MVK line
 

General Terms and Conditions

1. General Terms

a) Each contract is to be concluded in accordance with the following terms of delivery

and payment.

2. Place of fulfillment, jurisdiction

a) Place of fulfillment for both parties is Wennigsen, sole jurisdiction is also Wennigsen.

b) Everything is subject to German law.

3. Passing of risk and receipt of the goods

The risk passes to the ordering party upon dispatch of the parts to be delivered at

the latest, including in such cases in which part deliveries are effected, or in which the

supplier assumes further responsibilities, such as dispatch costs or transportation and

assembly.

4. Prices and payment

a) In the absence of any other special agreement, prices apply ex-works, excluding

packaging, freight, insurance. The mandatory rate of value-added tax is to be added to

the prices in each case.

b) Withholding of payment or offsetting of payments against any counterclaims of the

ordering party which are contested by the supplier and which have not been recognised

by declaratory judgement are not admissible. Invoices are to be made out in

German marks.

c) The seller is bound to the agreed contractually prices for the period of 6 weeks after

the conclusion of the contract.

d) Invoices are payable within 10 days after date of invoice without any deduction.

e) Particular payment terms have to be concluded in written by both parties.

f) The supplier is entitled, after prior dunning notice, to charge interest on defaulted

payment at the rate of 5% above the valid discount rate of the German Central Bank,

for invoices not yet paid.

5. Reservations of ownership

a) The supplier retains the title to the object to be delivered until all payments due in ac

cordance with the supply contract have been received. The ordering party hereby

assigns this claim to the supplier. The supplier accepts the assignment.

b) If the supplier has carried out repair work only for the ordering party, the ordering

party assigns his claim against his contracting partner to the supplier, until final

settlement of the amount of repair costs owed to the supplier. The ordering party

undertakes to notify the supplier of the final purchaser on request.

c) The ordering party is not allowed to pledge or to transfer ownership of the object to

be delivered as security. The ordering party is to inform the supplier immediately of

any case of seizure, confiscation or other disposal of the object by a third party.

d) In the event of any behaviour in breach of the contract on the ordering party, in

particular in the case of default in payment, the supplier is entitled to take back the

object delivered after issuing a demand for payment, and the ordering party is obliged

to return the object concerned at his own charge.

6. Liability for defects in the delivery

The supplier is liable for any defects in the delivery, which include the absence of

characteristics which have been expressly guaranteed, as follows:

a) All those parts of the object of the contract which prove to be unusable o the usability

of which proves to be not insignificantly diminished within six months after passing of

the risk, are to be repaired or replaced free of charge, at the choice of the supplier,

insofar as the defect originates from a condition prior to passing of the risk. The

supplier is to be notified immediately in writing in the event of any such defects being

established. Any replaced parts become the property of the supplier.

b) The right of the ordering party to assert claims resulting from defects becomes

statute-barred in all cases six months from the time of punctual notification, but upon

expiry of the warranty period at the earliest.

c) No responsibility is accepted for damage occurring as a result of the following

reasons: Inappropriate or incorrect use, incorrect assembly or starting-up by the

ordering party or third parties, natural wear and tear incorrect or neglectful treatment,

unsuitable fuels, replacement materials, chemical, electronic or electrical influences,

insofar as they are not accountable to fault on the part of the supplier.

d) Liability does not apply to the consequences of any modifications or overhauling

work carried out by the ordering party incorrectly or without prior permission from the

supplier.

e) Any further claims by the ordering party, in particular claims for damages, which do

not arise on the object to be delivered itself, are excluded. This exclusion of liability

does not apply in the event of damage being caused intentionally or by gross negligence

on the part of the owner or executive personnel, nor in the absence of expressly

warranted characteristic, if the purpose of the warranty is to cover the ordering party for

damage occurring not on the object to be delivered itself.

7. Return of delivered goods

In the event of delivered goods being returned by the ordering party in agreement

with the producer or if an order of already produced goods is cancelled, the producer

is entitled to charge 20% of the gross price of the order as an administrative fee,

unless return of the goods takes places on the basis of the warranty or due to incorrect

delivery on the part of the producer.

8. Repairs

a) The submitted repair objects have to be free from unhealthy viruses and germs, especially

the instruments from the dentists have to be sterilized before sending them in.

b) Repair objects which were sent in without mentioning the defects, will be checked.

Determined defects will be eliminated.

c) Looking for the defect requires time, therefore the incurred cost will be charged,

even if:

- the defect complained about did not occure by testing it,

- the needed spare part can not be obtained,

- by cancelling the order during carrying out.

d) If the repair should not be carried out, the repair objects does not have to be turned

into to original condition.

e) The costs of the repair, which were mentioned in the costs estimate, refer to each

mentioned work and to the listed spare parts. The final costs can only be determined

by repairing the object. In the event, that the cost estimate would be much higher then

expected, a notification will be given before finishing the repair.

f) If a repair should not being carried out the transportation costs have to be paid by the

customer.

g) Non-approved repairs to be discarded after 12 months without notice.

9. Shipment

Insurance is covered up to 500,- € for repaired parts and supplies of new goods.

Above 500,- € the risk of damage and loss has to be taken by the customer.

10. Concluding clause

a) Any different or supplementary agreements are effective only when confirmed

in writing.

b) In the event of any of the above individual conditions becoming legally ineffective,

the content remains otherwise valid.

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MVK line
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MVK line
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MVK line