event of transport damage, appropriate confirmation from the carrier is required.
TriViva Pharm is entitled, at its own discretion, to remedy defects by replacement, credit note, or delivery of defect‑free goods. Further claims are excluded to the extent permitted by law.

7. Retention of Title

The delivered goods remain the property of TriViva Pharm until full payment of all claims has been made.
In the event of resale, the Customer assigns the resulting claims to TriViva Pharm.
The Customer is obliged to provide TriViva Pharm with information regarding the inventory and location of goods subject to retention of title.
In the event of breach of contract, in particular in the event of default of payment, TriViva Pharm is entitled to withdraw from the contract and reclaim the goods.

8. Obligations of the Customer

The Customer is obliged to use the products properly and to comply with all relevant documentation, instructions, and statutory requirements. When passing the products on to third parties, all necessary information must be provided.

9. Early Termination of Contract

If the Customer breaches the contract despite a warning, TriViva Pharm is entitled to terminate the contract prematurely without notice and without compensation, in particular in the event of violations of payment terms.

10. Assignment of Rights and Obligations

The assignment of rights and obligations arising from this contractual relationship requires the prior written consent of TriViva Pharm.

11. Amendments to the GTC

TriViva Pharm reserves the right to amend these GTC at any time.
Amendments shall be deemed approved unless the Customer objects in writing within one month.

12. Severability Clause

Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.

13. Place of Performance and Jurisdiction

The place of performance is the registered office of TriViva Pharm GmbH.
The place of jurisdiction shall be the registered office of TriViva Pharm, insofar as legally permissible.
Austrian law shall apply exclusively.

Version: February 2026