SBT

STANDARD BUSINESS TERMS

biocon Medizintechnik GmbH, Triebweg 1-3, 63933 Mönchberg, Germany

§1
Scope of Application

  1. Our deliverable and performance are exclusively based on the following terms, unless anything different has explicitly been agreed in writing.
  2. Conflicting purchasing terms of the customer will only become an integral part of the contract if expressly agreed in writing from our part.

§ 2 
Quotations, Contract Conclusion, Pricing

  1. Our quotations are subject to change. Any orders or agreements, whether in written form or verbal, only become effective and binding once confirmed by us in writing. The same applies for any verbal side-agreements and assurances. In the event of immediate delivery, however, our invoice would replace an order confirmation. 
  2. Our deliverable and performance are based on the price-lists ruling at any one time. If price changes have occurred after order placement, we are entitled to charge the buyer the new prices at the moment goods are delivered or services are rendered.
  3. Should the customer’s financial circumstances and/or solvency worsen essentially, following contract conclusion, or should such circumstances have existed at the time of contract conclusion, yet have come to knowledge subsequently, we are entitled to withdraw from the contract or to demand advance payment.
  4. Our prices are to be understood net, ex works or warehouse, plus the currently ruling value-added tax, where applicable.
  5. We reserve absolute rights of property and proprietary exploitation concerning cost estimates, drawings and any other documents, which have been placed at the customer’s disposal. They may not be passed on to third parties without previous agreement from us in writing.
  6. Documents provided in conjunction with a bid procedure, such as illustrations, drawings, etc., containing indications of weights and measurements, as well as descriptions of quality and characteristics, are only approximate and not to be regarded as guaranteed. Only those characteristics, which have been confirmed in writing, are warranted. Any reference to standards constitutes only a rough product assessment without any warranty for characteristics as defined by those standards, unless such warranty has been declared in writing.
  7. Information given on the scope of use and application concerning our products, technical advices and any other indications, are provided to the best of our knowledge, yet without commitment, referring also to any possible property rights of third parties, and do not exempt the customer from testing the goods properly as to their suitability for the intended purposes.

 § 3
Delivery, Packaging, Transfer of Perils

  1. Goods are delivered ex works or warehouse. Shipping costs are to be covered by the customer. Dispatch route and means of transport are left to our discretion, unless specially agreed otherwise. Cost of packaging is only charged in cases of particular packaging requirements causing additional expenditure.
  2. Unless otherwise agreed, goods are shipped without insurance coverage from our part. Transfer of perils occurs at the moment goods are delivered to a forwarding agent or freight carrier, yet no later than at the time when the goods leave either warehouse or supplier works. 
  3. Once readiness for dispatch has been announced, goods must be called off without undue delay. Should this not be done, we are entitled, at our own discretion, to either ship or store the goods at the buyer’s risk and expense, and to issue a respective invoice right away. Transfer of perils occurs once the goods are ready for shipment and are placed at the customer’s disposal. 
  4. Disposable packages cannot be returned. In cases of commission processing, no packaging material can be returned, whatsoever.

 § 4
Periods for Delivery, Conditional Order Acceptance

 § 5
Notification of Deficiencies, Warranty

 § 6
Exclusion and Limitation of Liability

§ 7
Observation and Reporting System for Medical Devices

 § 8
Batch Traceability

§ 9
Payments

 § 10
Default Interest, Late Payments

 § 11
Retention of Title

 § 12
Place of Performance, Place of Jurisdiction, Applicable Law

 § 13
Data Protection Clause

 § 14
Final Clause

Date of issue: June 2019

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biocon Medizintechnik GmbH | Triebweg 1-3 | 63933 Mönchberg