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Terms and Conditions



§ 1 General Provisions
(1) Contracting party in the sense of the following GeneralTerms and Conditions shall be the party that establishes abusiness connection with us.
(2) The following General Terms and Conditions shall applyfor us and our contracting party both for the case that weact as the principal and for the case that we act as the agent.
(3) For any contract conclusion, exclusively our General Terms and Conditions shall apply; other conditions shallnot become subject of the contract even if we do notexplicitly object to them.
(4) The contractual relationship of the parties shallexclusively be based on the law of the Federal Republic ofGermany. The uniform Laws of Purchase of the HagueConvention of 1954 shall not apply.
(5) Our offers shall be non-binding and without obligation.If we send order acknowledgements or letters of confirmation these shall be decisive for the subject terms of the contract.
(6) Illustrations, drawings, size and weight specifications,descriptions etc. in offers, price lists and other documentsare compiled or acquired at the best possible rate. If theyare not explicitly specified as binding, we reserve the rightto perform negligible modifications. Furthermore we reserve the right of ownership and copyright for cost estimates, drawings and other documents. They shall not be made accessible to third persons without our explicit permission.
(7) With publication of the latest version of one of ourprints/documents or the publication of new offers respectively, all previous offers and prices shall becomeinvalid.

§ 2 Delivery Time
(1) Events of force majeure like a legal labour dispute inour or other companies on which we are dependentconcerning the supply with material/goods, furthermorewar etc. shall constitute our right to delay the fulfilment ofthe contract. In these cases, claims for damages shall beexcluded.
(2) In the event of an illegal industrial action a liability shallonly be considered in case of gross negligence.

§ 3 Terms of Payment
(1) If nothing else has been explicitly agreed upon in writingthe value of deliveries executed by us shall be chargedcash on delivery in Euro (•). For postage and packaging, alump sum (incl. VAT) shall be charged, in addition to therespective fee for cash on delivery. From a goods valueof 300.00 • the delivery within Germany shall be free ofpostage. For all shipments we shall charge a packing shareof 0.85 % of the goods value, however limited to a maximumof 7 Euro.
(2) If we execute deliveries on open account, paymentsshall be due within 10 days after invoice date. Paymentsshall be made net without cash discount or other deductions.
(3) If a specific date of payment is determined in the letterof confirmation and/or the invoice and the date is not kept,the consequences of default shall take effect without theneed of a prior reminder.
(4) In case of default we shall be entitled to claim defaultinterest at the rate of 5% p.a. above the respective baseinterest rate, for legal transactions exclusively withentrepreneurs, 8% p.a. above the respective base interestrate.

§ 4 Reservation of Ownership
(1) The seller reserves ownership of the goods until fullpayment of all receivables of the business relationshipbetween seller and buyer including future receivables arisingfrom simultaneously or later concluded contracts. Thisshall even apply if individual or all receivables of the sellerwere added to a running account and the balance of thisaccount has been accepted.
(2) The purchaser shall only be permitted to resell thereserved goods in the ordinary course of business if he/she at the same time assigns all receivables to the seller,which accrue to the purchaser against customers or thirdpersons from reselling. If reserved goods – in raw form orafter processing in connection with goods which areexclusively owned by the purchaser - will be sold, thepurchaser shall already now assign the receivables in fullwhich accrue to him/her from reselling. If reserved goods– after processing/connection – will be resold by thepurchaser together with goods not owned by the seller, thebuyer shall assign already now before the rest  thereceivables accruing to it from the reselling in the amountof the value of the reserved goods including all ancillaryrights and RANG. The seller accepts the assignment.Following the assignment the purchaser shall be entitled tocollect these receivables. The entitlement of the seller tocollect the receivables on his own shall not be affected bythis; yet/however the seller shall be obliged not to collectthe receivables as long as the purchaser regularly meetshis payment and other obligations. The seller shall be ableto demand that the purchaser notifies to us of all assignedreceivables and their debtors, makes all specificationsrequired for the collection, hands over all correspondingdocuments and informs/notifies the debtors of theassignment.
(3) Without thereby imposing any obligations on it, theseller shall carry out/undertake possible processing orrefashioning of the reserved goods. In case of inseparableconnection, mingling or processing of the reserved goodswith other goods not belonging to the seller, the seller shallacquire co-ownership of the new thing in the ratio of thevalue of the reserved goods to the value of the otherprocessed goods at the time of processing, connection ormingling. If the purchaser acquires the sole proprietorshipof the new thing the contracting parties shall agree that thepurchaser grants the seller co-ownership of the new thingin the ratio of the value of the processed, connected ormingled reserved goods (to the total value of the good)and guarantees storage for the seller free of charge.
(4) Without restriction we shall be entitled to demand deliveryof the goods, revocation of the mandate as well asenforcement of the receivable of third persons in particular,if on the part of the contracting party
a) a protest on a cheque or bill on exchange will be notified,
b) an application for insolvency proceedings will be filed/made,
c) the agreed date of payment will be exceeded by 14days,
d) other contractual provisions will not be observed.
(5) At any time independent of possible disputes we shall be entitled to demand information, inspect the business documents or create photocopies from the contracting party as far as this is required to establish the rights named above.
(6) In case of over security and on demand of the contacting party we shall abandon the agreed reservation of ownershipin a reasonable/appropriate scope and declare the release of the goods/articles.

§ 5 Warranty
(1) Notifications of defects, which refer to obvious defectsof the delivered item, have to be asserted in writing in thenon-commercial trade within two weeks after receipt of thegoods.
(2) Subject to the precedingly specified term for notificationof obvious defects, the warranty term for constructionmanuals, kits and self-manufactured devices/devices ofinternal production shall be 24 months.
(3) In case of defects concerning component parts ordevices, which we purchase from preliminary suppliers,we shall not be liable until the contracting party proves theout of court attempt to achieve settlement of its claimsagainst the preliminary supplier. As far as required for this purpose we shall assign it/the contracting party our receivables.
(4) Our warranty claims are initially limited to the right ofrectification of defects or compensation delivery. In caseof failure of the rectification of defects or compensationdelivery the contracting party shall be entitled to claimmitigation of payment or cancellation of the contract.
(5) For installations it is necessary to observe the securityand VDE-regulations. We shall not assume warranty for failures which arise due to inappropriate treatment, incorrectuse, faulty connection and insufficient or faulty installation of the periphery (e.g. antenna, monitor, printer, etc.).

§ 6 Liability
(1) Our liability shall be limited to intent and gross negligence.
2) Our liability for default and impossibility and forconsequential harm caused by defect shall be limited tothe half of the respective net value or the half of theaccount amount.
3) We shall only be liable for incorrect information as far as a consultation which has been expressly agreed uponpreceded the conclusion of the contract.
4) In case of purchasing send-only devices and receivers, oscillators, remote control devices, two-way radios etc. weassume the knowledge of postal authorisation regulations. We shall not be obliged to expressively inform in thisregard.

§ 7 Rescission
(1) We shall be entitled to recede from the contract
a) if, due to force majeure we are not able to execute thedelivery of the purchased product.
b) if the contracting party exceeds the date of payment bymore than 14 days and the set respite is not observedeither/elapses the set respite.
c) if the contracting party has made incorrect statementsconcerning its creditworthiness.
(2) The contracting party shall be entitled to recede fromthe contract
a) if we make the execution of the delivery impossible byacting intently or grossly negligent.
b) if we do not keep the delivery time extended by areasonable respite.

§ 8 Shipping
(1) The shipping will be executed in general by parcel service(UPS) or by post (foreign countries). Dependent on thesize and weight of the good we reserve the right to useother ways of shipping like private parcel services, forwarding agencies, airfreight or rail freight. The suitable way of shipping shall be selected/chosen by us.
(2) Within the area of the Federal Republic of Germany weshall bear the complete risk for damages or loss of goodsduring transport. For this service we charge an amount of0.85% of the invoice value.
(3) For the case that goods delivered by us subject toimport or export restrictions our duty of care shall belimited to labelling the goods as embargo goods. Furthernecessary measures shall be incumbent on the contractingparty. Up to a value of goods of • 500.00 no movementcertificate EUR 1 or form EUR 2 for the preferentialmovement of goods can be issued.
(4) Externally recognisable damages of the deliveryhave to be noted by the deliverer of the consignment(railway, post, forwarding agency) on the consignmentnote or have to be certified in writing in anotherappropriate way.
(5) In case of externally unrecognisable damages,defects or weight reduction of the content which firstbecome apparent during unpacking, the unpacking hasto be stopped immediately. The damage has to bereclaimed from the transport company which shall beasked/demanded to record the facts of the case and the estimation of the damage. Specifically
a) for the post (post office): at the date of delivery,
b) for the railway (delivery of goods, express service):within 7 days,
c) for forwarding agents and carters: within 4 daysafter delivery of good.
(6) In all cases the representative of the transportcompany shall leave the goods and packing in thecondition in which it was at the time of discovering thedamage. The culpable breach of this secondary obligation can lead to damage claims due to default inperformance of contract.

§ 9 Repairs
(1) We shall provide written cost estimates for repairorders for the case that the repair costs exceed anamount of 50 Euro. If the estimated repair costs arebelow this amount we assume agreement and undertakethe repairs immediately.
(2) We reserve the right to assume agreement to therepair within a term of four weeks upon entry of therepair order and undertake the repairs as well as rejection/turning-down of repair orders if, from our point of view,the undertaking would be economically and/or technicallyunjustifiable. A repair order acknowledgementconsequentially shall not establish the legal claim for performance of the repair order.

§ 10 Return Consignments
(1) If the concerned article is in good order and conditionand in the original packing, return consignments ofprivate customers which do not include warranty claimscan be carried out/undertook within 14 days after thereceipt of the good. As far as possible the reason forthe return shall be enclosed in the return consignmentin writing.
(2) The exchange of specialists magazines, books,construction manuals, other literature, software, CDs,record player systems and needles, batteries, individualcomponents as well as construction kits and parts whichhave been already processed or built in, as well asspecial orders shall be excluded.
(3) Return consignments of goods from commercial/industrial customers, companies or institutions shallexclusively be redeemed with our preceding writtenagreement. The credit for the redeemed goods subjectsto a deduction for service costs/charge of at least 10%(of the value of goods) as far as nothing else has beenexplicitly agreed upon (in writing).
(4) In case of return consignments the contracting partyshall bear the costs and risks of transport.

§ 11 Setting Off
The contracting party may only set off our claims fromdeliveries or advertisements which base on theseGeneral Terms and Conditions with counterclaims which are undisputed or have been upheld by a final and non-appealable court judgement.

§ 12 Data Protection
According to section 26 of the German Data ProtectionAct (Bundesdatenschutzgesetz) we point out that we save data communicated to us by our contracting partyusing EDP.

§ 13 Place of Jurisdiction
As far as the contracting party is registered merchant,legal person under public law, separate estate underpublic law or has its registered office or residence outside the Federal Republic of Germany, Hannover shall bethe exclusive place of jurisdiction for all disputes concerning the contract or arising from the privities of contract/contractual relationship.

§ 14 Limited Inefficacy Clause/ConcludingProvisions
Should individual agreements of the contract or of theseGeneral Terms and Conditions be or become partly orcompletely invalid or infeasible, this shall not affect the validity of the other contract provisions. The sameshall apply if a loophole of these General Terms andConditions becomes visible. Instead of the invalid or infeasible agreements or for filling the loophole thecontracting parties shall commit themselves to find anappropriate provision which as far as legally possible approaches/comes nearest to what the contractingparties wanted or would have wanted according to the sense and purpose of this agreement, required thatthey did not know the invalidity or infeasibility of the concerned agreement while concluding the contract.


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MediTECH Electronic GmbH
Langer Acker 7
30900 Wedemark (OT Bissendorf)
Germany

Phone:  +49 (0)5130-97778-0
Fax:   +49 (0)5130-97778-22
E-Mail: service@meditech.de


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