General Terms and Conditions of RCN Medizin- und Rehatechnik GmbH
Our terms and conditions below shall extend without exception to all sales and deliveries, even in specific cases where no particular agreement was entered into. Any dissenting conditions, verbal side arrangements, changes or additions to these conditions shall require a written agreement between the two contracting parties. The amendment or potential invalidity of one or several conditions does not invalidate the remaining terms and conditions.
Offer and conclusion of contract
Offers that have no expiration date are subject to change without notice. Measurements, weights, performance specifications, diagrams and dimensional drawings shall only be seen as approximate, unless expressly designated as binding. This also applies to information in catalogues, pattern books and other brochures. We reserve any and all property and copyrights in all and any drawings, illustrations, estimates of cost and other documents enclosed with any offer. None of these documents may be offered, sold or handed to third parties without our prior written consent. We reserve the right to make design modifications as well as technical and formal changes to our products in the interest of technical progress. We are, however, under no obligation to make such modifications to products already delivered. Orders must at all times be placed in writing (also by fax). Orders placed verbally over the phone or per email will be executed at the sole risk of the customers. If we issue a written confirmation following the customer's order, this confirmation will solely define the contents and the scope of the order. Even after acceptance of an order we reserve the right to make modifications to the order if we deem them inevitable to its fulfilment.
Delivery and delivery times
Freight costs and packaging are in addition to the purchase price and shall be charged separately. Unless otherwise specified by the customer we decide on the shipping route and form by choosing the most economical and fastest form of transport, available in our estimation. We reserve the right to make partial deliveries. The goods are insured during transport. An expressly agreed delivery period shall apply. In the event of unforeseen impediments, such as general disturbances, delays in the procurement of materials, work allotment, stoppage, traffic problems, plant interruptions and other unavoidable delays as well as delays that may arise from force majeure, war, strike, lock-out and riot, we shall be entitled to an appropriate extension of the deadline, without being held liable for damages incurred by the customer as a result of the delays. If we are liable for the delay in delivery, we are entitled to an extension period, this extension shall start counting after we will have been given written notice. Our delivery obligation shall be suspended during such time that the purchaser is in arrears with any of his obligations.
We provide a 3- year warranty, starting from the date of delivery, covering all parts found defective or unusable within that period due to defect in material or bad workmanship. Such parts will be, at our option, replaced or repaired. Any parts replaced under warranty shall be deemed our property. All ancillary costs will be at the expense of the customer. If attempts of repair or exhange of product should have failed at least three times the customer may demand a reduction of the price or the cancellation of the contract. The warranty obligation shall no longer be valid if no action is started by the customer within 6 months after gaining knowledge of the defect, unless we should have expressly acknowledged such obligations. Amendments or repair works made by the customer or by third parties without our previous written consent, shall void all rights to any warranty claims. All defects, due to normal wear and tear, are excluded from warranty, this applys as well if any damage is considered to be the result of excessive treatment, careless and incorrect care or damage due to violent shocks. The Customer is obligated to inspect the goods upon arrival for obvious or hidden defects. Warranty claims for obvious defects will only be honoured if we are given written notifice within one week after receipt of delivery. Warranty claims for any hidden deficiencies also have to be submitted by written notification within one week of their appearance to be valid. If the customer detects any damage to packaging upon receipt of the goods, he must obtain written confirmation of the same from the transport company on acceptance of the goods. Transport damages only noticed after the goods have been unpacked shall be notified to us in writing within 3 days of receipt. The original bill of lading, the written damage report as well as a declaration of assignment must be sent to us without further delay.
Our liability for damages - direct or indirect – is limited to occurences due to intentional or grossly negligent behaviour. This also applies to all claims deriving from impermissible acts. This exclusion of liability shall not apply in cases in which we are liable - in accordance with the German Product Liability Act -, for personal injury and property damage to items in private use. This liability exclusion also does not apply to quality defects, if such properties are explicitly assured, and if such assurance was given to protect the customer against potential damages not caused by the original delivered product.
Liability in case of construction alterations
Changes or alterations on our products made by the customer or by a third party are allowed only when such alterations comply to applicable safety requirements and laws. In any case they require the previous written consent from our management board. For this purpose the customer has to provide a sample of the modified product together with design drawings. In the event alterations are done without written agreement from our management board, any warranty or liability on the part of RCN shall be null and void.
Right of return
Received goods may be returned within 14 days of delivery when expressly agreed to at the time of ordering. Returned goods are subject to a 10% restocking fee and are only accepted if returned in impeccable condition and original packaging. The returns must be sent freight free at the risk and cost of the customer and they require prior return authorization by us. Otherwise returned goods will not be accepted. Returned goods shall be accompanied by a copy of the original invoice to facilitate processing. Customised products are generally excluded from any return.
Prices and payment conditions
All prices quoted in our sales documents are correct at the time of publication, but are subject to change at any time. Our prices do not include the statutory value added tax; the VAT is stated in the invoice separately at the applicable rate at the date of the invoice. Provided that nothing else is stated in the order confirmation, our invoices are payable within 30 days after the invoice date, net. We grant a discount of 2% on payments which are credited to our account within 8 days of the invoice date provided all due payment obligations, including those from previous deliveries, are fulfilled. If the payment deadline is exceeded, we reserve the right to charge default interest of 2 % above the applicable discount rate of the Deutsche Bundesbank, plus VAT. This interest rate shall be upwardly adjusted if we furnish evidence of a higher actual interest burden. Bills of exchange and cheques shall only be accepted based on special previous arrangement. All related bank charges or other costs for us have to be borne by the customer. Any set-off is only permissible with claims that have been legally confirmed and are not in dispute.
Reservation of title
Property rights of delivered goods remain in full with RCN as security for all present claims, as well as conditional or limited claims in terms of the whole business relationship. Any customer claims or receivables arising from the resale of these goods are hereby assigned to us. Upon request the customer shall give us the names and addresses of the buyers as well as the situation and amount of claims resulting from resale. We shall be entitled at any time to disclose the assignment of the outstanding debt to the ultimate buyer. If third parties claim access the goods or other securities subject to the reservation of title -especially as part of a compulsory execution- the customer shall identify the property of RCN and immediately notify us of the impending, imminent or already occurred action of third parties and transfer the documents necessary for intervention by registered mail or fax.
We are entitled to use automatic data processing systems to store and process personal data of the contractor within the framework of the statutory provisions.
Place of performance /place of jurisdiction
The Place of performance for payment and delivery is 55471 Sargenroth, Germany. The place of jurisdiction for all indirect and direct disputes arising from or in connection with the contractual relationship shall be 55469 Simmern/Hunsrück, Germany.