§ 1 General
- Our general terms of business are exclusively valid; we do not recognize any deviation from the agreement, unless we have expressly agreed to them in writing. Our conditions are valid, too, when the performance is for our part unconditionally carried out, conditions of the customer standing contrary in knowledge or deviating from the following conditions.
- These terms and conditions of business, shall exclusively apply to all current and future business relations between the agent (Customer) and principal (MEYTEC GmbH Medizinsysteme).
- All agreements between the agent and principal for implementation of this contract are to be put down in writing.
§ 2 Offers
- Our offers, in particular the information on the internet, are not binding. The contract will be concluded only, when we have confirmed the inquiry of the customer by email or by fax in writing. All details to the performance description are binding only, if they are called in the text of this agreement expressly as binding.
§ 3 Delivery and Performance
- The terms of delivery given by us and our dead-lines are non-binding. Binding assurances require correct self-supply on time. It is also decisive the on-time delivery of documents, approvals or keeping of payment agreements and other commitments. Part deliveries and part performances are possible.
- According to §326 German Civil Code the customer should put away an extended deadline of three weeks. The principal has the right, according to the legal regulations, to withdraw from the contract or to require compensation, if the performance delay of us was caused negligently or deliberately. If the fulfillment of our contract obligations is made more difficult by no means or fundamentally for us in cases of force majeure like a strike or lockout, then the contracting parties have to adapt the contract appointments adequately without any claims being entitled to the customer from this against us. Cases of force majeure are also mobilization, war, civil war, riot, strike, lockout, flooding, unusual weather influences and other natural phenomena.
- The reaction time at appearing complaints, disturbances or failures will be regulated in single service contracts separately.
§ 4 Reservation of ownership
- The product remains still our property so long as the complete payment of all demands from the business relations. Until there the customer isn&t authorized to pawn our goods or to leave it for safety reasons. If our product is resold by the customer, we don’t carry responsibility for occurring claims.
§ 5 Danger transition and dispatch of product
- If the customer demands the dispatching of the product to another place than the place of performance indicated according to the § 10 of the current paper, the customer will claim a complete responsibility as soon as we have surrendered the product to a carrier or to another certain persons intended for the execution of the dispatching. On a written request of the customer can be taken out a transport insurance.
§ 6 Prices and payment terms
- All prices are calculated absolutely without additional costs (dispatch, packing, insurance).
- The prices published by us are not binding as long as they aren´t agreed particularly in writing.
- Material is calculated according to our list price, that is valid at the time of the performance.
- Performances on the spot inclusively waiting times of the customer are calculated as hourly timesheet plus journey cost. Every half hour are rounded up to hours.
- Performances about remote servicing will be calculated in a lump sum.
- All considerations to be paid are immediately and without discount payable after receipt of invoice. We are authorized at case of the payment delay still make outstanding deliveries and payments dependent on the settlement of the open invoice amount.
- There will be no acceptance of any debts on the part of the customer, unless we have expressly agreed to them.
- We are authorized by the selling price at a volume of orders as of euro 5,000. 00 respectively to demand 1/3 after the order confirmation, 1/3 after the goods delivery and 1/3 after job execution. All payments are immediately payable without discount as soon as the billing occurs.
- If payment delay occurs we are authorized to calculate the interest on default to the amount of 3% above the discount rate of the German Federal Bank.