GENERAL TERMS AND CONDITIONS OF SALES AND DELIVERY
GENERAL TERMS AND CONDITIONS
OF SALES AND DELIVERY
1. Acceptance and changes of the conditions
Our general terms and conditions of sales and delivery are acknowledged on submission of an order and in the event of acceptance of this order, they become an essential element of the contract. In so far as our contract partner does not agree with any element of our terms and conditions of sales and delivery, timely notification must be given in writing, detailing the desired changes, within two weeks of submission of the offer. Differences in definition and agreement require written confirmation by ourselves in order to be legally binding.
2. Reserve title
Any merchandise delivered by us remains our property until payment is made in full. Should any merchandise subject to this property clause be further delivered, this item becomes our joint property with immediate effect. If the merchandise delivered is sold by the original buyer, then the amount receivable by the original buyer for the sale of the item becomes due as security for our accounts, without a particular deed of transfer being necessary. The customer remains, however, until recall, for fiduciary collection competent and bound in his own name. The buyer must make the respective debtor known to us at our request and inform him before transfer occurs.
3.1 The catalogues, hand-outs, brochures, price-lists, or any other documents from our company are not to be understood as constituting a firm and binding offer from us. They may be amended at any time without notice.
3.2 Our company hereby expressly reserves the right to make any changes or amendments to our products or equipment it could deem appropriate concerning appearance, designation, technical data, design features, etc.
3.3 The prices quoted are only valid when the complete offer is accepted. If the offer is not accepted in its completeness, we will be entitled to apply a reduced quantity charge within our rights to compensation as a result of non-fulfillment of the contract being impaired.
3.4 All orders inferior to EUR 5,000.00 will be subject to a 10 % handling charge.
4. Acceptance of orders
Orders are only accepted when they have been confirmed in writing by ourselves. All agreement concluded previously that are not contained in the confirmation are invalid. Sundries and small articles are delivered without confirmation in a simplified way.
5. Delivery time
The beginning and ending of deliveries, assemblies, and work are to be in accordance to prior agreement. We accept no responsibility for non-fulfillment of agreed obligations in so far as unforeseeable circumstances prevent punctual completion and cause delays.
Penalties for delays and alike are ruled out. Delivery deadlines are not binding. They will be kept by ourselves wherever possible. We have claim to reasonable extension of deadline or withdrawal from the contract in cases of delay due to force majeure, strikes, fire, floods, natural catastrophes, etc.
6.1 All prices are quoted in EURO (€).
6.2 Payment must be made prior to the shipment.
6.3 Payment of the invoice should be made to our business account:
Sparkasse Oberhessen - Germany; routing no. 51850079; account SCHÜTZ-DENTAL GMBH no. 0070002400
6.4 Payments are made upon submission of the relevant exhibits, unless otherwise expressly specified by both parties' written agreement. Any delay in paying any amount at the due date bears interest on overdue payment at a rate equaling the market rate discount. In the event of any delay in paying any amount at the due date, our company reserves the right of holding up, without formalities, the execution of other purchase orders being in its backlog.
6.5 In accordance with applicable privacy laws, we reserve the right to conduct a credit assessment. Depending on the result of this assessment, we may adjust your desired method of payment. It is at our discretion to require special terms of payment, i. e. irrevocable L/C in our favor, cash against documents at first presentation or even payment in advance.
7.1 Shipments are ex works, Rosbach/Germany.
7.2 We expect our customers to give exact instructions regarding choice of transport, i. e. railway, post, truck, air or sea freight. We are prepared to request freight offers on the customer's behalf. The customer accepts any changes of freight charges.
We recommend transporters who have proven fast and reliable, however, we reject any responsibility for the service or delays in delivery during transport.
Packing is not included in the price.
Our products are not insured, but we are ready to arrange for transport insurance at special instructions for the buyer, and at his own expense.
10.1 Claims must be submitted to us in writing within 2 weeks after receipt of the goods at destination.
10.2 Any customer who buys or uses our products is required to comply with the storage, application, operation guidelines, and instructions, etc., outlined on our packages and in our literature. Our company will in no case be liable for incidents, damages or accidents, particularly due to carelessness of the buyer/user, lack of supervision, maintenance or servicing.
10.3 Shortage claims must be made within 5 days of receipt of goods.
10.4 Damaged goods during shipment must be reported within 24 hours and claims filed by the consignee.
Any damage must be inspected by the customer and the forwarding agent or the transporter, and the claim should be sent to us.
10.5 Claimed goods can only be returned upon our written agreement.
10.6 All claims shall become statute-barred within six (6) months after transfer of risk.
11. Repair and after sales service
The distributor in the corresponding country shall maintain an appropriate after-sales system for the products in his territory. All products which are in his territory fall within the scope of this service. In warranty cases, we will supply the necessary spare parts, while the distributor will repair the machines.
12. Place of performance and jurisdiction
Our sales are governed by the German statutory regulation, as applicable.
In the event of differences, they shall be referred to the decision of the German Court which shall be the only controlling authority in this regard. Irrespective of the nature, causes and place of such differences, and no matter what should be special conditions of the sale involved, even in the event of warranty claims or plurality of defendants.
The importer ensures that the products meet all regulations in his country.
Schütz Dental GmbH, Dieselstr. 5/6, 61191 Rosbach/Germany