Betalningsvillkor och Leverans

RAYONEX Biomedical GmbH

1. General conditions
1.1 We make our delivery contracts on the following conditions only, even if we don't specifically refer to them during further continual business connections.
1.2 Digressing conditions of the customer are only valid, as far as they have been acknowledge by us in writing. As soon as the customer accepts delivery, even partially, he gives his agreement to the sole validity of our conditions of sale and delivery, even if he has excluded the validity of digressing sales conditions in the forms of his own conditions.
1.3 Our offer remains subject to alterations. We are under the sole obligation of the stipulations of our written order confirmation. Alterations and completions must be laid down in writing.

2. Prices and payment
2.1 Our prices are ex works, excluding TVA, post and package. The price valid on the day of delivery is effective.
2.2 Sale invoices are to be paid within 10 days after the invoice date with 3% discount, or net within 30 days after the invoice date. Repair invoices are paid within two weeks of the invoice date, net terms only. Orders from abroad are supplied on advance payment (bank transfer or payment by credit card).
2.3 Health complaints may have a variety of causes. Our products are not effective against every cause. People have very complex reactions toward the influence of their environment as well as to our products. For all these reasons, we cannot take over the guarantee for the success of our products. Therefore, we grant you the right to return the products within four weeks after delivery, free of costs. However, this right of return can not be extended to literature and consumer goods.
2.4 If the period allowed for payment should be exceeded, we have the right to charge the customer with the standard gross bank interest rates for overdraft provisions from the deadline on. 
2.5 If a customer defaults in his payment of a not inconsiderable sum for more than 10 days after the deadline, all our demands are due at once, regardless off accepted bills of exchange. After this, we have the right to deliver only after advance payment or guarantee.
2.6 The customer is not permitted to keep back payment or to set it off because of counterclaims and guarantee claims, except when the counterclaims have been established legally and without any doubt.

3. Delivery
3.1 Our delivery period is an approximate date. Even if both parties have come to an agreement concerning time scheduling, we are in default only after admonition. Partial delivery is permitted.
3.2 Delivery day is the day of dispatch. However, if the dispatch is delayed without our fault, delivery day is the day of provision.
3.3 If superior force is the hindrance for punctual delivery, our delivery times are extended accordingly. This includes industrial action, not avertable company-internal disturbance and problems concerning the industrial process of our sub-suppliers.
3.4 If our delivery is delayed, the customer can set a new date for delivery; if we exceed this stipulated period also, the customer can renounce the contract. Any further rights, particularly claims for compensation, are excluded.

4. Reservation of proprietary rights
4.1 We reserve our proprietary rights on the delivered goods, until all claims deriving from this business connection have been fulfilled.
4.2 The customer may sell the conditional goods within the bounds of common business only. The claims deriving from the resale of conditional goods are transferred to us immediately. Every other disposal of the conditional goods - particularly mortgage or transfer of ownership as security - is prohibited. Seizure of the delivered article by a third party must be reported to us immediately.
4.3 If the value of our securities exceeds our claims by more than 20%, we are obliged to set free the securities insofar as to our own choice.

5. Legal liability for faults of the delivered goods
5.1 For any faults of the delivered goods, our legal liability stretches so far as to exchange all parts which have become useless, due to an error in production or construction or a flaw in the material quality, in our works and free of charge within six months after delivery. Faulty products are returned to us free of cost.
5.2 If it is impossible to rectify the fault, or if we refuse rectification, the customer is free to reduce the price or to withdraw from the contract. This is also valid, if we are delayed in rectifying a fault and let an adequate extension period for rectifying the fault pass by without success. Any further demands are excluded.
5.3 In the same way, we are legally liable, if promised properties are missing, except when this is for the purpose of protecting the customer from definitively occurring damage.
5.4 We are not legally liable for faults due to natural wear, improper use or handling by a third party. Repair of such faults is at the expense of the customer. 

6. General limitation of liability
In all cases, in which we are liable for compensation due to contractual or legal bases of claim, we are only legally liable insofar, as we or our executives can be accused of intention or gross negligence.

7. Place, where the contract is to be fulfilled and court of jurisdiction, applicable laws
7.1 Contract fulfilment place for delivery and payment is our headquarters.
7.2 Court of jurisdiction is our headquarters. This is also valid for claims from bills of exchange and checks. We also have the right to take proceedings against the customer at his headquarters.
7.3 For delivery and service, only the German laws are valid. Application of the laws concerning the international purchase of mobile items and signing an international bill of sale for mobile items, is excluded.