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GENERAL TERMS AND CONDITIONS - Rehaforum Medical GmbH

§1 General

Our terms of business, delivery and payment shall apply exclusively. All subsidiary agreements to these conditions, even if they are accepted by representatives or employees, require our written confirmation to be valid. The invalidity of any individual conditions shall not affect the validity of the remaining conditions.

§2 Offer and conclusion of contract

Our offers are subject to change without notice. Orders are only binding for us as we confirm them or comply with them by sending the goods, verbal ancillary agreements only if we confirm them in writing.
Orders must be placed in writing by fax or e-mail. If the order is placed verbally only, transmission errors and any misunderstandings shall be borne by the customer. If there is a written order confirmation, the scope and content of the order shall be determined by this.

§3 Delivery and Delivery Periods

The goods are delivered in the specified designs and packaging units. We reserve the right to make partial deliveries.

For order values over € 150.00 net (plus statutory VAT), our deliveries shall be made free of packaging, postage and freight paid to the place of use. For order values below € 150.00 net (plus statutory VAT), we shall invoice packaging and freight costs at a flat rate of € 5.90 net (plus statutory VAT) within Germany, for deliveries abroad ex works. Under the minimum order value of 20.00 € net (plus statutory VAT), we will charge you a minimum quantity surcharge of 5.00 € net (plus statutory VAT). Additional shipping requests will be charged depending on the effort.
As long as the customer is in arrears with a liability, our delivery obligation shall be suspended.

If an agreed delivery period is culpably exceeded, default in delivery shall only be deemed to have occurred after a reasonable grace period has been set, which shall commence upon receipt of the grace period by us. If we are in default of delivery for reasons for which we are responsible, the customer shall be entitled to demand compensation for default in the amount of 0.5% for each completed week of default, but no more than a total of 5% of the invoice value of the deliveries and services affected by the default. We reserve the right to prove to the customer that no damage or a significantly lower damage has occurred as a result of the delay in delivery. Further claims are excluded unless the delay is due to at least gross negligence.

§4 Force Majeure

Cases of force majeure - such as strikes, lockouts, or other events that we cannot avert despite reasonable care under the circumstances - regardless of whether they occur in our company or at a supplier's - suspend the contractual obligations of the parties for the duration of the disruption and to the extent of its effect. If the resulting delays exceed a period of six weeks, both contracting parties shall be entitled to withdraw from the contract with regard to the scope of services affected. Other claims do not exist.

§5 Prices and terms of payment

The prices stated in our sales documents (catalogues, order price lists, etc.) relate to the date of issue.

Advertising prices are only valid during the specified period. Prices are subject to change after publication of the sales documents. In the case of contracts that have already been concluded, a change in the agreed price is excluded.

The legal value added tax is not included in our prices. It shall be shown separately in the invoice at the statutory rate on the day of invoicing.

Unless otherwise stated in the order confirmation, our invoices shall be payable with deduction of 1.5% discount within 10 days, 2% with direct debit, due without deduction 30 days after date of invoice and payable net cash. The time of performance is stated on the invoice. The customer is in default without a reminder.
If the payment deadline is exceeded, we shall be entitled to charge default interest from the start of default in the amount of the usual bank debit interest, at least 2% above the respective Bundesbank discount rate. The customer as well as we reserve the right to charge interest in the amount of in individual cases to prove a lower or higher damage.

In the event of default in payment and justified doubts as to the solvency or creditworthiness of the customer, we shall be entitled to demand securities or advance payments for outstanding deliveries and to demand immediate payment of all claims arising from the business relationship.

The customer shall only be entitled to calculation rights if his counterclaim has been legally established, is undisputed or acknowledged by u

§6 Data storage

Note according to §3 Federal Data Protection Act: Customer data will be stored.

§7 Image usage rights

The illustrations and drawings from the property of Rehaforum are only used with express permission and for the agreed purpose. They will not be passed on to third parties. The exact conditions can be found in our picture usage contract, which can be requested if required.

§8 Transport damages

If the customer detects damage to the packaging (transport damage), he must have the damage certified by the transport company upon acceptance of the goods. Transport damages which are only discovered after unpacking the goods must be reported to us in writing and received within three days of receipt of the goods.

§9 Warranty and liability

Complaints with regard to defects and quality of the delivered goods shall only be considered if they are made in writing within five days of receipt of the goods - in the case of hidden defects after their discovery, but no later than six months after receipt of the goods - accompanied by supporting documents.
Our warranty obligation shall, at our discretion, be limited to repair or replacement. If the rectification/replacement delivery fails, the customer shall be entitled, at his option, to demand rescission of the contract or a corresponding reduction in the purchase price.

Liability for consequential damages is excluded.

Liability limitations and exclusions do not apply in the case of intent or gross negligence.

§10 Return shipment

Complaints must be made within 5 working days of receipt by email, fax or telephone. The complaint is systematically recorded in the returns program and the customer is informed about further processing.

Soiled, defective, modified, used and unused goods that are not sent in original packaging are excluded from return.

Also excluded are goods that are newly returned in damaged original packaging and custom-made products. The complete terms and conditions, notes and any processing fees you may incur can be found in our returns terms and conditions, which can be requested separately from us.

Special orders are excluded from return, unless there is a qualitative defect within the warranty.

§11 Retention of title

The sold goods remain our property until the complete payment of our claims from the business relationship with the buyer. The buyer may dispose of the purchased goods in the ordinary course of business. The buyer hereby assigns to us as security any claims against third parties arising from the resale. He shall be authorised to collect such claims for our account until revocation or cessation of his payments to us.

In the event of access by third parties - in particular bailiffs - to the goods belonging to us, the purchaser shall inform them of our ownership and shall notify us immediately by registered letter or fax.

In the event of breach of contract by the purchaser - in particular in the event of default in payment - we shall be entitled to take back the goods belonging to us. The exercise of the retention of title does not mean withdrawal from the contract.

§12 Place of performance/jurisdiction

Place of performance for all obligations arising from the contractual relationship is Elmshorn.

For all disputes arising from the contractual relationship, if the customer is a fully qualified merchant, a legal entity under public law or a special fund under public law, legal action shall be brought before the court having jurisdiction for our registered office. We are also entitled to sue at the customer's headquarters.

§13 Severability clause

Should individual conditions be ineffective, the remaining conditions shall nevertheless apply.

Release 10 April 2018

Rehaforum Medical GmbH - Daimlerstrasse 12a - 25337 Elmshorn