AGB

Klindwort - Medical GmbH | Bad Schwartau General Terms and Conditions

  1. General

These general terms and conditions of business are an integral part of all offers and contracts for the supply of goods by us. Deviating agreements and terms and conditions are only binding for us if they have been accepted by us in writing. We reserve unrestricted property rights and copyrights to our cost estimates, drawings and documents issued by us. The passing on to third parties requires our written consent.

  1. Placing of order

The supplier's offers are subject to change and non-binding. The documents enclosed with an offer are only approximately authoritative and are not deemed to be assured. Only those properties which are expressly marked as such are warranted within the meaning of Section 459 (2) of the German Civil Code (BGB). A reference to standards shall in principle only constitute a more detailed definition of the goods. In general, our offers are valid for 2 weeks. Unforeseen price increases of our suppliers will be passed on to the client. The discounts granted remain unconsidered. We reserve the right to make a moderate correction to our conditions in the event of unforeseeable cost increases for which we are not responsible. Otherwise, the current price list shall apply. All agreements, in particular those with our sales representatives, shall only become binding after written confirmation by us. The contract shall be deemed to have been concluded if the order confirmation is issued within 28 days or if delivery is made within the same period. Our prices are always quoted ex place of dispatch. For additional costs, please refer to Article 3: Terms of Delivery. All prices quoted by us are in principle exclusive of statutory value added tax. We reserve the right to pass on official requirements and the resulting costs to the customer.

Returns will only be accepted by prior arrangement. We reserve the right to charge a handling fee of 10% of the value of the goods in the event of incorrect orders by the customer. If the goods are ordered on the instructions of the customer, a return is generally not possible. As a gesture of goodwill, we may take the goods on consignment. If the goods are sold to a new customer, a handling fee of 10 % of the value of the goods obtained shall be charged. Otherwise, the goods are to be taken back. In such a case, freight or transport costs shall be borne by the customer. Sterile goods and medicines are excluded from exchange.

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  1. Delivery conditions

Delivery deadlines shall only be deemed to have been promised if they have been confirmed by us in writing. Compliance with delivery deadlines shall in any case be conditional upon the customer providing all documents, releases of plans and official approvals required for the fulfilment of this order in good time. A further prerequisite for punctual delivery is the consideration of the expected delivery times of our suppliers. In the event of events outside the sphere of operations, such as force majeure, riots, war and labour disputes, there shall be no delay in delivery. The customer shall grant the supplier a reasonable period of time to fulfil the order after normal production conditions have been restored. The same applies if these events affect our suppliers. Claims for damages due to delayed delivery shall be limited exclusively to cases of wilful or grossly negligent delay. The goods shall be shipped in all cases at the risk and expense of the buyer. This also applies if carriage paid delivery has been agreed and the installation has been undertaken by us. Klindwort Medical GmbH is entitled to make partial deliveries.

  1. Acceptance, notice of defects, liability, warranty
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The buyer must inspect the goods immediately after receipt. If the customer is a registered trader, the contract shall be deemed to have been fulfilled unless notice of incorrect deliveries, shortages or other defects has been given within 5 working days of receipt. Non-merchants must give notice of wrong deliveries, missing quantities or other defects within 14 days after receipt of goods and invoice. For all articles delivered by us, we assume the guarantee in accordance with the manufacturer's product liability.

  1. Reservation of title

The object of purchase remains our property until all claims have been settled. The retention of title shall also apply to all claims which the buyer subsequently acquires in connection with the object of purchase due to repairs or spare parts deliveries as well as other services.

If the buyer is a legal entity under public law, a special fund under public law or a merchant for whom the contract is part of the operation of his commercial business, the retention of title shall also apply to claims which the seller has against the buyer from his current business relations. In the case of payment by bill of exchange or cheque, the reservation of title shall remain in force until they have been honoured. In the event of default of payment by the buyer, the buyer shall be obliged to surrender the goods subject to retention of title. If there are serious doubts about the creditworthiness of the buyer, we are entitled to withdraw from the contract. This shall also apply if fulfilment of the contract is not effected by concurrent performance or provision of security. To buyers not known to us, delivery shall generally be made against advance payment or cash on delivery.

  1. Mode of payment

Invoices are payable within 14 days net without any deductions. Please refer to your invoice for your personal terms of payment. Payment is deemed to have been made on the date on which the money is received or credited to our bank account. Credit notes are to be discounted if the invoices on which they are based are paid with a discount. Repair and prescription services are to be paid net without deduction. For payments made after 15 days, we charge interest at the usual bank rate.

  1. Jurisdiction

If the buyer is a registered trader, the sole place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the court responsible for the seller's registered office. The law of the Federal Republic of Germany shall apply.

  1. Data protection clause

The Buyer is hereby informed that personal data are stored for the purposes of the business relationship entered into and are thus used or transmitted in a legally permissible manner.

  1. Closing clause

The invalidity of individual terms and conditions shall not affect the validity of the remaining provisions.

- Status: October 2017 -