1.1. The following terms and conditions (GTC) of Medical Chair Production GmbH apply to all contracts concluded with the company's commercial customers. They also apply to all future business with the customer, even without a separate new agreement.
1.2. The customer recognizes the General Terms and Conditions of Medical Chair Production GmbH for this contract and also for all future contracts as binding. Terms and conditions of the customer or third parties do not apply.
2.1. Offers by Medical Chair Production GmbH are subject to change and non-binding unless they are expressly marked as binding.
2.2. Medical Chair Production GmbH can accept orders from the customer within 14 days of receipt by means of a written confirmation of the offer. The contract is concluded through the written confirmation of the offer; this also applies to any changes or additions to the orders.
2.3. We reserve the property rights and copyrights to all documents provided to the customer in connection with the placing of the order. These documents may not be made accessible to third parties unless we give our express written consent. Insofar as we do not receive the customer's offer within the period from 2.2. accept, these documents are to be returned to us immediately.
The prices are calculated exclusively in EURO, they are net prices. The statutory value added tax is to be paid additionally.
3.1. Packing and loading.
Packaging and loading costs will be invoiced separately. The prices are only valid for the respective order.
4.1. The place of performance for deliveries is the headquarters of Medical Chair Production GmbH.
4.2. If the goods are sent to the customer at the request of the customer, the risk of accidental loss or accidental deterioration of the goods is transferred to the customer as soon as the goods (including partial deliveries) have been handed over to the third party appointed to carry out the shipment. This applies regardless of whether the goods are dispatched from the place of performance or who bears the freight costs. Insurance against transport damage is only taken out at the express request and at the expense of the customer.
4.3. In the event of delays in handover or dispatch for which the customer is responsible, the risk passes to the customer upon notification of readiness for dispatch.
4.5. If there are no special instructions from the customer, the choice of the transport route and means is made by Medical Chair Production GmbH, without guarantee or liability for the cheapest and fastest shipping method.
5.1. Promised delivery times are to be understood as expected delivery times, unless a specific date has been expressly set in writing. If the parties have agreed on a delivery period, this begins on the date of the order confirmation. The delivery deadline is met if the goods have left the factory by the time it expires or readiness for dispatch has been communicated.
5.2. Compliance with the agreed delivery and service dates requires the timely receipt of all documents to be provided by the customer as well as the timely provision of all necessary information and the fulfillment of all other obligations by the customer. If these requirements are not met in a timely manner, the deadlines will be extended accordingly.
5.3. Medical Chair Production GmbH is not liable for delays in delivery due to force majeure or other events not foreseeable at the time the contract was concluded (e.g. strike, operational disruptions, late delivery, transport delays, unfavorable weather conditions, etc.) for which it is not responsible. The delivery period is extended by the duration of the temporary impediment to performance for which Medical Chair Production GmbH is not responsible, plus an appropriate resumption period.
5.4. Medical Chair Production GmbH is entitled to make partial deliveries, provided that the partial delivery can be used by the customer within the scope of the contractual intended purpose, the delivery of the remaining goods is ensured and the customer does not incur any additional costs.
6.1. Invoice amounts are to be paid in full to one of the bank accounts specified by us within 30 days of the invoice being issued and (Section 286 (3) BGB) receipt of the invoice. The right to deduct a discount is only granted if it is expressly indicated on the invoice.
6.2. If the customer does not pay by the due date, interest will be charged on the outstanding amounts at the statutory interest rate. The assertion of a higher damage caused by default remains reserved.
6.3. If the customer defaults on a payment, all other claims based on the same legal relationship are due for payment immediately without the need for a separate notification.
6.4. The customer is only entitled to offset if his counterclaims have been legally established or are undisputed. The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
7.1. The goods delivered by Medical Chair Production GmbH remain the property of Medical Chair Production GmbH until all future claims against the customer have been settled in full.
7.2. The customer may sell the reserved goods in the ordinary course of business. He is not entitled to other dispositions, in particular to assignments by way of security and pledging. The customer's claims from the resale of the goods subject to retention of title (including other claims such as insurance claims or claims from tort in the event of loss or destruction) are now assigned to Medical Chair Production GmbH by way of security. Medical Chair Production GmbH accepts the assignment. The customer is entitled to collect the assigned claim as long as he fulfills his payment obligations. If the customer defaults on payment, we are entitled to revoke the authorization to collect.
7.3. The customer is obliged to notify us immediately of any access by third parties to the goods delivered under retention of title and to provide the information and documents required to assert our rights. At the same time, the customer must inform the third party of the ownership of Medical Chair Production GmbH without being asked. The customer has to bear the resulting costs.
7.4. In the event of an application for insolvency affecting the customer, we already prohibit the resale or processing of our reserved goods and revoke our authorization to collect the claims assigned to us.
8.1. The customer has to examine the delivered goods immediately after delivery. The regulations in the HGB (commercial code) apply.
8.2. In cases of defective delivery, we have the right, at our own discretion, to repair the defective item or to replace it with a new delivery free of defects. The customer is obliged to make the defective item available to us for inspection and repair. If the improvement or subsequent delivery fails, if it is not performed within a reasonable period of time or if it is rejected by us, the customer can either withdraw from the contract or reduce the purchase price. The warranty does not apply if the customer changes the delivery item or has it changed by a third party without our consent and this makes it impossible or unreasonably difficult to remedy the defect. In any case, however, the customer must bear the additional costs of remedying the defect resulting from the change.
8.3. A possible guarantee that we give to the first user of the rehabilitation aids is not affected by the above regulations.
8.4. Further claims by the customer, in particular for compensation instead of performance and for compensation for any other direct or indirect damage - including accompanying or consequential damage, regardless of the legal reason - are excluded. This does not apply if Medical Chair Production GmbH has fraudulently concealed a legal or material defect or if the damage is due to intent or gross negligence on the part of Medical Chair Production GmbH, its legal representatives or vicarious agents, or if there is a negligent breach of essential contractual obligations. In the case of damage to property and financial losses caused by slight negligence, however, Medical Chair Production GmbH's obligation to pay compensation is limited in terms of the amount to the foreseeable damage typical for the contract.
Claims by the customer due to material defects become statute-barred in two years for new goods, in one year for used goods / replacement devices, repairs, etc. from the handover / delivery of the goods to the customer.
Constructive changes to Medical Chair Production GmbH articles by the customer or a third party commissioned by him are not permitted, otherwise no liability is accepted.
Returns of goods are only permitted by prior agreement. Goods sent without an agreement will not be processed further. Storage costs will be charged.
Order cancellations without the prior consent of Medical Chair Production GmbH will not be recognized.
If the cancellation of finished, deliverable products has been approved, the following applies: - Rehabilitation - Articles are fully credited. Custom-built wheelchairs and sports wheelchairs are generally not taken back. - If adaptive wheelchairs are canceled, 20% of the net value of the goods will be retained. A 10% cancellation fee will be charged for standard or lightweight wheelchairs.
Our prices do not include the cost of taking back and disposing of complete old devices from users other than private households. Upon request, we will organize the return and recycling / disposal of such devices, insofar as they were sold by us, against reimbursement of the costs incurred. Returns without the prior consent of Medical Chair Production GmbH are not possible.
We are entitled to store personal data of the customer within the framework of the statutory provisions, in particular the Federal Data Protection Act, and to process it internally.
For all legal disputes arising from the contractual relationship, the place of jurisdiction is generally determined by our company headquarters in Iserlohn. The law of the Federal Republic of Germany applies to the exclusion of the UN sales law. Should individual provisions of these General Terms and Conditions be wholly or partially void or ineffective, the validity of the remaining provisions remains unaffected.