Price basis
Net prices (without VAT) per pair or piece in Euro.
Delivery/Forwarding charges
Delivery shall be made on Buyer’s account and its risk, forwarding charges shall be calculated as follows:
For orders exceeding a value of goods of € 250,- free forwarding;
For orders with a value of goods below € 250,- the forwarding charges amount to € 4,-
For orders with a value of goods below € 150,- there will be a small quantity surcharge of € 5,- ;
For partial shipments by us there are no forwarding charges;
Additional costs for deliveries at a scheduled date as per pricelist of parcel service.
In case of any increase in charges we reserve the right to adjust these forwarding charges.
Payment
The following payment terms are valid: 10 days 2% discount, 30 days net.
Returns and complaints shall only be accepted wihin 8 days after delivery.
There is no return possible for:
a) Products been cancelled from the actual sales program.
b) customized special designs.
c) Products already worn (such as medical compression stockings and bandages) can according to regulations neither be exchanged nor been taken back.
For those returns we are not responsible for, we charge an adequate processing fee (20%) for our additional work.
For goods we cannot credit for reasons above, we reserve the right to use them for social purposes.
Please prepay the returns sufficiently, insufficient postage will be rejected.
Customized Orders
Customized orders necessarily need to be in writing.
II. General Terms of Delivery
General
The present Terms of Sale and Delivery shall apply to all deliveries and performances by arthroven GmbH. They are binding if their applicability has been stipulated in the price list of arthroven GmbH. Any provisions contrary on the part of the Buyer shall only be valid if explicitly and acknowledged in writing by arthroven GmbH. The product range may change at any time. The products published by arthroven GmbH via catalogue, brochure or Internet have the only purpose of information and shall not be understood as binding offers. Information in the price list are not binding, prices, conditions and technical innovations of the products are subject to change. All shipments are made at the Buyer’s risk.
Place of fulfilment for deliveries and payments shall be: 78126 Königsfeld, Hermann-Voland-Straße 26.
In cases of operational interruptions of any kind as fire, strike, war and other events of force majeure, we reserve the right to suspend delivery for the duration of such disruptions.
Deviating conditions of the Buyer are only valid if acknowledged by us in written.
Prices
Unless otherwise agreed, prices are in Euro and to be understood net, ex works, without any deductions. All additional costs such as freight, insurance and permits shall be borne by the Buyer, as well as all kinds of taxes, duties and suchlike.
arthroven GmbH reserves the right to adjust the prices if within the period the offer was made and the performance of contract costs for wages and material change.
Another reason for an adequate adjustment in prices will be, if
the delivery date shall be prolonged afterwards for one of the reasons stipulated in paragraph 5, or
type and scope of deliveries or performances agreed upon have changed.
Conditions of payment
Payment shall be made by the Buyer according to the payment terms stipulated in the price list. The obligation of payment is fulfilled as soon as the amount (in Euro) has been credited to the account of arthroven GmbH. The dates of payment shall also be observed even if transport or delivery of the goods are delayed or prevented due to reasons beyond arthroven GmbH’s control. If the Buyer shall not keep the payment deadlines he without receiving any reminder shall pay 6% interest for delay starting from the due date stipulated.
Proprietary right
arthroven GmbH reserves the proprietary rights to the goods until all payments specified in the purchase contract have been received.
Delivery period
The delivery period commences after the contract has been signed and all important technical details have been settled. The delivery date shall be considered as kept if by date of its expiry the notice about readiness of dispatch has been sent to Buyer. Adherence to the delivery period presupposes that the Buyer fulfills its contractual obligations.
The delivery period shall be appropriately extended in case:
arthroven GmbH shall not receive in time the information needed for fulfilling the contract or the Buyer shall change them afterwards and thus cause a delay in delivery or performance;
of obstacles not to be avoided by arthroven GmbH despite all due care as in cases such as force majeure.
The Buyer has no right or claim with regard to a delay in delivery or performance except arthroven GmbH acted with unlawful intention or gross negligence.
Transport, Insurance
Unless stipulated otherwise herein Incoterms 2000 shall be applied.
Benefits and risks shall be transferred to the Buyer at the latest when goods are dispatched ex works.
In case the delivery delays due to the request of the Buyer or due to other reasons beyond arthroven GmbH’s responsibility the risk shall be transferred to the Buyer from the day stipulated for dispatch.
From this date the goods shall be stored and insured at the Buyer’s expense and risk.
Any special requests as to transport and insurance shall be notified to arthroven GmbH in advance. Transport shall be effected at Buyer’s expense and risk. Insurance against damages of any kind shall be covered by the Buyer. The prices include the commercial packing. The packing will not be taken back.
Inspection and acceptance of deliveries
The Buyer shall inspect the deliveries within 8 days after receipt and notify arthroven GmbH in writing about any defects without any delay. If the Buyer fails to do so, the deliveries and performances deem to be approved. arthroven GmbH shall correct the reported defects as soon as possible and the Buyer shall give arthroven GmbH the opportunity to do so. In case of any kind of defect with regard to deliveries and performances other than those explicitly stipulated in paragraph 8 the Buyer has no rights and claims.
Warranty, liablity and defects
arthroven GmbH warranties the marketable quality of the deliveries for a period of 6 months from the date of delivery. arthroven GmbH commits in case of Buyer’s written request to either improve or replace according to arthroven GmbH’s choice all parts of deliveries from arthroven GmbH which been proven to be damaged or unusable due to poor quality in material or improper production as quickly as possible. The goods replaced are the property of arthroven GmbH. The period of warrenty shall expire prematurely if the Buyer or third parties undertake inappropriate changes or repairs or if the Buyer in case of defects does not take appropriate measures to loss minimization and does not give arthroven GmbH the opportunity to remove the defect. Assured features are only those explicitly been referred to as such in the specifications. For defects in material or production as well for the lacking of the assured features the Buyer has no rights and claims except those explicitly stipulated in this paragraph. For claims of the Buyer because of inadequate consultancy and suchlike or because of violation of any secondary obligations arthroven GmbH shall only be liable in case of unlawful intent and gross negligence.
Liability exclusion
Excluded from arthroven GmbH’s warranty and liability are defects proven not to be a result of poor materials, defective manufacture or faulty workmanship but are the result of normal wear and tear, negligent or faulty handling or other reasons beyond arthroven GmbH’s responsibility. All cases of violation of the contract and all claims of the Buyer are finally defined within these terms and conditions. In no case there will be any indemnity of replacement of damages of the Buyer which are not directly connected with the delivery such as loss of orders, loss of profits as well as other direct or indirect damages.
Court of jurisdiction and applicable law
The court of jurisdiction for both the Buyer and arthroven GmbH shall be the registered office of arthroven GmbH. arthroven GmbH however is not entitled to prosecute the Buyer at its registered office.
