General Terms of Business

General Terms and Conditions of Dr. Hönle Medizintechnik GmbH (“Dr. Hönle”)

(Status, 01.06.2018)

 

1. General information, scope
1.1 These terms and conditions apply exclusively. Terms and Conditions of customers who deviate from or oppose these terms and conditions are not recognized by Dr. Hönle unless Dr. Hönle had expressly and in writing approved their validity. This consent requirement also applies if Dr. Hönle, knowing the terms and conditions of the entrepreneur, carries out the delivery to him without reservation.
1.2 Verbal side agreements have not been made. All agreements between Dr. Hönle and the customer must be in writing (email is sufficient). This also applies to legally relevant declarations and notifications, which after the conclusion of the contract are made by the customer to Dr. Hönle (e.g. deadlines, defect notification, declaration of cancellation or reduction).
1.3 Customers in terms of these terms and conditions are both consumers and entrepreneurs.

2. Quotation and business deal, subject to alterations
2.1 Quotations of Dr. Hönle are subject to change.
2.2 Orders of the customer are binding orders. An order from the customer shall only be valid if Dr. Hönle has confirmed the acceptance in writing or if Dr. Hönle has delivered the ordered goods. For immediate delivery by Dr. Hönle the written order confirmation can be replaced by the invoice. After receipt Dr. Hönle can accept orders within four weeks.
2.3 The execution of the order and in particular the nature of the products of Dr. Hönle is exclusively based on the contractually agreed specifications. A reference to standards, similar technical rules, other technical information, descriptions and illustrations in offers and brochures is only a description of performance and not a guarantee of characteristics.
Dr. Hönle may make changes to the execution of the order or the delivery items at any time, provided that:

  • those are necessary to meet legal or regulatory requirements, and
  • those do not significantly affect the characteristics and functions of the delivery items and are reasonable for the entrepreneur.

2.4 Dimensional and weight deviations within the scope of customary tolerances and relevant DIN regulations are permissible. Technical improvements in design, material and form may be made by Dr. Hönle, as far as these do not affect the orderly usability and are otherwise reasonable for the entrepreneur.
2.5 Dr. Hönle is entitled to engage subcontractors.

3. Period of delivery and performance, partial services
3.1 Dr. Hönle is entitled to perform partial services, provided that these are reasonable for the entrepreneur. For partial services, Dr. Hönle demand payments according to the proportion of partial services at the order value. Dr. Hönle may demand that the entrepreneur carries out the acceptance of a completed partial service within the meaning of clause 1.
3.2 Delivery deadlines are met if the contractual object has left the factory by the end of its term or if readiness for dispatch has been communicated to the customer.
3.3 Events of force majeure entitle Dr. Hönle, to postpone the delivery and performance by the duration of the obstruction, whereby Dr. Hönle immediately notifies the customer of the obstruction and its probable duration. The force majeure is equal to all circumstances that Dr. Hönle is not responsible for and by which the provision of the delivery or performance made impossible or unreasonably difficult for Dr. Hönle, such as a lawful strike or lawful lockout, war, import and export bans, lack of energy and raw materials, official measures, as well as unpunctual self-delivery for which Dr. Hönle is not responsible.
3.4 If an agreed delivery time is exceeded, without a delivery restriction in accordance with clause 3.3 above, the customer must grant Dr. Hönle a reasonable grace period of at least 2 weeks in writing. If this grace period is not met by Dr. Hönle, the entrepreneur is entitled to withdraw from the contract, but not to assert claims for damages due to non-performance or default, unless Dr. Hönle is liable in accordance with clause 9.
3.5 If the customer is a consumer and orders the goods electronically, Dr. Hönle will immediately confirm receipt of the order. The payment confirmation does not constitute a binding acceptance of the order. The payment confirmation can be linked to the declaration of acceptance.
3.6 If the consumer orders the goods electronically, the contract text will be stored by Dr. Hönle and sent to the customer on request together with the present terms and conditions by e-mail.

4. Prices, terms of payment, default of payment, offset, right of retention
4.1 The prices of Dr. Hönle are ex works, without installation and assembly including the applicable statutory value added tax, unless otherwise stated to entrepreneurs. Packaging costs and the costs of taking back packaging will be charged separately. The same applies to postage and delivery costs.
4.2 Dr. Hönle is entitled to demand payment on the way of prepayment or by direct debiting by the customer. In all other cases, the accrued payment is due within 10 days after receipt of the invoice without deduction.
4.3 The customer is only entitled to offsetting if his counterclaim has been legally established, undisputed or recognized by Dr. Hönle.
4.4 The customer is only entitled to assert a right of retention if his counterclaim is based on the same contractual relationship.

5. Repeal and right of return
5.1 The consumer has the right to withdraw from this contract.
Right of revocation for consumers
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. If the goods are delivered separately in a single order, the period of revocation shall be 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods. In the case of delivery of a good in several partial consignments, the possession of the last partial consignment or of the last piece is relevant.
To exercise your right of withdrawal, you must inform us
Dr. Hönle Medizintechnik GmbH,
Dornierstr. 4, 82205 Gilching
Phone: +49 8105 0730290
Fax:        +49 8105 07302950
by means of a clear statement (a letter sent by post, fax or e-mail) of your decision to cancel the contract. You can use the model withdrawal form, which is not required. To comply with the withdrawal period, it is sufficient to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Revocation consequences
If you withdraw from the contract, we shall reimburse you for all payments we have received from you, including delivery charges (except for additional costs arising from a different type of delivery, you may have chosen, than the favourable standard delivery offered by us), without delay and no later than 14 days from the date on which we received the notification of your cancellation of the contract. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; in no case will you be charged for these repayments.
We may refuse to repay you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods immediately and in any event not later than 14 days from the date on which you inform us of the cancellation of the contract, and return them to

Dr. Hönle Medizintechnik GmbH,
Thura Mark 8 + 10, 06780 Zörbig

The deadline is respected if you send the goods within the deadline of 14 days.
You bear the direct costs of returning parcels. Consignments bigger than parcels can be collected from us at our expense.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, quality and functioning of the goods.
End of Right of revocation

If you want to cancel the contract, please feel free to use our form: Withdrawal Form

5.2 The right of withdrawal does not apply

  • in the case of contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or provision by the consumer is decisive or which are clearly tailored to the personal needs of the consumer
  • in the case of contracts for the delivery of goods, if, due to their nature, they were inseparably mixed with other goods after delivery.

6. Retention of title
6.1 If the customer is an entrepreneur, Dr. Hönle reserves ownership of the delivered goods until all claims against the customer have been fulfilled. If the customer is a consumer, Dr. Hönle retains ownership of the delivered goods until full payment of the purchase price for these goods.
6.2 The customer is informed by Dr. Hönle without delay of any enforcement measures taken by third parties with regard to the goods and, in this connection, hand over all documents necessary for intervention; this also applies in the case of impairment or loss of value of other kinds. If the customer is an entrepreneur, he bears the costs of intervention by Dr. Hönle, insofar as the third party is not in a position to reimburse them and insofar as the customer has caused the measures of the third party.
6.3 If the customer is an entrepreneur, he is authorized to sell the goods, as far as a sale in the context of his normal business transactions is carried out to the full market value.
He hereby assigns to the company all claims (including collateral and ancillary rights) which he has or receives against his customers or third parties arising out of or in connection with a resale, up to the total invoiced final amount of Dr. Hönle’s claims (including VAT). The right of the customer to collect the claims which he is entitled to against his customers or third parties remains valid even after the assignment. Dr. Hönle’s right to collect these claims itself remains unaffected. Dr. Hönle undertakes not to exercise this right as long as the customer meets his payment obligations from the proceeds collected, no arrears occur and in particular no insolvency of the customer and he does not cease his payments. The customer undertakes to inform Dr. Hönle of the assigned claims and debtors concerned, to obtain all the details required for recourse, to hand over pertinent documents and to inform the debtors (third parties) of the assignment.
6.4 If payments for goods are wholly or partially overdue or if the customer becomes insolvent, he is not entitled to resell or surrender property that is still owned by Dr. Hönle, even in the case of clause 10.3, as long as he does not settle all payments that are owed to Dr. Hönle.
Furthermore, in the case of a termination of the contract, Dr. Hönle has the right to demand the immediate return of the goods.
6.5 Dr. Hönle is committed to release the securities due to Dr. Hönle at the request of the customer, insofar as their relievable value exceeds the claims to be secured by more than 10%. Dr. Hönle reserves the right to choose the securities to be released.

7. Passing of risk, transport insurance
7.1 Deliveries by Dr. Hönle to entrepreneurs are made ex works. The risk is transferred to the entrepreneur if the contractual object is handed over to the person carrying out the transport; this also applies to transport through Dr. Hönle.
7.2 In the case of dispatch to entrepreneurs, the Dr. Hönle will, at the request of the entrepreneur, take out a transport insurance at the expense of the entrepreneurs. Transport damage must be reported to Dr. Hönle and the delivering freight forwarder immediately in writing.
7.3 If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold, even with dispatch purchase passes to the customer only with the transfer of the goods.
7.4 The handover shall be deemed to have taken place even if the customer delays in accepting the item.

8. Warranty
8.1 In the case of defects in the delivered goods, the consumer is entitled to the statutory warranty rights. However, the customer can only claim damages for a defect in accordance with clause 9.
8.2 In commercial dealings with entrepreneurs §§ 377, 378 HGB applies. Entrepreneurs must report obvious defects in writing within a period of two weeks from receipt of the goods; otherwise the assertion of warranty claims is excluded. To meet the deadline, the timely dispatch of the notification is sufficient. Furthermore, Dr. Hönle is entitled in relation to entrepreneurs, to make an appropriate choice within a reasonable time set by Dr. Hönle to either repair or re-deliver the goods, unless the customer proves that a previous repair is exceptionally unacceptable.
8.3 The customer does not receive guarantees in the legal sense; Manufacturer’s warranties remain unaffected.
8.4 If the customer is an entrepreneur, the period for the assertion of warranty rights is one (1) year from delivery, unless Dr. Hönle has fraudulently concealed the defect or there is a case of supplier recourse in accordance with §§ 478, 479 BGB.

9. Limitations of liability
9.1 Dr. Hönle is liable without limitation for intent and gross negligence.
9.2 For slight negligence, the company is liable only if a duty is violated, whose fulfilment allows the proper execution of the assignment or contract (contract) in the first place and the entrepreneur may rely on its compliance regularly. In such cases the liability of Dr. Hönle is limited for such a contract typically to the foreseeable damage.
9.3 Insofar as the liability of Dr. Hönle is excluded or limited, this also applies to the personal liability of the workers, employees, staff members, representatives and vicarious agents.

10. Assembly and service for large devices
10.1 Installation and customer service are carried out by Dr. Hönle or by specialist companies authorised by Dr. Hönle.
10.2 Before delivery of UV-irradiation equipment, the customer must ensure that the site is easily accessible, given the structural requirements, adequate space, adequate ventilation, floor suitable for rollers and the weight of the UV device, sufficient carrying capacity and the necessary electrical connections are present, sufficiently protected against moisture and brine, sufficiently shielded from the rest of the practice area against the usual operating noise of the device. When connecting a computer remote control from the registration, the corresponding computer cable must already be installed before delivery.
10.3 Difficulties in the delivery and installation of UV irradiation systems will be invoiced separately to the customer, as well as all costs incurred if, on delivery on the day of the agreed assembly date, the conditions specified in clause 10.2 are not met.
10.4 Spare parts and repairs that are outside the warranty, in particular the replacement of lamps, must be paid separately by the customer.

11. Export
11.1 The contract is subject to applicable export control laws. Products may not be exported to another country or region if prohibited by export control laws. Customers intending to export a product to another country will need an export license that may be required by law. The costs of the export, in particular customs duties, taxes, fees and further costs are to be borne by the customer.

12. Miscellaneous
12.1 Should one or more provisions of the contract be or become invalid or void or if the contract contains a gap, this does not affect the validity of the contract. The ineffective provision is replaced by an effective one, which comes closest to the economic intent.
12.2 The law of the Federal Republic of Germany applies. The provisions of the United Nations Convention on Contracts for the International Sale of Goods are excluded.
12.3 If the customer is an entrepreneur, Munich is the place of performance for all mutual obligations and the place of jurisdiction for all disputes in connection with this contract.
The same place of jurisdiction shall apply if the customer does not have a general place of jurisdiction in Germany, if after conclusion of the contract his domicile or habitual residence is not known at the time the complaint is filed. However, the company is also entitled to sue at the customer’s location.
12.4 The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

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