§ 1 Scope of contract terms
(1) The Schlumbohm GmbH & Co. KG (seller) offers its services / products to health care professionals from industry, medicine, trade and commerce due to the following terms and conditions. Terms and conditions of the purchaser are hereby, deviations from the terms of the seller are only effective if it is confirmed in writing.
(2) Our data in brochures, advertisements, catalogs, etc. on Internet Web pages are not binding and prices are subject to change. Price changes due to changes in customs duties, import and export fees, exchange rates, etc. are reserved. A contract is only by a written confirmation (email is sufficient) or with the start of the execution of the performance by the seller. The buyer acknowledges that the copyright protection and the guarantee conditions by opening the original packaging. Changes and additions to the contract shall only apply if the seller has confirmed in writing or electronically.
§ 2 Delivery
(1) The shipment is sent to the address specified by the buyer. At the latest when leaving the factory / warehouse, the risk of accidental loss or accidental deterioration of the goods to the buyer. This applies regardless of whether the shipment of goods from the place of performance or who bears the freight costs. This applies regardless of whether the shipment of goods from the place of performance or who bears the freight costs.
(2) The seller retains the dispatch and the dispatch reserved, unless otherwise determined by the buyer. Partial deliveries are permitted and are considered as separate deliveries.
(3) damage to the packaging, the buyer has to be confirmed in writing by the transport company.
§ 3 Prices and Payment
(1) Price information is only for industry, commerce and trade and professional associations and similar institutions and in the professions, and the prices are plus VAT unless otherwise stated. In addition, the buyer has to pay shipping costs incurred. More than 3 months delivery time is agreed, at the time of delivery prices of the seller.
(2) The purchase price is depending on the shipping method you choose in advance or by cash to pay. Registered customers (customer number available.) Will receive the goods by invoice to the customer's terms. In the event of default by the buyer, the seller has the right to refuse any shipments to the buyer as well as from other contractual relationships. A lien of the purchaser is excluded, unless it is based on the same contractual relationship.
(2) Delivery dates must be agreed in writing. The delivery period shall be extended accordingly in case of stoppage (strike / lockout), statutory and official orders Import / export restrictions), acts of God. The buyer has the right to withdraw in case of default of the seller after a reasonable grace period from the sale. Any further claims for damages, unless the seller of deliberate intent or gross negligence.
§ 4 Right of Return
(1) original packaging, unused merchandise, we accept returns only if the customer informs us of this within 2 weeks of receipt of the goods makes an announcement. The seller may, notwithstanding the possibility of making a higher actual damages, 10% of the selling price for the demand by the processing of the contract costs incurred and for lost profits. The buyer reserves the right to prove minor damage.
(2) The right of return for non-sterile devices or sealed goods if the sealed packaging has been opened or damaged.
(3) Individually created, and special orders are generally excluded from return.
§ 5 Retention of title
(1) The seller retains title to the goods until full payments of all claims including ancillary claims reserved. In breach of contract by the buyer, the seller is entitled to take back the reserved goods at his expense. This is no withdrawal from the contract. The buyer may not dispose of the goods.
§ 6 Warranty / Liability
(1) The seller guarantees that the products are not burdened with defects, which include the absence of guaranteed properties. The products are made with due care with the legal requirements. The parties are however aware that given the state of the art is not possible to exclude errors of Hard-/Software under all conditions.
(2) Any further liability of the buyer are excluded, for whatever legal reason. In particular, the seller is not liable for service interruptions, etc. Warranty claims against us expire in 12 months. This does not apply in the event of culpable breach of duty leading to loss of life, limb or health or grossly negligent breach of duty.
(3) If the delivered products were manufactured according to designs or instructions of the Customer, the Customer shall indemnify the Seller against all claims made by third parties on account of breach of intellectual property and copyrights. Any legal costs are reasonable before Schussen.
§ 7 Others
(1) The seller sends the items ordered by the buyer at the buyer to specify this address. The choice of route and the transport is left to the seller unless the buyer determines when making his offer it.
(2) Partial deliveries are permitted and are considered as separate deliveries.
(3) The packaging of the goods by the manufacturer / seller. The cost of packaging and disposal of the packaging shall be borne by the purchaser.
§ 8 Data Protection
(1) We store and use the order information of the customer for the transaction of the business relationship. A transfer of data to selected partners for the advertising is done in strict compliance with applicable data protection laws.
§ 9 Place of Performance, Jurisdiction
(1) fulfillment of all obligations under the contract is Brokstedt.
(2) Jurisdiction is Itzehoe.
(3) German law applies under exclusion of UN sales law.
(4) The provision of these Terms and Conditions or the Purchase Agreement shall not affect the validity of the remaining provisions, in lieu of the invalid provision, the statutory scheme.