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General terms of sale and payment of the company FAROMED GmbH
1. All our offers are submitted without obligation, unless otherwise specified. Offers made ‘ex stock’ are subject to the reserve ‘unless sold’.
2. Orders are obligated for us only after written confirmation. Events beyond our control release us from the obligation to supply. To cancel a placed order by the buyer requires our written confirmation. The minimum net value for deliveries to foreign countries is € 60,-
3. The prices of our lists and offers are understood for delivery ex works Berlin in EURO (€). All goods are invoiced at the prices valid on the day of delivery.
4. Costs of shipment (packing, postage etc.) are charged at cost price.
5. Deliveries: Delivery times stated should in every case be considered as approximate ones. We shall always endeavour to observe them, however, we cannot assume any legal obligation in this respect.
6. Delays in deliveries: Circumstances and events beyond our control, such as sack of raw materials, interruptions in production, of force majeure etc. whether occurring with us or with our suppliers release us from the obligation to supply within the time stipulated. In such cases, we are entitled to either withdraw from the contract or to postpone delivery to a later date. The buyer shall not be entitled to claim damage for delayed delivery or non fulfilment of orders.
7. Shipments are invariably made for account and risk of the buyer, even if CIF-
8. Part shipments shall be admitted in all cases and will have to be paid for as separate shipments.
9. Special makes: The prices for the same are based upon our cost price. Orders on special makes can only be cancelled with our explicit prior consent. We are not liable to verify whether samples, sketches, blueprints etc. serving as patterns in manufacture are legally protected. This shall be the buyer’s responsibility.
10. Guaranty and complaints: Our products are guaranteed as to material, quality and first rate workmanship. Complaints, if any, are to be made within ten days after receipt of the goods in writing. We may either replace goods returned in defective condition or abstain from executing the order. The buyer shall not be entitled to refuse a replacement. Beyond this, no further claims can be accepted by us. Further, we shall not be liable for any damages due to improper handling, incorrect application or the like. This also refers to damages that might be caused to patients by instruments of our make likely to show defects.
11. The returning of goods: Each return of goods needs the prior written consent from FAROMED GmbH Medizintechnik. The invoiced value will be credited less revision costs of at least 35% plus costs for refurbishing, if necessary. The return has to be effected without any charges for FAROMED GmbH Medizintechnik. Special makes, items expiring from our range and articles not appearing in our catalogues are excluded from returning.
12. Payment must be made as agreed upon and without any loss to us. Payments in foreign currencies are credited with the respective equivalent in EURO. If, in the course of a contract, the financial situation of a buyer should deteriorate, or if we should receive unfavourable information as to his standing, or particularly in cases where invoices having fallen due have not been settled as agreed upon, we are entitled to claim immediate payment for all shipments already effected. We shall further be entitled to ask for advance payment or sufficient security for future shipments, or we many prefer to withdraw from the contract. In case of delay in payment an additional fee of 8% per year plus the official german base rate of interest of the invoice total will be raised from due date of invoice.
13. Reservation of ownership: All goods supplied by us remain our property until fully paid for -
14. Catalogues, etc.: All our catalogues, price lists, leaflets etc. remain our property even if a fee has been charged for same. They must not be copied or passed on to our competitors or other persons unauthorised without our consent. We have the right to prosecute such actions. All illustrations and measurements given in our catalogues are not binding. Our instruments are subject to modification, if need be, in view of technical improvements and in conformity with the current requirements of modern medicine.
We shall not be held responsible for any printing or other errors in our catalogues, price lists, etc. All verbal, telephonic or telegraphic arrangements as well as any agreements made without our representatives or salesmen are subject to our written confirmation.
15. Place of settlement and venue for deliveries and payments is invariably Berlin. Only German jurisdiction shall be applicable to all parties concerned. Should any or several provisions of the conditions prove ineffective, the contract as a whole shall remain operative. For any ineffective provision a legally admissible regulation corresponding to its economic purpose shall be applied. Several individuals acting as a buyer will be held liable as joint debtors.
Faromed GmbH Medizintechnik, Saalmannstr. 9, 13403 Berlin, Germany, phone +49 –(0)30-
Internet: www.faromed.de; Email: info@faromed.de