General terms and conditions Your satisfaction with our goods and services is of the greatest importance to us. If there is anything you want to inform us of, be it a complaint, criticism, praise or mistakes on our website, please send us an email (info@medtech-service.eu ). The general terms and conditions regulate the contract between the contractor and the customer. Before you place your order please take note of the following terms and conditions as well as the annotations. They apply to all offers, deliveries and services. Customer's acknowledgements referring to their own terms and conditions will not be recognized. Any deviating agreements with our personnel shall only be valid if confirmed by an authorized representative in writing. §1 Conclusion of a contract 1. Orders are placed by the customer via telephone, fax or letter. Orders are confirmed by an order acknowledgment via telephone, fax or letter or implied by deliverance of the ordered goods (acceptance of a contractual offer). §2 Right to return products in terms of §13 German Civil Code (right of revocation for distance contracts) 1. The sales contract can be revoked by returning the goods, without stating reasons, within two weeks after the receipt of goods. The right of revocation is exercised by posting the goods in due time. Return of goods that cannot be shipped as parcels must be declared by written request for return (e.g. e-mail, fax, or letter). Reasons do not have to be stated. MEDTech Endoskopservice bears the expenses and risks of the return shipment. Punctual dispatch is sufficient to comply with the time limit. Upon receipt of the return, the sales contract is terminated and payments already received will be refunded via bank transfer. The goods are to be treated with care to avoid further costs in case of reshipment within the two weeks period. 2. Excluded from our return policy are goods that are made according to customer’s specifications or their personal needs. §3 Delivery time, special items 1. Delivery generally occurs within a period of 30 days after receipt of order. Alternative terms and dates of delivery, agreed upon as binding, need to be confirmed by us in written form. Terms of delivery begin after confirmation. 2. Delays in delivery and service due to force majeure, war, strikes, riots, lock-outs or similar circumstances beyond our control lead to an adequate extension of the period of delivery. The circumstances mentioned above discharge us from agreements entered into for the period of the hold-up and authorise both contract parties to withdraw from the contract. 3. Special items will only be delivered while stocks last. We are entitled to the contractual right of withdrawal provided that we are not responsible for such non-delivery. We will inform the customer of the unavailability immediately and refund consideration without delay. §4 Passing of risk and acceptance 1. Loading and delivery take place uninsured at customer’s risk. The risk is passed on to the customer when the goods leave our stock or, in case the dispatch is delayed and we are not responsible, on the day the goods are ready for shipment. Transport insurance can be provided at an extra charge. This does not apply if the customer is a consumer. 2. The customer is obliged to accept the ordered goods, provided they are free of apparent defects. 3. If the customer is grossly negligent in declining the acceptance of the ordered goods, we are entitled to set a new deadline of 8 days, in writing, with an explanation that we refuse fulfilment of the contract if the deadline is not met. After the expiration of the deadline we are entitled to withdraw from the contract in written form or demand damages for breach of contract. Setting a new deadline is not required if the customer seriously and finally refuses to accept the delivery or if it is obvious that he will not be able to pay the agreed price within the extended deadline. 4. In case we demand damages according to subparagraph 3, they amount to 15% of the agreed purchase price (profit margin). Damages are to be adjusted accordingly if we can prove a more severe damage or the customer a lesser one. §5 Prices and payment 1. The marked prices are quoted in Euro incl. the respective VAT, plus packaging and shipping costs. 2. Full payment is due immediately on collection or cash on delivery. Deviating terms of payment require a separate agreement. 3. Each payment is set off against the oldest open account. 4. Only claims that are undisputed or legally determined entitle the customer to set-offs. The right of retention can be exercised by the customer only if it is based on claims from the same contract. §6 Reservation of ownership 1. The goods remain our property until all claims deriving from the contract are settled. If the customer is a legal person under public law, a special fund under public law or a merchant (where the contract is part of carrying out his commercial trade), our right of ownership also applies to claims from current business relations. 2. The customer is entitled to resell purchased goods in the regular course of business provided that our approval is given in writing. As a security, the customer assigns to us claims against third parties, resulting from resale, completely or in the amount of a possible co-ownership share. The customer is entitled to collect the claims on our behalf until revocation or cessation of his payments to us. 3. If the value of the securities exceeds our claims by more than 20% we will release securities of our own choice if requested by the customer. 4. If the customer violates the contract – in particular through delay of payment or other breaches of his duties regarding the right of ownership – we are entitled to reclaim the reserved goods, regardless of our other claims, and, after giving written notice with reasonable deadline, to sell the goods in the open market, offsetting the proceeds of sale against the purchase price The customer bears full costs for return and sale of the contractual item. The exercise of our right of ownership, in case the customer does not meet his obligations, does not imply cancellation of the contract unless it is a hire purchase business of a non-trader. In this case the regulations for the consumer loan contract apply. §7 Warranty 1. The customer is obligated to check the goods for possible transport damages upon receipt and to report them to the deliverer (forwarding company, postal service, UPS). A subsequent objection will not be accepted. 2. The customer is obligated to check the delivered goods for apparent defects. Apparent defects have to be contested in writing within 2 weeks after delivery. In case of breach of these obligations the goods will be regarded as approved in view of the defect in question. The obligation for merchants to inspect the goods for defects and to give timely notice according to §377 HGB remains unaffected. 3. If the goods are defective and the customer is not a consumer, it is up to us to choose between rectification of defects and replacement delivery. 4. We grant a two year warranty period for new goods to consumers from the date of delivery. For customers, who do not count as consumers, a warranty period of one year is granted. 5. For the sale of second-hand goods to consumers there is a warranty period of one to three months from delivery. For customers, who do not count as consumers, warranty is excluded. 6. The legal periods of warranty for damage claims remain unaffected by the regulations in subparagraphs 4 and 5. 7. In case of acceptance of a guarantee for the condition of the goods or in case of fraudulent concealment, the warranty remains unaffected by the regulations above. The same applies to regulations in §§ 478, 479 BGB regarding the contractor’s recourse to the supplier. §8 Liability 1. In case of ordinary negligence for delay, for warranty of defects and warranty of title, for impossibility as well as for the breach of an essential contractual obligation (cardinal duty), liability is limited to foreseeable damages and excluded for other breaches of contract. This does not apply to damages caused by loss of life, injury to body or illness. 2. In case of ordinary negligence, the liability for loss of data is limited to the typical recovery effort which would have occurred by making regular back-ups according to risks. 3. In case of intent and gross negligence, we are fully liable. 4. The limitation of liability according to subparagraphs 1 and 2 also applies to the benefit of our employees and representatives. 5. The liability for a guarantee of the quality and the liability according to the product liability law remain unaffected. §9 Applicable law, place of performance and place of jurisdiction 1. These terms and conditions and all legal relationships between Hasselmann&Schäfer MEDTech Endoskopservice GbR and the customer shall be governed in accordance with German law. Application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. 2. If the customer is a merchant and conclusion of the contract is part of carrying out his commercial trade, place of performance of delivery and payment is Stadthagen, Germany. For all current and future claims resulting from the business relationship with merchants, the exclusive jurisdiction is in Stadthagen, Germany. The same jurisdiction applies if the customer does not have a place of general jurisdiction inland, if he changes his home or main residence to another country, after conclusion of the contract, or if his home or main residence is unknown at the time of the commencement of proceedings. §10 Final provisions If any provisions of these terms and conditions are void or unenforceable or if there are gaps, the validity of other provisions is not affected.