General conditions of MedicalConnect GbR
The general terms and conditions below apply between the company MedicalConnect GbR and his business partners.Conclusion of the agreement
The order is a binding offer. We can accept at our choice after 48 hours by sending an order confirmation or the business partner get its ordered product or his device repaired back within these period of time.
Prices
The prices are indicated in Euros and without value-added tax (VAT). The VAT will be invoiced at the current rate, as well as the costs of package, insurance and shipping.
Payment
All payments are due immediately and without any deduction after receipt of the goods as far as no other written agreement. We are authorized to demand a reasonable advance payment when the contract is concluded. At non-compliance of duty of payment we are authorized to demand default interest of 6 % above the base rate. Further damage caused by delay can be asserted. The right of detention can’t be asserted by buyer (client, customer). A set-off can be made only with an undisputed or judicially determined claim. At late payment, financial difficulties, initiation of bankruptcy or composition proceeding claims – also deferred payment- shall become due immediately by MedicalConnect GbR.
Delivery periods
Delivery periods shall be binding only when they have been confirmed in writing by MedicalConnect GbR. If the order confirmation does not specify otherwise, is the place of performance is the business headquarter of MedicalConnect GbR. Partial deliveries are permissible.
The seller MedicalConnect GbR shall not be responsible for delays in delivery and rendering of service as a result of force majeure and events which significantly impede the seller in effective delivery or render such impossible,(e. g. strikes and lock-outs), even in the case of bindingly agreed-upon dates and deadlines.
Claims for compensation by the buyer due to late delivery, even after expiry of a period of grace, are excluded. Exclusion does not hold true when the delay is caused because of intent or gross negligence. If the buyer (client, customer) defaults on acceptance or infringes on other obligations to cooperate, MedicalConnect GbR are entitled to demand the damages including any additional expenditure.
The dispatch shall be performed at best discretion, but liability-free for the respectively transporting. The buyer (client, customer) assumes the risk from the moment the goods are handed over to the transport by railway, postal service or private transport companies. If the ordered goods will be returned or canceled MedicalConnect GbR reserves the right to charge a handling-free amount of 10% of the value good.
Any complaints need to be enforced in written form within 10 days after receiving the goods.
Lien/ Reservation of title
We reserve the title in the goods or the lien of repaired objects up to receipt of all payments due under the contract. If the Buyer (client, customer) falls into arrears on payment, we are entitled to demand fulfillment or to take back the repair object / the purchased good. This act of taking back the property or a seizure does mean a rescission from the contract. It must inform the supplier MedicalConnect GbR of confiscation as well as seizure or other actions by third parties without delay.
Warranty and liability
Used instruments, equipment or other used products were exclusively sold by MedicalConnect GbR “as used seen and checked”. A guarantee as well as a liability are expressly excluded. Special agreements can be reached in an individual case. These agreements are written recorded at date of invoice.
For repaired and overhauled endoscopes, MedicalConnect GbR provides a reparation guarantee to alle parts which were repaired or replaced. These warranty also applies to the reparations. The warranty time takes six months after completion. The warranty is limited on improvements of the executed reparation. Warranties for wear, improper and excessive use, non-compliance with the operating manual, fall down of instrument, self-reparations by buyer (client, customer), damage of liquidness and wrong storage are excluded. MedicalConnect GbR reserve the right not exclusively to use original manufactured spares for the reparation and major overhaul of flexible endoscopes. The spares we use are tuned to the special type of device.
If any moisture will be found in the mechanical and/or optical system of an endoscope at the first-check, there will be no liability for the components which weren’t replaced. For reparation of endoscopes and its equipment won’t be exclusively use original manufactured spares.
To all new instruments, optics, cameras, screens and equipment, MedicalConnect GbR gives his manufacturer’s warranty from manufacturer to the buyer (client, customer). Any other claims are excluded. The warranty for new devices amounts 1 year and starts at date of delivery.
The buyer (client, customer) must inform us of any defects in writing immediately, at latest within 10 days of receipt of the goods. Defects which in spite of a thorough search cannot be discovered within this time must be indicated immediately after its discovery. With immediate and justified notice of defects we can, at the choice of MedicalConnect GbR, either repair the defect or replace the defective good. The buyer (client, customer) is obligated to grant to the company the necessary time and to make available the rejected goods free. Otherwise the warranty claims will be lost. For all goods, which were repaired and obtained from subcontractors, the warranty will be limited to the warranty conditions of the manufacturers or repair companies. Subjective Impressions of Colour at endoscopie don’t represent a defect of a videocamera system/ video-endoscope.
Questions?
Call +49 40 69798879