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1. General
Our terms and conditions apply to all business relations with companies, legal persons under public law, hospitals of all legal forms, registered doctors and all ordering persons. General terms and conditions of the customer differing from these conditions will not be accepted. Exceptions to this must be authorised in writing by the management.
2. Prices
Our prices apply as indicated on the order confirmation or invoice plus VAT. All prices may be increased or reduced by management after concluding the contract due to changes in raw materials or other reasons.
3. Terms of Payment
The sale price is determined from the order confirmation or other agreements concluded, without deductions. Discounts are only allowed by a written agreement. We allow the ordering persons 14 days net cash. If the ordering person defaults in payments, we reserve the right to charge default interest (amounting to 5 % over the base rate). If damages occur resulting from this delay, we will bring them to account. Customers inland and abroad are obligated to pay the full amount for orders in advance. Other arrangements must be authorised in writing by our management. The persons ordering are only entitled to right of retention if counterclaims are legally determined and are accepted by us.
4. Offers and Orders
All offers are non-binding and must be made in writing. The offers are valid for 4 weeks and the customer is entitled to refer to it. We are authorised to make changes to the product and/or implement modifications within the valid period. All data from offers and orders are not to be made available to third parties. This applies particularly to confidential data of any kind. Orders which are considered an offer according to ยง 145 of the German Civil Code may be accepted retroactively for 4 weeks.
5. Terms of Delivery
All deliveries will be packaged and delivered as stated in the order confirmation. Partial deliveries are not accepted if unreasonable. Stated delivery times are in the order. If these cannot be met for various reasons, liability for damages in the cassimple negligence is excluded. A warning of rejection by the customer can only apply if an acceptable period of time has passed. However, if the process is deferred, the customer has the right to withdraw from the contract. Claims for damages are excluded. If the customer is in default of acceptance, we have the right to demand payment of the resulting damages. If the order is lost or incidental damage occurs to the goods, this is the responsibility of the customer. If the delivery is delayed due to force majeure or as a result of unforeseen circumstan- ces, we will notify the customer immediately. In this case, neither party can withdraw from the contract.
6. Warranty
Any warranty claims shall apply only if the complaint is recognis- ed by us. The warranty claim and/or liability claim will be time-barred at the latest one year after the date of invoicing. Any complaints have to be taken into account only if they are notified to us in writing within a period of 14 days after receipt of the goods. Any hidden defects, where applicable, shave to likewise be notified to us in writing immediately after they become known. We not assume any guarantee for any products or even parts of any product which are subject to wear and tear. Our warranty shall not apply either if any interventions/repairs have been carried out to our products by the customer or by any third parties without our written approval. In case of any incomplete deliveries and/or incorrectly delivered goods or in the event of any legitimate complaint (defective product), we shall perform subsequent/replacement delivery or repair free of charge. The same shall also apply in case of any incorrect use/application and/or improper storage, cleaning, etc. The directions laid down in the instruc- tions for use regarding the processing and storage of the product as well as the general standards on the care and treatment of medical devices and instruments shall be complied with. To the maximum extent permitted by law, any other warranty claims, including, but not limited to, compensation for damages, shall be excluded. Any liability for any consequential harm caused by defects may not be asserted. In the event, however, that any liability might still come into question, such liability shall be exclusively limited to the value of the product.
7. Return of items
We only take items back which are unused, the package is undamaged, the items are re-usable and are from our portfolio. Within 14 days after receipt of delivery, the customer is entitled to return the items. If undamaged items are taken back, preparation costs in the amount of 30 % will be charged. The shipping costs have to be paid by the customer.
Damaged items will be credited without any deduction. DISPOSABLE ITEMS MAY NOT BE RETURNED!
8. Reservation of title
All goods remain our property until the due amount has been paid in full. Upon late payments, we have the right to take back the goods. This is not a withdrawal from the contract but rather an action based on conduct which constitutes a breach of the contract by the customer. The customer has the right to sell the acquired products and is obligated to handle them carefully. All claims to us from the customer expire as soon as the product is resold. If products from our portfolio are inseparably combined with others, we obtain co-ownership of the new item in relation to the value of our item to the other combined products at the time of mixing.
9. Other
German Law applies. Information and consultations as well as suitability and application of the items do not exempt the customer from the obligation to examine the items and are non-binding. Place of jurisdiction is the company headquarters. The user can make changes to the legal position of these terms and conditions. FENDO MedizinTechnik is obligated to inform the customer of any changes made. If the customer does not express disagreement, this is considered as declaration of acceptance. If there are any questions or obscurities, please contact our management.
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