Terms and conditions of FENDO Medizin Technik e.K.
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. Expectations to this must be authorized in writing by the management.
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. We allow the ordering persons 14 days net cash. If the ordering person defaults in payments, we reserve the right to 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 authorized 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 need the written form. These are valid 4 weeks and entitle to appeal the ordering on it. We are to be carried out entitled changes in the product and/or to move modifications in the period of the validity. All documents from offers and orders may be made to third not accessible. This is valid particularly for confidential documents of every kind. The orders which are to be looked as offers in terms of §145 Civil Code can be accepted 4 weeks retrospectively.
All deliveries are packed properly and delivered to the agreed conditions. Part deliveries are allowed, provided that reasonably. Our delivery times amount by the home, up to 1 week and abroad approx. 1 - 3 weeks. If these are not to be kept for different reasons, nevertheless, a compensation liability is excluded. Refusal threats of the customer can be put only if an adequate extension led the way. Should the expiry be still delayed, this entitles the customer to withdraw from the contract. Nevertheless, compensation claims are excluded. If the customer comes to acceptance delay, we are entitled, to call resulted damage to us if necessary. With loss of the delivery or damage of the product this goes to loads of the customer. Forming impediments in the delivery time by higher power or unforeseen, we inform the customer immediately. In this case none of both sides can withdraw from the contract.
Warranty claims shall apply only if the complained is recognized 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 immediately after they become knows. We not assume any guarantee for any products 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 the event of any legitimate complaint (defective products), 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 instructions for use regarding the processing and storage of the product as well as the general standards on the care and treatment of the 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 not used, 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 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
The product remains our property up to the entire payment. 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 with the value of our item to the other combined products at the time of mixing.
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 headquarter. 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.