Scope of these General Terms and Conditions
These terms and conditions shall apply to all orders placed by customers electronically, by telephone, by letter, by fax, by e-mail or by personal contact with Medel. These terms and conditions shall also apply to all future business relations, even if not expressly agreed again. Deviating, conflicting or supplementary general terms and conditions or customer provisions shall not become part of the contract unless their validity is expressly agreed in writing.
Conclusion of contract
(1) A contract shall only be concluded when an order from the customer has been accepted by Medel. Medel shall accept the order either by sending the customer an order confirmation (by fax, e-mail or letter post) or by delivering the ordered goods.
(2) Information contained in brochures, advertisements, the homepage or comparable media of Medel shall be non-binding – also with regard to price quotations.
Prices and terms of payment
(1) The net prices valid at the time of conclusion of the contract shall apply, plus the statutory value added tax.
(2) Payment shall be made at the latest within 14 days of invoicing without deduction, unless other payment periods have been agreed in writing. Medel reserves the right to deliver only by prepayment or cash on delivery.
(3) Interest on arrears shall be charged at a rate of 5% p.a. above the respective base rate. Medel reserves the right to claim higher damages for default. In the event that Medel asserts a higher damage caused by default, the customer shall have the possibility to prove to Medel that the asserted damage caused by default has not been incurred or has been incurred in at least a significantly lower amount.
Unless expressly agreed in writing as binding, delivery dates or periods are non-binding.
The commencement of a delivery period promised in writing as binding shall be subject to the timely and proper fulfilment of the customer’s obligations. We reserve the right to plead non-performance of the contract.
Transfer of risk
The risk shall pass to the customer as soon as the goods have been handed over or the consignment has been handed over to the person carrying out the transport or has left the seller’s company for the purpose of dispatch. If dispatch is delayed at the customer’s request, the risk shall pass to the customer upon notification that the goods are ready for dispatch.
Retention of title
(1) The delivered goods shall remain the property of Medel (reserved goods) until all claims to which Medel is entitled against the customer now or in the future, irrespective of the legal grounds, have been settled in full. The customer may not dispose of the reserved goods.
(2) In the event of access by third parties (in particular: bailiffs) to the reserved goods, the customer shall point out Medel’s ownership and notify Medel immediately so that Medel can enforce its ownership rights. Insofar as the third party is not in a position to reimburse Medel for the judicial or extrajudicial costs incurred in this connection, the customer shall be liable for this.
(3) In the event that the customer acts in breach of contract – in particular in the event of default in payment – Medel shall be entitled to withdraw from the contract and to demand the return of the goods subject to retention of title.
Rights of the customer in the event of defects
(1) If the delivered item does not have the agreed quality or is not suitable for the use presumed under the contract or the use in general or if it does not have the properties, Medel shall in principle provide subsequent performance by making a subsequent delivery of a defect-free item.
(2) Multiple subsequent delivery shall be permissible.
(3) In cases of subsequent delivery, the customer shall surrender the defective item and pay compensation for the value of the use made of it.
Complaints due to price and/or quantity differences, transport damage, delivery delays and the like must be reported to Medel in writing without delay.
Offsetting and retention rights
The customer shall only have the right of set-off if his counterclaims have been legally established or are undisputed. The customer shall only be entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
Limitation of liability
The Seller shall not be liable for damage caused by him, his legal representative or vicarious agent through simple negligence. This applies without regard to the legal nature of the asserted claim, in particular from delay, other breach of duty or tort. This limitation of liability does not apply to damages resulting from injury to life, body or health and from breach of essential contractual obligations.
Return of goods
(1) An exchange of goods for custom-made products, sterile goods, hygiene articles and wear parts such as batteries is excluded. In all other respects, goods may only be exchanged after a corresponding agreement has been made. The rights arising from warranty or consumer protection regulations (e.g. distance contracts) remain unaffected by this.
(2) The costs for taking back the goods shall be borne by the customer – insofar as this is legally permissible.
The taking back of goods is subject to the condition that the goods are undamaged, unused, functional, complete and in perfect condition and that they are in their original packaging. In the event of non-fulfilment of these conditions, Medel may charge a processing fee in an appropriate amount.
(1) These General Terms and Conditions shall be governed by German law.
(2) The place of jurisdiction for all obligations arising from this contractual relationship shall be Hamburg.
(3) Should one or more provisions of the contract concluded between Medel and the customer be or become invalid for reasons not based on the statutory regulations for general terms and conditions, the validity of the remaining provisions of the contract shall remain unaffected. The invalid provision shall be replaced with retroactive effect by the valid provision that comes closest to the economic purpose intended by the parties when the contract was concluded. The same shall apply in the event of a loophole in the respective contract.