General Terms and Conditions of Sale, Delivery and Payment
Our offers are subject to confirmation.
Cost estimates for repairs are not binding.
Orders shall only be accepted by us, when they have been confirmed in writing or an invoice has been issued. For all orders, our General Terms and Conditions of Sale, Delivery and Payment shall be applicable for the duration of the business relationship. Deviating counter-terms of Purchaser shall only be valid, if they have expressly been acknowledged by in writing.
3. Delivery conditions
The lead times stated in the order confirmation are approximate and not binding for us. Partial deliveries are permitted. All deliveries, including partial deliveries, shall travel at the risk of the commercial Customer. Events of force majeure, strikes, shortage of raw materials, interruption of operations, war and other circumstances we are not to be held responsible for and they give us the right to delay execution of orders in whole or in part without the Purchaser having any entitlement to claims for damages.
4. Payment terms
Prices apply ex works, value-added tax, freight and packaging costs are excluded.
In the event that more than 4 months have passed between order placement and commencement of order execution, then – provided that new price lists have become effective in the meantime – the new prices shall apply to the order. However, Customer may rescind the contract by written notice to McLean REHAtechnik GmbH, when the new price has increased by more than 5 % compared to the old price. Rescission is excluded however, when McLean REHAtechnik GmbH have, immediately upon receipt of the letter of rescission, declared to Customer in writing, that they will fulfill the order under the old price list.
Our invoices are payable net, within the agreed payment time.
Should the payment time be exeeded, we will charge default interest in an amount which is in keeping with common bank practice, but not below 8 % above the basic interest rate.
Set-offs with counterclaims or retention of due invoice amounts shall only be permitted when the claim concerned is uncontested or acknowledged by us or if it has been determined by declaratory judgement..
In the event of payment default, we shall be entitled to reclaim the goods under reservation of title.
5. Reservation of title
The goods supplied shall remain our property until paid in full (all open invoices). In case of processing, reselling or encumbrance of the supplied item, the reservation of title shall continue in such a manner that any claim which the Customer and/or the Purchaser may have against the third party concerned will pass to us and/or will be considered as assigned to us upon its creation. If Customer and/or Purchaser combines the goods supplied under reservation of title with another item in such a manner, that both become essential components of a new, uniform item, then we shall acquire co-ownership in the new item commensurate to the value (invoiced price) of the supplied item.
The purchase price claim created when the combined item is resold, shall, in the amount of the value (invoiced price) of our co-ownership share, also be subjected to an assignment of future claims, in order to secure our claims.
Customer and/or Purchaser has the duty to inform us immediately of any agreements with third parties conflicting with the transfer of claim. When the goods supplied under reservation of title are resold, it shall not be permitted to conclude any agreements with the second purchaser to the effect that the purchase price claim due to him under the resale is not assignable or that it may only be assigned with consent of the second Purchaser.
Customer and/or Purchaser has to notify us without delay in the event of any attachment.
Customer and/or Purchaser shall pay all costs incurred by us on account of the resumption of possession of the property under reservation of title. Should we avail ourselves of our entitlement to return of property, we shall, Customer’s and/or Purchaser’s obligation to pay notwithstanding, have the right to exploit the purchased item plus accessories, possession of which was resumed by us, in the best possible manner by sale in the open market.
Our deliveries and services shall be considered as accepted unless the Customer notifies us in writing of any complaints about recognisable defects within 8 days after receipt of the orthopaedic appliances or components of such appliances. In the event of defective deliveries and services, we shall be entitled to rectify defects. Should such rectification of defects fail, the right to rescission, reduction of the purchase price or compensation of damages shall apply.
Excluded from warranty are damages caused by normal wear and tear as well as overloading, misuse, neglect of care and non-observance of operating instructions.
Our warranty obligation shall become extinct when the supplied item has been modified by any third party. Warranty claims shall become time-barred one year after acceptance.
7. Severability Clause
If any provision of the contract shall be invalid or impracticable in whole or in part this shall not affect the validity of the remaining part of this contract. In this case the contracting parties undertake to promptly agree on a legally permissible provision that best reflects the economic intentions. The existing provisions apply accordingly in the event that the contract is shown to have omissions.
For returns, we shall charge 10% handling costs, max. 130, - Euro
Products manufactured to customer specifications or modified by him will not be taken back..
9. Place of performance and place of jurisdiction
Place of performance for both Parties shall be Duderstadt.
Place of jurisdiction for both Parties shall be Göttingen.