GENERAL INFORMATION OF MEDITEC RHEINLAND GMBH:
I. General information - scope
These general terms and conditions of sale and repair (terms and conditions of business) shall apply exclusively and for all current and future business relations of the company MEDITEC Rheinland GmbH (hereinafter called MEDITEC).
Entrepreneurs as defined by these terms and conditions of business are natural or juristic persons or an ordinary partnership having legal capacity which acts while exercising a commercial or independent full-time job or as a second job (see Section 14 of the German civil code). MEDITEC shall only enter into business with these types of companies. The client declares upon making an order or awarding a contract to MEDITEC that it is an entrepreneuer as defined by these terms and conditions of business.
Differing, contradictory or supplementary general terms and conditions of business of one of MEDITEC's clients, even if they are known, shall not become a part of the contract unless MEDITEC expressly contented to their application in writing.
II. Conclusion of the contract and awading of the contract
MEDITEC's offers are conditional if nothing else has expressly been noted down.
The client shall bindingly declare that it awards the service or maintenance agreement, or wants to purchase the goods ordered from MEDITEC upon awarding the service or maintenance contract or ordering the goods, even if it is via the Internet.
MEDITEC is entitled to accept the contractual offer in the order within an appropriate period following its receipt. A term of 4 days shall be deemed as appropriate. Acceptance can either be declared in writing, by carrying out the service or maintenance agreement, or by delivering the goods to the client.
The conclusion of the contract shall be carried out subject to the proviso of the correct and timely self-supply by MEDITEC's own suppliers. This shall only apply in the event that MEDITEC is not responsible for the failure to deliver, in particular in the event of the conclusion of a congruent business with MEDITEC's component supplier. The client shall be immediately informed of the non-availability of the performance. A counter-performance that has potentially been rendered shall be reimbursed immediately.
All the prices stated are in euros, plus the statutory rate of VAT that respectively applies.
All the performances and deliveries of goods that have been calculated shall be payable immediately following the submission of the invoice if nothing else has been expressly agreed to and in a text form with MEDITEC.
The client only has a right of setting off if its counterclaims have been determined with the force of law or have been recognised by MEDITEC in a text form. The client can only exercise a right of retention if its counterclaim is based on the same contractual relationship.
If a longer term service agreement was concluded and a period of more than four months passes between the conclusion of the contact and the performance/delivery date then MEDITEC is entitled to invoice the prices that apply on the day of the performance/delivery if the material prices and transportation costs increased. The amount agreed upon for the servicing lump sum fee shall remain unaffected by this clause.
If the customer or the client of a service, maintenance or repair order wishes to receive binding price information prior to finally granting the order then it shall require a written quotation. The amount of work involved as well as the parts necessary to carry out the repair work shall be essentially listed insofar as it is possible and reasonable and issued with the respective price. MEDITEC is bound by such an estimate until a period of four weeks expires following its submission.
Prior work such as the investigation of a repair item, the separation of individual parts for their investigation, the drafting of specifications of prices, the ordering of plans and similar such items, shall be due for remuneration based on the agreement.
If a repair contract is awarded based on a quotation potential costs for the quotation and the cost of potential preliminary work shall be credited against the contract invoice. The estimated total price can be exceeded by up to 10% when the amount is invoiced, but only by more than this with the client's consent.
V. Acceptance and transfer of risk
MEDITEC shall deliver the goods that have been ordered from it with its own customer service team. Partial deliveries are possible. The place of performance, even in the case of repair contracts and if nothing else is stipulated in the confirmation of order, shall be MEDITEC's registered office.
The shipment of goods for repair to MEDITEC shall be carried out at the sole risk of the customer even if MEDITEC organises the collection for the customer.
In the case of service or maintenance work formal accceptance must be provided if one of the parties to the contract demands this. If no acceptance is demanded the performances shall be deemed as having been accepted upon the delivery being completed and the provision of a receipt for the assembly order. Reservations due to known defects shall be enforced vis-à-vis MEDITEC at the time of acceptance at the latest. The risk shall be transferred to the customer upon acceptance.
MEDITEC shall provide a warranty for defects caused by it in the service, maintenance or repair work by remedying the defect. Multiple remedies of defects are permissible. The rights of the client become barred by limitation in the case of service, maintenance or repair work after a period of 12 months calculated from the time of the acceptance of the service or maintenance work or of the repair item.
If new goods or parts become defect within the statutory liability period for defects due to manufacturing or material defects MEDITEC shall in accordance with its choice provide a replacement or remedy the defect at the exclusion of the customer's other warranty claims. Multiple remedies of defects are permissible. If remedies or defects or replacement deliveries of goods purchased as new fail the customer can in accordance with its choice demand a reduction of the remuneration price or the cancellation of the contract. Consequential damage resulting from defects shall be excluded from the warranty.
MEDITEC sells instruments, accessories and other goods, if these have been used or already used in another manner by a previous owner, in the state as it has been described in a sales object or a similar individual representation. By making its order the customer recognises the state of the goods as being as stipulated in the contract and shall purchase it as "used as viewed and inspected." Guarantee or liability claims for second hand goods shall be expressly out of the question.
The warranty expires if operating and maintenance work that was stipulated by the manufacturer was not observed, changes are carried out to our performance, or if the defect is due to improper treatment by the customer or by third parties. Liability for normal wear and tear shall be out of the question.
The customer shall not receive guarantees in the legal sense from MEDITEC. Manufacturers' guarantees for new goods shall remain unaffected by this clase and shall thus be passed onto the customer as they have been promised towards MEDITEC. MEDITEC shall not under any circumstances assume an obligation to assume liabilities that extends beyond the manufacturer's guarantee.
VII. Reservation of title
In the case of contracts with entrepreneurs MEDITEC reserves the title to the goods sold until all the accounts receivables from a current business relationship have been completely paid for.
MEDITEC is entiled to annul the contract in the event of a default of payment and to demand the goods back.
VIII. Concluding provisions
The law of the Federal Republic of Germany shall apply for the entire legal relationship between us and the customer.
The place of jurisdiction shall be the registered office of MEDITEC, if it is legally permissible, for all disputes that result directly or indirectly from the contractual relationship.
If individual provisions of the contract including these general terms and conditions of business should be or become entirely or partially ineffective then the validity of the remaining conditions shall not be affected by this. The ruling that has become entirely or partially ineffective shall be replaced by a ruling that comes as close as possible to achieving the economic success of the ineffective ruling.