Diekstr. 19

48282 Emsdetten

+49 2572 9582 140

info@scopetmedical.com

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General Terms And Conditions

Note:

 

If the object of purchase is a medical device or an X-ray system, it should be noted that specific legal provisions for installation, operation, use and maintenance apply. It is solely the customer's responsibility to inform themselves of the relevant regulations and comply with them, cf. clauses 10.2 and 13 of these Terms and Conditions. This applies even more when foreign regulations are applicable, e.g. because the goods will be exported abroad and operated there.

 

     1. Scope and Deadlines

 

1.1. Business dealings and delivery are exclusively carried out in accordance to these Terms, which are basis to all agreements. Terms and conditions which are contradicting to or deviating from the following provisions are not applicable. The following terms and conditions apply exclusively even if we deliver and perform our services without any reservation in awareness of conflicting or differing terms.

1.2. Whenever in these terms and conditions the word "consumers" or "entrepreneurs" is mentioned, these terms correspond to those of the §§ 13 or 14 BGB. According to § 13 BGB "consumer" means an individual, for whom the purpose of the order cannot be attributed to a commercial, independent or freelance activity. "Entrepreneurs" are according to § 14 BGB natural or legal persons or partnerships, who order for commercial, independent or freelance purposes. "Customers" within the meaning of these Terms and Conditions are both consumers and entrepreneurs.

1.3. Deadlines specified in working days are deemed to be all weekdays except Saturdays, Sundays and public holidays.

 

     2. Language and Conclusion of Contract  

 

2.1. The contractual language is German.

2.2. The offers shown on our website represent a non-binding invitation for the customer to order goods from us. By ordering the desired goods by e-mail, by fax, by phone or mail, the customer makes a binding, compulsory offer to conclude a purchase contract. We are not obligated to accept the customer's offer. The confirmation of receipt of the order (order confirmation) does not constitute the acceptance of the customer’s offer.

2.3. We are entitled to accept the offer within a period of seven working days by sending a shipping confirmation or by delivery of the goods ordered. The customer is - regardless of the already existing right of withdrawal by consumers – bound to contract offer for seven working days. A sales contract is only concluded when we ship the ordered product to the customer and confirm shipping with e-mail, fax or phone call. After the seven-day acceptance period, the customer may revoke his offer. Until receipt of the revocation the offer remains open for acceptance.

2.4. The delivery of the goods takes place - unless otherwise agreed - against advance payment and only after the full amount has been credited to our account. If payment is not received when due, even after a second demand and within a period of 7 calendar days after sending the order confirmation, we withdraw from the contract, with the result that the order has lapsed and we do not have any obligation to supply. The order is then void for the customer and for us with no other consequences. Therefore a reservation of the article in reference to a prepayment order will only take place for a maximum of 7 working days.

2.5. Is the contract concluded in the context of online auctions (e-Bay and others) we are entitled to withdraw from the contract if we have not been paid by the customer within a fortnight and we have not been provided with the delivery address; or if the customer has not contacted us to regulate delivery and payment terms.

 

     3. Procurement risk, elimination of the obligation to supply, extension of delivery times, transfer of perils

3.1. Any procurement risk is not borne by us, not even with a purchase agreement for unascertained goods. We are only obliged to supply from our stock and to deliver the goods we had ordered from our suppliers.

3.2. Our obligation to supply shall not apply if we are not supplied correctly and on time despite proper congruent covering transaction and if we are not responsible for the unavailability of the goods and we further have informed the customer immediately and we have not expressly adopted a procurement risk. In case of unavailability of the goods we will refund any advance payment immediately.

3.3. The delivery time shall be reasonably extended in delivery debilitating circumstances of force majeure. Force majeure shall be equal to strikes, lockouts, government intervention, shortages of energy and raw material, involuntary transportation bottlenecks, involuntary operation disabilities, i.e. by fire, water and damage to machinery and all other obstructions that have not been culpably caused by us from an objective point of view. We will inform the customer immediately of beginning and end of such obstacles. Takes the impediment in the aforementioned cases over a period of more than four weeks after the original effective delivery times, then the customer is entitled to cancel the contract. Further claims especially for compensation for damages do not exist.

3.4. For consumers the risk of accidental loss and accidental deterioration of the sold goods will be transferred to him after handing over the goods to him or to an appointed receiver. This applies regardless of whether the delivery is made insured or uninsured. Otherwise the risk of accidental loss and accidental deterioration of the sold goods is passed onto the buyer after handing over the goods to the carrier or other for the delivery instructed persons.

 

     4. Price

4.1. All prices are in Euro and are inclusive of applicable VAT and exclusive of packing and shipping cost at the time of order.

4.2. For packing and shipping (shipping costs) within Germany the costs will be charged separately. The shipping costs will be agreed separately for each delivery. In absence of an agreement the customer has to bear the costs which are required for proper packing and shipping in our reasonable discretion.

4.3. Additional and separate fees will be charged for COD orders. 

 

     5. Payment terms / possible cancellation of the contract and compensation for the seller in case of non-acceptance.

5.1. Payment of the purchase amount has to be paid in advance via bank transfer. Other payment methods such as COD or payment on account must be agreed separately.

5.2. All payments shall be made without discount and without any other deductions. Deductions of transaction fees and the like i.e. incurred by international bank transfers, are not accepted by us.

5.3. If we neither have received payment and/nor we have received the information of the address of delivery within a fortnight despite our requests, we have the right to withdraw from the contract regardless of the right of withdrawal under Clause 2.5 of these Conditions.

5.4. In case of non-acceptance of the goods we can exercise our legal rights. If we claim compensation this shall be 10% of the purchase price. The amount of compensation will be reduced or increased when the customer proves that a lower loss or no loss at all have occurred, or when we provide evidence that a significant higher loss have occurred.  

 

     6. The customer’s right of withdrawal 


We expressly advise the consumer of his right of withdrawal and refer to the special instruction concerning this right below. If the customer is an entrepreneur (§14 BGB), so he has no right of withdrawal or return in accordance to § 312g BGB in conjunction with §355 BGB.

 

     7. Terms of delivery

7.1. The goods will be delivered from the warehouse to the delivery address given by the customer. The customer warrants that the delivery address is correct and that he or an authorized person will be present during normal business hours to receive the goods. Costs for unsuccessful and further attempts at delivery are to be borne by the customer.

7.2. If the customer does not pick the goods within a week, or does not provide the correct delivery address in time, that the goods can be forwarded within one week, storage costs apply. The storage costs amount to 1.00 €/m² storage area per day.

7.3. With the advance payment the product will be reserved for the customer upon receipt of the order, but not sent until after the receipt of the monies on our account. The customer therefore has the obligation to reflect this in its order and to authorize payment on time.

7.4. Deliveries will be made as long as stocks last.

7.5. As far as we cause delay or a delivery becomes impossible and this is not based on intent or gross negligence, the liability for damages is excluded. Further claims of the customer remain reserved.

7.6. Are delays in delivery based on reasons we are not responsible for (force majeure, third party, etc.) the period of delivery shall be extended appropriately. The customer will be informed immediately. Should the reasons for the delay last longer than four weeks after sending the order confirmation each party may withdraw from the deal.  

 

     8. Transportation Damage

8.1. If the purchase is a commercial transaction for both parties within the meaning of § 343 HGB, the duties of investigation and disclosure apply in accordance to § 377 HGB.

8.2. If on their arrival products and goods show obvious shipping damage, the customer is obliged to complain to the shipping service immediately. If damages are only discovered after opening the packing the customer must send a written notification to the shipping service. In any case we have to be informed immediately: Tel.: 02572/9606154; Mail: info@scopetmedical.com

8.3. The customer is obliged to assist us in enforcing our claims against carriers and transport companies. The customer has to note obvious damage on the shipping documents and as far as possible to receive a receipt of the shipping service. Transportation damages are furthermore to be reported with adequate means (i.e. photos, protocols, tools, keeping the package material etc.)  

 

     9. Retention of Title

9.1. The ordered goods remain our property until full payment is received.

9.2. Prior of the transfer of ownership it is not permitted without our express consent to resale, to rent, to pledge, to transfer, to process, to make dispositions or to reorganize the goods.  

 

     10. Warranty

10.1. Claims of the customer against us due to any defects are governed by law, if deviations are not applicable by the following regulations.

10.2. Damage caused by improper or non-conforming measures of the customer during installation, connection, operation or storage do not justify any claim against us. The inadequacy and infringement are determined in particular by the manufacturer.

10.3. If the customer is a consumer, his claims for defects when buying a used item will expire one year after receipt of the goods. The shortening of the warranty period to one year shall not apply if the obligation to indemnify relates to a physical injury or damage caused to the health due to a defect represented by the seller or a willful conduct or gross negligence of the seller or his agents. Notwithstanding the above the seller is liable under the Product Liability Act.

10.4. If the customer is an entrepreneur and the ordered goods are for his commercial enterprise, so his claims for defects lapse at the end of one year after receipt of the goods. For used goods the warranty is excluded.  

 

     11. Costs for Repair / Estimation of Costs

If goods are sent to us or an authorized repair shop for repair and the defects, damages or other alterations, respectively worsening of the goods are not material defects that trigger statutory warranty claims or warranty claims against the manufacturer, all applicable necessary costs for cost estimations, repairs and similar costs are to be reimbursed by the customer to us.  

 

     12. Liability

12.1. We are liable for intent and gross negligence. As far as we are not guilty of willful infringement to the contract, the liability is limited to the foreseeable, typically occurring damage.

12.2. If an attributable breach of duty based on simple negligence and an essential contractual obligation is culpably breached, our liability for damages is limited to foreseeable damages that typically occurs in similar cases. Essential contractual obligations are those which the parties grant the rights that the contract has to grant in accordance to its content and purpose, in particular the obligations that enable the fulfillment of the proper execution of the contract and whose compliance the contractual partner regularly relies on and may rely on.

12.3. In the event of death, injury or health or body, we are liable according to the legal regulations.

12.4. The liability under the provisions of the Product Liability Act shall remain unaffected.

12.5. In all remaining cases the liability is excluded.

 

     13. Supplemental Provisions Concerning Warranty and Liability for Medical Devices and X-ray Equipment

13.1. For warranty and liability for the sale of medical devices and X-ray equipment next to the regulations above the following additions shall apply.

13.2. Insofar the purchased article is a medical device in accordance to §3 of the Medical Devices Act, it should be noted that for the installation, operation, use and maintenance the Medical Devices Act and the Medical Devices Operator Ordinance are relevant and their regulations must be observed. Neither a warranty is given nor is it guaranteed that the goods comply with these statutory requirements. Liability for damages resulting from misuse by the customer is excluded.

13.3. Insofar the purchased item is an X-ray device or a stray radiation within the meaning of § 1 of the X-Radiation Regulation, it should be noted that this regulation is relevant. Particularly for operation and use of these devices there is a permission in accordance to §3 of the X-Radiation Regulation required. Neither a warranty is given nor is it guaranteed that the goods comply with these statutory requirements. Liability for damages resulting from misuse by the customer is excluded.  

 

     14. Contractual Exclusion of Set-off


14.1. The Customer is not entitled to set off its claims against our claims for payment unless the customer’s claims are undisputed or legally established.

14.2. The customer is not entitled to counter our claims for payment with his right to retention - also due to claims of defects, unless they result from the same contractual relationship.

 

     15. Privacy Protection


The data processing is carried out in accordance with the applicable Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).

 

     16. Applicable Law, Place of Jurisdiction

16.1. All legal transactions or other legal relations with us are governed by the law of Germany. The UN-Sales Convention (CISG) and any other international agreement, even if implemented in the German law do not apply. For contracts with a purpose which cannot be attributed to the trade or profession of the entitled person, this choice of law applies only insofar as the afford protection is withdrawn by mandatory provisions of the law of the State in which the consumer has his habitual residence.

16.2. In business transactions with merchants and legal entities under public law the place of jurisdiction shall be for all disputes relating to these Terms and Conditions and the concluded contracts under these Terms and Conditions including action on a bill or cheque, the place of business of Scopet Medical Solution Ltd. (Emsdetten). In this case we are also entitled to sue at the customer’s location.  

 

     17. Amendment of the Terms and Conditions

We are entitled to unilaterally change these Terms and Conditions - insofar as they are introduced into the contractual relationship with the customer - to the extent necessary to eliminate subsequently emergent equivalence disorders or to adapt to changing legal or technical regulations. We will inform the customer about this amendment pointing out the amended regulations. The amendments become part of the contract, if the customer fails to appeal against these amendments in writing or in text form within 6 weeks after their receipt.

 

     Severability Clause

Should individual provisions of the contract totally or partially be or become invalid or should the contract have an unforeseen gap, the remaining provisions or parts of such provisions remain unaffected. Instead of the invalid or missing provisions the respective legal regulations apply.

 

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If you are a consumer under the statutory provisions of § 13 BGB, you have the right to withdraw from this contract as follows:

 

According to § 13 BGB a consumer is a natural person who enters into a legal transaction for a purpose, that cannot be attributed mostly neither commercial nor is independent vocational activity.