TECO Medical Instruments
84088 Neufahrn in Niederbayern
These terms and conditions apply to all present and future business relationships between the parties to the same.
The term "user" refers hereinafter to individual persons with whom a business relationship is established, but who do not engage in any commercial activity or operate as a self-employed professional.
The term "business user" refers hereinafter to individuals, entities or legally constituted companies, with whom a business relationship is entered into in the course of commercial activity or operation as a self-employed professional.
The term "customer" is used hereinafter to refer to business users.
Alternative, conflicting or complementary general terms and conditions - even if acknowledged as such - require clear, written confirmation.
Our quotations are non-binding. The possibility of technical changes and amendments in terms of form, color and/or weight must all be taken into account and regarded as reasonable.
The customer confirms, by the act of ordering the merchandise, the desire to acquire such merchandise.
We reserve the right to accept the contractual offer implicit in such an order within two weeks of its receipt on our premises. Acceptance can be confirmed either in writing or by delivery of the merchandise to the customer.
We shall confirm receipt of the order immediately if the user orders the merchandise by electronic means. A confirmation of receipt of an order does not imply binding acceptance of that order, although confirmation of receipt and acceptance of the order may be issued simultaneously.
our suppliers. This applies only in those cases where failure to deliver cannot be attributed to us, and particularly in the case of a congruent covering agreement with our supplier.
The customer will be informed immediately in the event of any inability to supply the merchandise or service concerned. Any refund due will likewise be made immediately.
If the user orders the merchandise by electronic means, we will hold on file the text of this order for e-mailing to the customer, on request, along with a copy of these general terms and conditions.
In the case of contracts with business users, we shall retain legal title to the merchandise until such time as all due payments deriving from the ongoing business relationship have been fully met.
The customer undertakes to handle the merchandise with care, strictly observing at all times the instructions given in the user?s manual supplied along with our merchandise or service. Any maintenance and/or inspection work that may be required is to be carried out at the stipulated intervals and at the customer?s expense.
The customer undertakes to inform us immediately of any third-party action affecting the merchandise, including but not limited to legal seizure or damage or destruction of the same. The customer must inform us immediately of any change of ownership affecting the merchandise and/or of any relocation of the customer?s place of business.
We reserve the right, in the event of behavior contrary to the agreement on the part of the customer (with special reference to clauses three and four of these conditions) to withdraw from the agreement and demand the return of the merchandise.
The business user is entitled to dispose of the merchandise, by sale or otherwise, in the normal course of business. The customer assumes from the outset, and in a sum corresponding to the invoice amount, any third-party claims that might result from such disposal. We accept this cession of liability. The business user is entitled to collect payment as a consequence of this cession. We reserve the right to retain this entitlement to collect payment in the event of failure on the part of the business user to meet any payment obligation and thus fall into arrears.
1.The quoted purchase price is binding. The purchase price includes the applicable turnover tax. We reserve the right, at six-monthly intervals, to make reasonable amendments to the price list covering our merchandise and services, while undertaking to inform the customer immediately of any such amendment. In these cases, the amended prices become valid at the moment in which the customer receives the new price list. In the case of physical shipment, the purchase price is subject to the addition of shipping costs, which are to be met exclusively by the customer. Shipping insurance for the merchandise can be arranged at the customer?s request. The resulting costs are likewise to be met exclusively by the customer. The customer is aware of the assumption of risk detailed in clause six of this document and fully accepts these conditions.
The customer is not liable for any additional costs as the result of using telecommunications in the course of the order transaction.
The customer may settle the purchase amount by standing order, check or bank transfer.
The customer undertakes, on receipt of the merchandise, to settle the agreed purchase amount by the date due and according to the payment schedule forming part of such an agreement. The customer shall be deemed to be in arrears in the event of any payment deadline expiring.
The business user shall then be liable to an additional payment of 8% above the current base lending rate, to be levied on the sum due. We also reserve the right to demand additional compensation from the business user in the event of further delays in payment.
The customer shall only be entitled to make counter-claims if such claims have been legally established or recognized as such by us.
The customer shall only be entitled to demand return of payment if the counter-claim in question derives from the same contractual relationship.
If the buyer is a business user, the risk of accidental loss or damage to the merchandise is transferred to the purchaser (in the case of physical shipment) at the moment in which the shipment is handed over to the carrier, shipper or any other person or organization responsible for its transport and delivery. The customer is recommended, voluntarily and at own cost, to insure the merchandise being shipped (see also clause four of these conditions).
This transfer of risk likewise applies if receipt of the delivery by the customer is delayed.
If the buyer is a business user, we undertake - in the event of the merchandise being defective, and at our option - to provide a remedy or supply replacement merchandise.
If the remedy likewise proves to be defective, the customer can normally choose to ask for a discount on the purchase price or cancel the agreement. However, the customer shall not be entitled to cancel if there is only a minor failure to fulfill the agreement, particularly in the case of a minor fault in the merchandise.
Business users must inform us in writing of any apparent defects within two weeks of receipt of the merchandise; otherwise no warranty claims can be accepted. The date of dispatch of written communication shall be deemed as valid for the observance of time limits. It is the responsibility of the business user to provide proof and verification of all claims, particularly those relating to the defect itself, the moment in which such a defect was detected and for the timely submission of the corresponding complaint.
If the customer chooses to withdraw from the agreement as a result of defective title or material fault, and after a failed attempt to rectify the same, the customer shall have no further right to claim for damages as a result of such defects.
If the customer chooses - after failure to rectify a defect - to claim for damages, the merchandise shall remain in the customer?s possession if deemed reasonable. The sum of any damages due shall correspond to the difference between the purchase price and the value of the defective item. This shall not apply if the agreement has been breached due to misrepresentation on our part.
The warranty period for business users is one year, counted from the delivery date of the merchandise. The expiry date for used items is one year, counted from the delivery date of the merchandise. This does not apply if the customer has failed to inform us within the stipulated period of the defect in question (see clause three of these conditions).
If the buyer is a business user, the agreed description of the merchandise normally corresponds exclusively to the product data supplied by the manufacturer. Public statements, recommendations or publicity material issued by the manufacturer do not constitute part of the contractual description of the merchandise.
If the customer receives an incorrect or incomplete set of installation or operating instructions, our liability is limited to the supply of correct copies of the same, and then only in the event of such defective instructions preventing the correct installation or operation of the merchandise.
We do not supply the customer with any legally-binding guarantees. This does not affect manufacturers? warranties in any way.
In the event of minor negligence on our part to fulfill a contractual obligation, our liability shall be limited - depending on the type of merchandise concerned and typical for this type of agreement - to the settling of immediate average claims. This also applies to minor negligence in the fulfillment of contractual obligations on the part of our representatives, or of persons employed by us in the discharge of such obligations.
We do not accept liability for inconsequential negligence in the discharge of minor contractual obligations to business users.
The above limitations do not affect customer claims with respect to product liability. These limitations likewise do not apply to bodily injury or damage to health attributable to us, or to loss of life on the part of the customer.
Claims for loss or damage made on the part of the customer, and resulting from defects, expire one year after the date of delivery of the merchandise. This does not apply in the case of gross negligence, bodily injury or damage to health attributable to us, or to loss of life on the part of the customer.
This agreement is drawn up under the laws of the Federal Republic of Germany.
Application of the United Nations agreement with respect to international contracts to purchase is hereby excluded.
The exclusive place of performance with respect to any dispute arising from this agreement - if the customer is a registered merchant, legal entity as defined by public law, or a special organization incorporated under public law - is our registered place of business. This also applies if the customer is not subject to any legal jurisdiction within Germany, or if the customer?s home address or habitual place of residence were unknown at the moment in which legal proceedings were instigated.
The possible invalidity of any individual part of this customer agreement, including the general terms and conditions, shall have no effect on the legality of the agreement as a whole. If any part should prove unworkable, in whole or in part, the parties shall endeavor to find a legal alternative that corresponds as closely as possible, in terms of economic results, to the invalid part.