Conditions

General terms and conditions of business

 

1. Scope

 

For all offers, orders and commissions, the following general terms and conditions are exclusively decisive, unless otherwise expressly recognized in writing by mme Mannheim Medizinelektronik UG (limited liability). General terms and conditions of the buyer are not recognized, even if mme Mannheim Medizinelektronik UG does not expressly contradict them.

 

2. Offer and conclusion of contract

 

Unless otherwise agreed in writing, the offers of  mme Mannheim Medizinelektronik UG (limited liability) are limited to 6 weeks. The contract is only concluded with a written order confirmation from mme Mannheim Medizinelektronik UG (limited liability). The written order confirmation is replaced by the invoice if the order is executed immediately by  mme Mannheim Medizinelektronik UG. All contractual negotiations between the parties, telephone agreements or other agreements, in particular changes to the contractual agreements, require the written form to be effective and, insofar as they contain deviations (limited liability) from the originally agreed purchase contract, the written consent of mme Mannheim Medizinelektronik UG (limited liability).

 

The receipt of electronic orders from the online shop is immediately confirmed electronically, but this does not yet constitute acceptance of the contract.

 

3. Delivery

 

The delivery dates specified by  mme Mannheim Medizinelektronik UG (limited liability) are generally non-binding, unless fixed delivery dates have been expressly confirmed by  mme Mannheim Medizinelektronik UG (limited liability) in individual cases are. Compliance with promised delivery dates is subject to correct and timely delivery to ourselves. If the non-compliance with the deadlines is due to force majeure or similar events, the deadlines are extended appropriately. Partial deliveries are permitted.

 

If the customer is in default of acceptance or culpably violates other obligations to cooperate,  mme Mannheim Medizinelektronik UG (limited liability) is entitled to demand compensation for the damage incurred, including any additional expenses. Further claims remain reserved. If the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased item passes to the customer at the point in time at which he defaults in acceptance or as a debtor.

 

Further legal claims and rights of the customer due to a delay in delivery remain unaffected.

 

4. Buyer's Obligation to Check

 

The illustrations, drawings and technical data reproduced in offers and in the online shop are subject to ongoing changes by the manufacturer. Product images do not necessarily show the scope of delivery and may differ from the delivered goods. The buyer is obliged to carefully check the goods received by him to ensure that the data given match the goods.

 

5. Prices

 

The current list prices in euros apply as the purchase price, unless otherwise expressly agreed in writing in individual cases. All prices are final prices, they include the statutory value added tax. Add to that the packaging and shipping. The prices apply ex warehouse. The prices lose their validity when a new price list is published.

 

In the case of an order via the Internet, the price specified in the shopping cart is decisive.

 

6. Payments

 

Preferential prices such as introductory prices etc. are to be paid in advance. Other payments are to be made within 14 days of invoicing and delivery without any deductions, unless otherwise agreed. Interest on arrears will be charged at a rate of 5 (five) % above the respective base interest rate pa of the Bundesbank. Information on current and previous base interest rates on the Internet at www.bundesbank.de. The assertion of a higher damage caused by default remains reserved. In the event of breaches of duty on the part of the buyer, in particular default in payment, mme Mannheim Medizinelektronik UG (limited liability) is entitled to take back the goods after a reminder and the buyer is obliged to surrender them.

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7. Retention of Title

 

mme Mannheim Medizinelektronik UG (limited liability) expressly reserves ownership of the delivered goods until the purchase price has been paid in full. Until the transfer of ownership, the buyer may neither pledge the goods nor assign them to third parties as security. An assignment of the buyer's rights to third parties requires the written consent of mme Mannheim Medizinelektronik UG (limited liability).

 

The buyer is entitled to dispose of the reserved goods in the ordinary course of business, in particular to resell them, as long as he is not in default of payment. The buyer hereby assigns his claims from the resale of the reserved goods in the amount of the respective net invoice value of the reserved goods to mme Mannheim Medizinelektronik UG (limited liability); mme Mannheim Medizinelektronik UG (limited liability) hereby accepts the assignment.

 

 mme Mannheim Medizinelektronik UG (limited liability) is entitled to assign or sell its claims from deliveries and services to a bank for financing purposes.

 

8. Warranty

 

The warranty period for new items delivered by mme Mannheim Medizinelektronik UG (limited liability) is 24 months and for used items 12 months from the date of dispatch. Probes, accessories and consumables are excluded from the warranty. The guarantee does not extend to devices that become prematurely unusable due to improper handling. The buyer's warranty rights presuppose that he has examined the received goods for completeness, transport damage, obvious defects, condition and their properties. Obvious defects must be reported to us in writing by the buyer within 2 weeks of delivery of the contractual item. Liability for the consequences arising from improper modifications and repairs carried out by the buyer or third parties is waived. After written notification of defects, the buyer must give mme Mannheim Medizinelektronik UG (limited liability) sufficient opportunity to examine the defects and to carry out all necessary repair work and replacement deliveries.

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9. Privacy

 

When initiating, concluding, processing and reversing a purchase contract, mme Mannheim Medizinelektronik UG (limited liability) collects, stores and processes data within the framework of the statutory provisions. The personal data communicated, for example, when placing an order or by e-mail (e.g. name and contact details) are only processed for correspondence with the buyer and only for the purpose for which the data were made available. mme Mannheim Medizinelektronik UG (limited liability) only passes on data to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of the goods. In order to process payments, mme Mannheim Medizinelektronik UG (limited liability) passes on payment data to the credit institution commissioned with the payment. mme Mannheim Medizinelektronik UG (limited liability) assures that personal data of the buyer will not be passed on to third parties unless there are legal obligations or the buyer has expressly consented in advance.

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10. Withdrawal

 

In the event of impossibility of the entire service, the buyer can withdraw from the contract. In the event of unforeseen events within the meaning of Section 3 of the General Terms and Conditions, mme Mannheim Medizinelektronik UG (limited liability) has the right to withdraw from the contract in whole or in part if the maintenance of the contract cannot be reasonably expected. Claims for damages by the buyer due to such a withdrawal do not arise.

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11. Place of Performance, Place of Jurisdiction

 

The place of performance for all obligations arising from the contract is D-68163 Mannheim. The place of jurisdiction for deliveries and payments, as well as all disputes arising between the parties, is the registered office of mme Mannheim Medizinelektronik UG (limited liability). The law of the Federal Republic of Germany applies, the validity of the UN sales law is excluded.

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12. Final Provision

 

If a provision of these general terms and conditions becomes ineffective, it is deemed to be replaced by a provision that comes as close as possible to the meaning of the ineffective provision in terms of economic results and corresponds to the interests of the parties involved.

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STAND 10 I 2022