General conditions of sale and delivery
The following general terms and conditions of sale and delivery apply to all business transactions with our customers (hereinafter referred to as „Customer“).
In the case of deviating or supplementary agreements, written consent is required. All orders and contracts require written order confirmation by MPS Medical-Product-Service GmbH (hereinafter referred to as „Contractor“).
Conclusion of Contract
Our offers are subject to change. An order placed by the client is a binding offer. The customer is obligated to provide us with all information necessary for processing the order at the time the order is placed.
The scope of delivery is based on our written order confirmation. Verbal information and promises on our part shall only be binding if and insofar as we confirm them in writing or comply with them by sending the goods and invoice. The customer is obligated to provide us with all information necessary for processing the order at the time the order is placed.
Our prices are always exclusive of statutory value added tax and exclusive of packaging and shipping costs and are stated in euros.
The agree prices are only valid for the respective order. In the absence of other agreements, these prices are not binding for repeat orders.
Terms of payment
Payments arising from this contractual relationship are due without deduction upon receipt of the invoice, unless a different period is stated on the invoice.
We shall be entitled to deliver the goods or render the service only after payment by the customer if the customer has not complied with agreed terms of payment from previous services or if payment arrears from these are still outstanding or the solvency of the customer is in question.
Deadlines and lead times
Any agreed delivery periods and deadlines shall be deemed to be approximate. Coretec-Service GmbH undertakes to complete orders placed and confirmed as quickly as possible. Since the nature, scope and duration depend on various parameters over which the contractor has no influence (e.g. condition of the repair or testing equipment, completeness of the required documents, etc.), binding completion dates cannot be agreed in principle.
Place of performance, risk
The place of performance for agreed services is generally the business premises of MPS Medical-Product-Service GmbH
As long as the equipment entrusted to the Contractor is in the Contractor’s sole area of responsibility, the Contractor shall bear the risk of damage or loss within the framework of the applicable laws.
As a matter of principle, the Customer shall be responsible for the provision, suitable packaging and transport of the equipment to the place of performance: unless the Contractor assumes these tasks in return for separate remuneration.
The delivery and performance of the Customer shall be deemed to have been fulfilled upon dispatch of the delivered products.
Acceptance, transfer of risk
The risk shall pass to the Customer upon dispatch of the goods by the Contractor. The Contractor shall insure the goods to a sufficient amount (at the current market value) against any transport damage. The insurance costs shall be borne by the Customer. The Customer is obliged to accept the delivery item and to inspect it immediately for any defects. Any transport damage must be claimed directly from the delivery agent and the Contractor must be notified immediately.
If, despite all due care, the delivered goods show a defect which was already present at the time of the transfer of risk, the Contractor shall, at its discretion, either repair the goods or deliver replacement goods, subject to timely notification of defects. The Contractor shall always be given the opportunity to remedy the defect within a reasonable period of time. If the customer or third parties carry out improper repair work or modifications, there shall be no claims for defects for these and the resulting consequences.
The contractual agreements are exclusively subject to German law.
The place of jurisdiction is Braunfels. Date: 04.03.2021