Scope of Application
All orders are accepted and executed by us based on the following terms and conditions. Conflicting terms shall not apply. By placing an order, the purchaser acknowledges these conditions.

 

Orders
Our offers are non-binding. Technical changes as well as changes in shape, color, etc., remain reserved. The purchaser is bound by their order. The purchase contract is concluded through our order confirmation or through delivery. Verbal agreements are only binding if confirmed by us in writing or reflected by the delivery of goods.

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Delivery
We endeavor to deliver as quickly as possible. However, our delivery obligation is suspended in cases of force majeure (including operational or traffic disruptions, strikes, lockouts, shipping disturbances, governmental orders, etc.), in the event of a lack of supply from our suppliers, and in the event of delayed payment by the purchaser. If circumstances arise after conclusion of the contract that cast doubt on the purchaser’s ability to pay, we reserve the right to make delivery dependent on security or advance payment.
If timely delivery cannot be made, the purchaser must grant us a reasonable grace period. Should this also expire without fulfillment, the purchaser has the right to withdraw from the contract. Compensation claims exist only if the delay is caused solely by our intentional or grossly negligent behavior. Partial deliveries are permissible. For shipments, all goods travel at the risk and cost of the purchaser, even if delivered freight-free, with risk transferring when the goods leave the factory or warehouse. All goods are generally shipped with transport insurance equal to the value of the delivery via the respective carrier. Unless otherwise instructed, the shipper decides on the method of shipment without assuming responsibility for the cheapest or fastest transport. Packaging is charged at cost.

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Payment
Our prices are net plus applicable VAT on the invoice date. Orders for which no fixed prices have been agreed are billed at the list prices valid on the contract date if delivery occurs within four months; otherwise, the prices valid on the delivery date apply. Invoice amounts are due within 14 days net without deduction. Any discount requires a separate written agreement and is only applicable if no overdue invoices exist. Late payments incur interest of 6% above the current discount rate of the German Bundesbank. Bills of exchange or checks are only considered payment once fully honored. Our sales representatives are not authorized to accept payments without written collection authorization. The purchaser may only offset claims if they are undisputed or legally recognized counterclaims.

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Retention of Title
Delivered goods remain our property until full payment of the purchase price. The purchaser may resell the reserved goods in the normal course of business but may not pledge or assign them as security. In the case of resale on credit, our rights must be secured.

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Complaints
Deliveries must be checked immediately upon receipt for defects. Visible defects, especially transport damage, must be reported by telephone within 3 working days and in writing within 7 days of receipt. Any warranty expires if the goods have been altered by third parties. For justified defects, we are obliged to replace the goods or, if this is not fully possible, partially or fully refund the purchase price. Further claims are excluded unless due to gross negligence or intentional misconduct on our part, or the absence of a guaranteed characteristic. Returns of sold goods are generally excluded, except in cases involving enforcement of retention of title.

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Liability and Product Liability

Claims for damages due to tort or positive breach of contract are excluded unless caused by our intent or gross negligence. Should we be held liable under product liability law, or should such claims be foreseeable, the purchaser is obliged to take all necessary measures to prevent or minimize damages and to immediately inform us of all relevant circumstances. The purchaser must also provide all information necessary for us to address product liability claims. Failure to do so renders the purchaser liable for damages, regardless of fault. We are not liable for damage caused by unauthorized interventions in the delivered product. Warranty claims are governed by statutory provisions (currently 2 years from delivery). Extended warranties are subject to separate warranty terms provided with the product. Defective goods will initially be remedied or replaced at our discretion. Parts replaced under warranty remain our property. Warranty periods are not extended by warranty repairs or replacements. For medical devices, the warranty applies only to the patient for whom the product was initially supplied. Transfer of warranty to other patients is only possible after reprocessing by an authorized service provider or by us. The purchaser has no right to depreciation, rescission, or damages for potential warranty defects.

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Preparation of Damage Assessment Reports
Preparation of a written report (cost estimate) for damage assessment or repair cost estimation is charged at €35 plus VAT if no repair order is placed within four calendar weeks. If a repair is commissioned based on the estimate, the fee will be offset against the repair costs. Any disposal costs will be invoiced separately. Return of non-repaired products is always at the purchaser’s expense.

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Final Provisions
Place of performance and jurisdiction for all obligations under the contract is Bühl/Baden. Copyright is reserved for our offers, including illustrations, drawings, calculations, etc. They may not be made available to third parties, especially individual price and delivery agreements. We are entitled to store, process, and transmit data regarding the customer’s goods and payment transactions. Printing errors and mistakes in our sales documents are reserved.