General Terms and Conditions of Med-Tronik GmbH, Friesenheim

scope

The following terms of sale, delivery and payment apply exclusively to all deliveries of Med-Tronik products, provision of services and all other services. The latest version applies. Subsidiary agreements require express written confirmation.

offer and order

All Med-Tronik offers are non-binding. Unless otherwise agreed, written offers are valid for 14 days from the date of the offer.

Each order requires written confirmation. Med-Tronik is entitled to withdraw from the contract if it becomes known that the buyer is in financial difficulties.

Prices

The prices stated in Med-Tronik offers or order confirmations are net prices, excluding VAT, shipping, packaging, insurance costs, customs duties and bank charges. The prices apply ex works Friesenheim. Separate provisions apply to leasing.

retention of title

The delivered items remain the property of Med-Tronik until all claims from the business relationship have been settled. If the buyer is more than 1 month in arrears with the fulfillment of Med-Tronik’s claims from the business relationship, Med-Tronik is entitled to reclaim the goods.

Med-Tronik is entitled, without prejudice to the buyer’s payment obligation, to sell the object of purchase that has been repossessed as best as possible by selling it on the open market. Med-Tronik is entitled to charge an inspection fee for inspecting the goods to protect the next buyer.

Delivery

Delivery periods and dates are agreed as approximate. The delivery period is extended as a result of force majeure, strikes or other unforeseen events, such as official intervention or delays in the delivery of essential raw and building materials. Claims for damages by the buyer cannot be derived from extensions of delivery times. In the event of delivery delays of more than 3 months, the buyer has the right to withdraw from the purchase contract. Med-Tronik endeavors to carry out the orders as quickly as possible and is entitled to make partial deliveries in special cases.

Shipping and Passing of Risk

Med-Tronik chooses the shipping route and type to the best of its judgement. Med-Tronik endeavors to take the buyer’s wishes into account appropriately. All shipments travel at the buyer’s risk, even in the case of carriage-paid deliveries. Unless the buyer objects in writing, Med-Tronik will take out appropriate transport insurance for all deliveries. For insurance reasons, the goods must be shipped in the original box. Deliveries to third countries are generally duty unpaid.

Warranty

The warranty period for our products is 24 months for new goods (excluding batteries, consumables and accessories. A warranty of 6 months applies here). The warranty period for used and demonstration devices is 12 months. The warranty obligation begins with the delivery date. The warranty does not apply to natural wear and tear or improper handling. The warranty does not apply if the buyer himself or a third party carries out repairs or other changes to the goods without the approval of Med-Tronik. If the manufacturer’s operating or maintenance instructions are not followed, the warranty is void. Otherwise, the statutory warranty claims of the German Civil Code apply.

Complaints

Obvious defects or incorrect deliveries must be reported to Med-Tronik in writing immediately, but no later than within 2 days of receipt of the goods. Hidden defects must be reported to Med-Tronik in writing immediately after discovery.

If the complaint is accepted, the buyer has the right to rectification or, if necessary, a replacement delivery.

Payments

Invoices are payable immediately upon receipt without deduction. Advance payment generally applies to new customers and customers outside of Germany. If the payment deadline is not met, Med-Tronik will charge interest on arrears at the usual bank rate. Med-Tronik also reserves the right to charge reminder fees. Short deliveries do not release from the payment obligation.

Privacy

The data required for the transaction is stored and, if necessary, passed on to companies affiliated with us as part of the order processing. All personal data will of course be treated confidentially. For the purpose of credit checking and creditworthiness monitoring as well as for marketing purposes, we exchange data with other group mail order companies and group service companies and, if necessary, with Schufa. We take your legitimate interests into account.

Place of fulfillment

The place of fulfillment for deliveries and payments is Friesenheim, the place of jurisdiction for both parties is the location of Med-Tronik. The contractual relationship is subject to German law. The legal validity of Med-Tronik’s general terms of sale, payment, and delivery is retained even if individual clauses lose their validity.

Storage costs

If a device is sent to us for service or repair and remains with us for more than 21 days, we reserve the right to charge a storage fee of €30 net per month for each month started.

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