For all deliveries, including those from future business deals, the following conditions are exclusively authoritative. Any deviation – including verbal agreements with representatives – from these terms and conditions of sale and delivery requires our written confirmation in order to be legally effective. Insofar as the purchaser’s terms and conditions of purchase contradict these terms and conditions of sale and delivery, they are not valid. Our offers are always non-binding. They are given free of charge, but costs for the production of drawings for special constructions, as well as offers or calculations, or samples, which require more than three hours to create or carry out, are to be borne by the client, unless the offer relates to an order leads. We reserve the right of ownership and copyright to cost estimates, drawings and other documents – they may not be reproduced or made available to third parties without our consent. An order is only considered accepted after it has been confirmed in writing or we have issued a dispatch notice or invoice or we have begun its implementation. Dimensions, weights, illustrations and drawings are only binding for the execution if this is expressly confirmed in writing.
The pricing is in euros. The price list valid at the time the contract is concluded or the prices given in the corresponding written offer apply. Price increases are permissible in the event of changes in the underlying conditions at the time the contract was concluded – such as an increase in supplier prices or wage costs – after the expiry of 4 months from the conclusion of the contract in relation to the change. The prices are from the place of delivery, which is reserved in each case.
Unless otherwise agreed, delivery takes place within the agreed delivery time from our place of delivery. We are entitled to make partial deliveries. Delivery is exclusive of packaging. The customer has to pay for transport insurance himself. In special cases, we reserve the right to insure shipments against transport damage in the interest of the customer at his expense. The purchaser can only claim damages if there is evidence of intent or gross negligence on our part – or on the part of our auxiliary staff. Claims for damages based on a different standard of liability are excluded. Delivery takes place subject to unforeseen obstacles that are beyond the will of the supplier or his sub-supplier, such as in cases of force majeure, operational disruptions,
Cold, etc. This also applies to disruptions in companies on which the continuation of our operations depends. If such events have a significant effect on the timely fulfillment of the contract, the delivery times will be extended accordingly. We are also entitled to withdraw from the contract to the exclusion of any claims for damages by the customer.
If the customer defaults on accepting the goods, we are entitled, after setting a reasonable grace period, at our option to withdraw from the contract or to assert claims for damages.
Upon leaving our place of delivery, the risk is transferred to the customer in accordance with Section 447 of the German Civil Code, regardless of whether the shipment is carried out by his own or by third parties. The place of performance is our place of delivery!
Our invoices are payable immediately net without any deductions. Any discounts or other discounts promised separately by us can be claimed.
The customer is in default by issuing a reminder. 8 days after the occurrence of default, we are entitled to charge default interest of 2.5% of the corresponding invoice amount by sending a written reminder. 14 days after the occurrence of default, we are entitled to charge and demand additional default interest of 5.0% of the corresponding invoice amount by sending a second written reminder. The assertion of further damage and the initiation of judicial dunning proceedings are reserved in each individual case. We are entitled to demand security at any time because of our claims. If the economic situation worsens after the conclusion of the contract – in particular due to suspension of payments, attempts to settle out of court or the opening of settlement or bankruptcy proceedings – or if the legal situation of the customer changes or if he does not provide the required security or if he comes with a payment from other deliveries – in default, all subsidies against him are due immediately, even if bills of exchange have been accepted or deferral has been agreed. The same applies if the deterioration in the economic situation already existed at the time the contract was concluded, but was not known to us. We are further in these cases
entitled to refuse full or remaining fulfillment – also of other contracts that have not yet been completed – to withdraw from individual or all contracts and / or to demand compensation.
If the customer is obliged to pay damages according to these conditions or according to legal regulations, the damage to be compensated amounts to 25% of the purchase price excluding VAT. The damage is to be set higher or lower if we can prove a higher damage or a lower damage by the customer. Bills of exchange, money orders and checks are only accepted on account of payment and not in lieu of performance. Collection costs, discount charges and bill tax are borne by the customer. The customer has no right of retention unless it is based on the same legal contractual relationship. The right to set-off of the customer is excluded, unless the set-off takes place with an undisputed or legally established funding.
We guarantee the quality of the construction and execution for a period of 12 months from the date of delivery. All parts which, if used properly during this period, can be proven to be unusable or defective due to poor material, faulty construction or poor workmanship, will be repaired free of charge. This entitlement only exists if the operating instructions have been observed and appropriate handling has been carried out. The operation is particularly not appropriate if insufficient maintenance has been carried out or excessive use or personal changes have been made. The defect must be reported in writing. In the case of obvious defects, the notification period is one week. The date of the postmark applies for timeliness. If the purchaser is a registered trader, the notification of recognizable defects or any other loss of warranty rights must in any case be made within one week. If a complaint is made properly, we are only obliged to make improvements. If this fails, the customer can request a reduction in the payment or cancellation of the contract.
Delivered goods remain our property until all obligations arising from the delivery contract have been fulfilled in full. Delivered goods are subject to retention of title until all other claims between us and the customer have been fully met. Goods delivered under retention of title may be resold by the customer in the ordinary course of business. If the customer sells goods designated under retention of title in the ordinary course of business, he assigns the partial amount of his claim against the third party when placing the order, which corresponds to the value of the goods delivered by us. Claims are assigned between the customer and the third party, both from concluded work or delivery contracts and from concluded service contracts. A special declaration of assignment is not required. As long as the customer duly fulfills his payment obligations to us, he is authorized to accept these claims
move in for us. We are entitled to disclose this assignment to the third party at any time. The customer is obliged to announce any assignment prohibition that may exist when placing the order with the third party. If the customer does not comply with this obligation or if the third party does not approve the agreed assignment, we are released from the delivery obligation. If the customer produces a new movable item with the goods we have delivered, the following additional provisions apply: During production, we are considered the manufacturer within the meaning of Section 950 BGB and acquire ownership of the intermediate and end products. If the new item is also made from other materials not supplied by us, our co-ownership share is determined by the ratio of the value of the goods supplied by us to the other materials. The processed goods serve to secure all claims to the business relationship for any legal reason. Of the
The customer is only the custodian of the goods manufactured in this way. He is entitled to sell the manufactured product in the ordinary course of business. He hereby assigns all claims against third parties arising from the resale or any other legal reason to us as security, also to the extent that the goods have been processed. As long as the customer is
If he duly fulfills his payment obligations to us, he is authorized to collect this claim for us. In this regard, too, we are entitled at any time to notify you of the transition. If the goods delivered under retention of title become an integral part of an immovable item, the purchaser assigns his claims against the third party in the amount of the value of the installed goods or, after processing, in the amount of the value of our co-ownership. Claims are assigned between the customer and the third party, both from concluded work or delivery contracts and from concluded service contracts. Any access to the assigned claims must be reported immediately.
The law of the Federal Republic of Germany.
For all current and future claims from the business relationship with full merchants as well as for claims that are asserted by way of the dunning procedure, the
the place of jurisdiction applicable to us has been agreed. The same place of jurisdiction applies if the customer does not have a general place of jurisdiction in Germany, his or her usual place of residence after the conclusion of the contract
The place of residence has been relocated from Germany or his place of residence or usual place of residence is unknown at the time the action is brought. Should a provision of our sales and delivery conditions be void for any reason, the validity of the remaining provisions shall remain unaffected. Instead of an ineffective regulation applies
what is legally permissible.
BIQ-medical GmbH , owner Peter Benner
D- 78647 Trossingen
Mobile: +49 177 8685060
Phone: +49 7425 95233 10
Fax: +49 7425 95233 15
VAT ID no .: DE 345878523
St.-No .: 21101/56104