General Terms and Conditions
Area of application
Our General Terms and Conditions (AGB) apply exclusively to all present and future business relationships with the Purchaser. By placing a written order (via fax, e-mail, Internet or similar media), the purchaser recognizes these General Terms and Conditions in its entireness. Other General Terms and Conditions shall not be recognized by us, unless we have given our contemporaneous, explicit, written consent to a waiver of our own Terms.
The prices offered are selling prices not including sales tax. Price calculation is based on EURO (€).Offers and orders placed both orally or by using telecommunications systems will only be legally valid after they have been confirmed by Heppe Medical Chitosan GmbH in writing, or if the goods includung the respective invoice have been delivered to the customer. Special requirements or specifications have to be stated repeatedly for each order. Our offers are non-binding.
There is no minimum order value.
Shipment of the products ex works shall always be the customer's responsibility. Should we carry out transport or shipment on the basis of an agreement deviating from this rule, the risk of accidental destruction or deterioration shall pass to the customer upon handing over of the goods to the carrier on our premises. We shall not be liable for instructions given by the customer with regard to shipment. Our obligation to deliver shall remain dormant so long as the purchaser shall be in arrears when payment is due.
Delivery times given by Heppe Medical Chitosan GmbH in offers and confirmation of orders are non-binding As far as force majeure or similar circum stances occur which would have to be justified by deliverer, the period of delivery will be extended by a reasonable time.
The delivery includes packaging. Extra cost resulting from additional product protecting packaging will be charged separately. Upon request with customerowned packaging and labelling is possible with an additional fee.
Data protection act
We shall be entitled to process the data relating to the customer obtained in respect of our business relations with him or in connection with the same subject the terms of the German Bundesdatenschutzgesetz
Complaints, notice of defects, warranties
The purchaser shall inspect wether both quality and quantity of the goods delivered comply with the contractual agreement immediately after receipt of the goods. Defects that are detected during proper checking, and deliveries of other goods than those ordered, must be objected within 7 days after receipt of the goods. Hidden defects shall be notified immediately upon discovery, but within 6 months upon receipt of goods at the latest. If the customer fails to reject in due time, the goods (regarding quality and amount) are deemed to be accepted by the customer. Goods complained may only be sent back after Heppe Medical Chitosan GmbH has given express consent. In case the purchaser has complained about defects in due time or complained about the delivery of goods other than agreed by contract, the respective goods will according to the choise of Medical Chitosan GmbH either be exchanged or reimbursed by the purchase price.In case the goods are to be returned and the goods replaces are defective too Medical Chitosan GmbH will guarantee the purchaser the right of conversion or reduction.
Terms of payment
Payment for all goods delivered have to be settled without deduction within 14 days from the date of invoice if not other is agreed. Invoices billed for services performed are immediately without deduction. Payments made by transfer or check will only be considered to be fulfilled if the receipt of invoice has been credited to the bank account of Heppe Medical Chitosan GmbH. In case of payment is delayed, Heppe Medical Chitosan will be entitled to charge interest either at the rate if the usual bank interes or 4% over the respective base interest rate of the German Bundesbank. Heppe Medical Chitosan GmbH is entitled to insist on cash in advance when a new business relation has been started.
Canceling Orders/Return of Goods
If an order is canceled by the Purchaser before the goods were delivered, the deliverer is entitled to charge all the costs caused by the cancellation to the Purchaser, at least 75% for production orders. This especially applies to costs caused by cancellation and withdrawal of contract and which are charged to Heppe Medical Chitosan GmbH by their suppliers.
Return shipments, without complaints may only be sent back after Heppe Medical Chitosan GmbH has given express consent, unused and in their original packaging, free of charge for us against furnishing of an invoice or copy of the delivery note. The processing fee is 20 % of the credit note, however at least € 15.00 plus VAT or otherwise to reduce the respective credit note by the amount worth of the returned goods.
Reservation of Ownership
All goods delivered by Heppe Medical Chitosan GmbH will be the property of Heppe Medical Chitosan GmbH until the Purchaser has paid all liabilities resulting from the mutual business relations.
Consultation without Guarantee
We (Heppe Medical Chitosan GmbH) perform consultations for our customers on the basis of the latest technical level to the best of our knowledge and within the scope of the possibilities given, but without any guarantee. This is especially true for the consideration of the industrial property rights of a third party. Our proposals do not release the customers from the necessity of inspecting our products for their fitness to meet the customers’ special requirements. These inspections will be at the customers’ own risk.
Purchase Law to be Applied
The contractual relationship is subject to the law applied within the territory of the Federal Republic of Germany. The stipulations of the United Nations agreement on contracts of international merchandise are not to be applied in this contract.
Place of Performance
Place of performance for all contractual obligations is our company's registered office. Place of performance for all obligations of the Purchaser, especially for payment issues, is the town of Halle (Saale).
The town of Halle (Saale) is the exclusive jurisdiction for all lawsuits resulting from this contractual relationship. In case some of the stipulations should be ineffective, the validity of the others will not be affected
Heppe Medical Chitosan GmbH, Halle (Saale), February 2008