General Terms and Conditions
The following provisions are binding for business transactions with Weyergans High Care AG (hereinafter referred to as the company) and are recognized by the customer, unless otherwise agreed in writing:
1. Order
Orders must be in writing. Orders that are processed under the usual terms of payment are legally valid by means of order forms, as well as by letter, postcard, e-mail or fax. Orders placed by telephone become legally valid once the order confirmation has been received; this can also be the invoice. Orders that are processed via leasing or hire purchase (see 9) require the special written form.
Orders must be in writing. Orders that are processed under the usual terms of payment are legally valid by means of order forms, as well as by letter, postcard, e-mail or fax. Orders placed by telephone become legally valid once the order confirmation has been received; this can also be the invoice. Orders that are processed via leasing or hire purchase (see 9) require the special written form.
2. Delivery
With the exception of personal delivery, delivery is at the risk of the customer. If the customer does not issue any special instructions in the event of shipment, there will be no transport insurance. Any insurance costs and costs for any shipping by express are at the expense of the customer. In the event of a justified complaint about a delivery (bad or different delivery), the sales department undertakes to provide subsequent performance or a reduction in price in accordance with the statutory provisions.
With the exception of personal delivery, delivery is at the risk of the customer. If the customer does not issue any special instructions in the event of shipment, there will be no transport insurance. Any insurance costs and costs for any shipping by express are at the expense of the customer. In the event of a justified complaint about a delivery (bad or different delivery), the sales department undertakes to provide subsequent performance or a reduction in price in accordance with the statutory provisions.
3. Delivery time
Deliveries are made immediately from stock as far as possible. A fixed delivery period only exists if the delivery time has been expressly agreed as binding. The company reserves the right to supply itself. If the company is in default, the customer must set a reasonable grace period.
Deliveries are made immediately from stock as far as possible. A fixed delivery period only exists if the delivery time has been expressly agreed as binding. The company reserves the right to supply itself. If the company is in default, the customer must set a reasonable grace period.
4. Warranty
Unless otherwise offered, the company guarantees a subsequent performance claim for delivered goods that occurred before or within 12 months of delivery, at its option of repair or replacement. In the case of consumable items, manufacturing, processing or material defects can only be recognized if they are reported to the company within 14 days. Any warranty is excluded for goods that have been treated or used improperly as a result of external influences of any kind or contrary to the company's or manufacturer's technical guidelines or otherwise, as well as for natural wear and tear. Warranty claims can only be recognized if the claim for supplementary performance is reported to the company in writing and in a timely manner immediately after it has been determined. Further claims for compensation for damage that did not occur directly on the delivery item remain excluded.
Unless otherwise offered, the company guarantees a subsequent performance claim for delivered goods that occurred before or within 12 months of delivery, at its option of repair or replacement. In the case of consumable items, manufacturing, processing or material defects can only be recognized if they are reported to the company within 14 days. Any warranty is excluded for goods that have been treated or used improperly as a result of external influences of any kind or contrary to the company's or manufacturer's technical guidelines or otherwise, as well as for natural wear and tear. Warranty claims can only be recognized if the claim for supplementary performance is reported to the company in writing and in a timely manner immediately after it has been determined. Further claims for compensation for damage that did not occur directly on the delivery item remain excluded.
5. Prices
The prices are owed in euros and can be found in the valid price lists or order forms. The prices in previous price lists are no longer valid after a new list has been published. Packaging and transport costs are only included in the prices within the Federal Republic of Germany. Additional costs, e.g. costs for letters of credit, foreign exchange fees or costs arising from payment by cash on delivery, shall be borne in full by the customer. Insofar as the VAT amounts are not shown in the prices, the prices are net in all cases. Domestic value added tax must then be added at the respective statutory rate.
The prices are owed in euros and can be found in the valid price lists or order forms. The prices in previous price lists are no longer valid after a new list has been published. Packaging and transport costs are only included in the prices within the Federal Republic of Germany. Additional costs, e.g. costs for letters of credit, foreign exchange fees or costs arising from payment by cash on delivery, shall be borne in full by the customer. Insofar as the VAT amounts are not shown in the prices, the prices are net in all cases. Domestic value added tax must then be added at the respective statutory rate.
6. Terms of Payment
Unless otherwise agreed, payments are to be made immediately from the invoice date without any deductions. If the payment term is exceeded, the company has the right to default interest at the statutory rate. In the event of a delay in payment, €10 will be charged for any reminders.
Unless otherwise agreed, payments are to be made immediately from the invoice date without any deductions. If the payment term is exceeded, the company has the right to default interest at the statutory rate. In the event of a delay in payment, €10 will be charged for any reminders.
7. Export Clause
In principle, goods delivered domestically and their accessories are intended for exclusive domestic use. Any resale to a country other than the Federal Republic of Germany must be reported in advance and approved in writing by the company due to civil law and technical regulations and in order to reject claims for recourse.
In principle, goods delivered domestically and their accessories are intended for exclusive domestic use. Any resale to a country other than the Federal Republic of Germany must be reported in advance and approved in writing by the company due to civil law and technical regulations and in order to reject claims for recourse.
8. Retention of Title
The delivered goods remain the property of the company until all claims have been paid in full. The goods subject to retention of title may not be resold, pledged or assigned as security without consent. The place of jurisdiction is Düren.
The delivered goods remain the property of the company until all claims have been paid in full. The goods subject to retention of title may not be resold, pledged or assigned as security without consent. The place of jurisdiction is Düren.
9. Leasing
When purchasing equipment, the company hands over the processing to a leasing partner at the request of the customer. In this case, the leasing company acts as the customer.
When purchasing equipment, the company hands over the processing to a leasing partner at the request of the customer. In this case, the leasing company acts as the customer.
10. Security obligation
The instructions for use and lists of indications that are part of the equipment of each device are decisive for the use of medical and cosmetic devices. If by mistake a device is not accompanied by an indication list, the customer is required to request this from the company immediately. The customer does not incur any costs as a result. All claims of a third party against the customer due to infringement, negligent use and improper handling are not at the expense of the company.
The instructions for use and lists of indications that are part of the equipment of each device are decisive for the use of medical and cosmetic devices. If by mistake a device is not accompanied by an indication list, the customer is required to request this from the company immediately. The customer does not incur any costs as a result. All claims of a third party against the customer due to infringement, negligent use and improper handling are not at the expense of the company.
11. Online Resale Exclusion
The company's products are not intended for resale through online stores. Any exceptions require prior agreement to avoid a cease-and-desist order. This agreement is bound to the written form.
The company's products are not intended for resale through online stores. Any exceptions require prior agreement to avoid a cease-and-desist order. This agreement is bound to the written form.
12. Liability for Claims
The company is not liable to the customer for the existence under competition law of any advertising statements made by the company in the course of business if these advertising statements are used by the customer for his advertising or are essentially changed.
The company is not liable to the customer for the existence under competition law of any advertising statements made by the company in the course of business if these advertising statements are used by the customer for his advertising or are essentially changed.