The following terms and conditions apply to all quotations, deliveries, invoices, and business contracts unless otherwise agreed in writing.

The buyer´s terms and conditions apply as far as they do not contradict those of dantschke Medizintechnik GmbH & Co. KG (further referred to as “dMT”) or in case the latter have agreed in writing. Any changes to a contract or any additional agreements have to be made in writing.

§ 1 General Conditions

  1. Quotations are subject to alteration unless otherwise agreed.
  2. Orders become legally binding after written confirmation by dMT. Oral agreements have to be confirmed in writing by dMT.
  3. An order has to specify all necessary details. dMT is not liable for mistakes and damages resulting from faulty or incomplete specifications by the client.

§ 2 Terms of Delivery

  1. Delivery periods will be agreed on for each individual order at the time when the order is placed. It starts when all technical details have been clarified. in dMT is allowed to change agreed delivery dates if the reason is beyond their control.
  2. Partial delivery is permitted.
  3. dMT is not liable for falling behind with delivery or production if that is caused by force majeur, such as war, riots, strike, lockout etc. at dMT or their suppliers or subcontractors. In such a case dMT can postpone delivery depending on the duration of the hindrance or withdraw partially or completely from the contract. If the hindrance continues for at least three months the buyer has the right to withdraw from the non-fulfilled part of the contract after having granted dMT an appropriate extension period.
  4. In case of a delay dMT is not responsible for, the client is not entitled to raise a claim for compensation because of customary negligence against dMT. This applies accordingly to claims for compensation because of non-fulfilment after withdrawing from a contract.
  5. If the buyer refuses the goods or fails to fulfil any other obligation, dMT is entitled to be compensated for any losses or additional expenses. In such a case the buyer takes over the risk of a loss or impairing of the goods at the time he falls into arrears.
  6. If an agreed date of delivery has to be postponed and the buyer is liable for that dMT is entitled to invoice an appropriate part of the total amount at the originally scheduled delivery time.
  7. Any transition of a risk is ruled by the INCO term agreed on in the contract or for the special case. If delivery is postponed or becomes impossible without dMT´s fault the risk passes over to the buyer at the time dMT announces to them that the goods are ready for shipment.

§ 3 Prices, Terms of Payment, Arrears

  1. All prices are quoted ex works in Euro unless otherwise stated in dMT´s confirmation of order. Packaging, insurance, and installation will be invoiced separately.
  2. The full invoice amount falls due 30 days of the invoice date at the latest if not otherwise agreed. In case of partial delivery the invoice is split up and falls due accordingly. If payment is arrear dMT are entitled to withdraw from the contract immediately and to charge interest payable on arrears at the rates usual in Germany.
  3. The buyer is not entitled to set a debt off against another unless this has been legally confirmed, undisputed or dMT have agreed to do so.
  4. In case that any justified doubts in the creditworthiness of the buyer arise all outstanding payments become due immediately.

§ 4 Reservation of proprietary rights

  1. Supplied goods remain dMT´s property until completely paid. If a payment is arrear the buyer has no right of disposal of the goods, particularly he must not remove the goods and has to give evidence to the seller within 3 days after falling arrear about where the goods are kept.
  2. The goods must not be mortgaged or transferred to a third party as security on a debt. In any case of a claim on the goods by a third party dMT has to be informed immediately.

§ 5 Warranty, Compensation

  1. The buyer has to check quantity and quality of the goods immediately after receipt. Obvious claims have to be raised within 10 days after that. If required the goods have to be returned to dMT free of charge.
  2. The goods are warranted by the manufacturer for 12 months starting on the date of delivery if not otherwise agreed in writing. Natural wear, wear and tear parts are not warranted (seals, bulbs, glass parts, filters …). Neither are damages and problems resulting from calcification due to hard water if our warning in the installation instructions and operating manual is not obeyed. There is no warranty on damages caused by improper storage, improper or excessive use, if operation instructions and manuals were not followed or if the buyer, user or other unauthorized persons have improperly tried to repair or to manipulate the goods themselves. There is no warranty either in case of wilful damages.
  3. If the goods are delivered via a local distributor they are exclusively authorized to install, maintain and repair the goods after being trained by dMT. They are responsible to give the necessary instructions to the end user on how to use the equipment.
  4. Claims for repair or replacement have to be raised immediately after receiving the goods. They have to be supported by appropriate evidence such as testing reports. If the claim is justified defective parts will be replaced or repaired free of charge at our discretion at the earliest possible date. For goods not manufactured by dMT claims for guarantee are decided upon by the real manufacturer.
  5. dMT are liable only in case of intent or culpable negligence. Any further claims by the buyer are excluded.
  6. Para 5 does not apply to product liability.
  7. Any limitation or exclusion of liability applies equally to the company dMT as to their internal and external staff, accomplices, and representatives.

§ 6 Jurisdiction

  1. In case of any disputes that fail to be settled amicably German law is applicable.
  2. Leipzig/Germany is the place where the contract has to be fulfilled and exclusive court of jurisdiction for all deliveries and payments and for all disputes that may arise from the contract directly or indirectly. If single terms or conditions of a contract or the terms and conditions of business should become inoperative contracts remain effective.