Conditions of use

GTC

Our general terms and conditions are binding with the sending of your order.

1. general

1.1 These General Terms and Conditions shall apply exclusively to all deliveries and services. In addition, the license conditions of the manufacturer enclosed with the products shall also apply. All product names and logos are the property of the respective manufacturers. Product illustrations are exemplary illustrations and can deviate from delivered products.

1.2 Deviations from these terms and conditions, supplementary agreements and ancillary agreements must always be made in writing. In principle, our General Terms and Conditions shall apply in accordance with the latest version.

1.3 Our information and offers regarding the devices and product descriptions distributed by us are subject to change. In view of the continuous technical development and improvement of the products, we reserve the right to make changes in design and execution compared to the information provided in our various printed publications and our online catalog. This also applies to changes that serve to maintain the ability to deliver. Misprints and errors excepted. The buyer is informed that he does not have to accept goods which he has not ordered or which he has not ordered in this way. The right of return/cancellation according to § 5 applies here as well.

1.4 Purchase contracts are only concluded by a written order confirmation (e-mail is sufficient) or the acceptance of the goods by the customer (and after expiry of the revocation / return period of 2 weeks). With the opening of the original packing, respectively the sealing (plastic foil) the customer recognizes our warranty conditions, copyright protection, as well as the license conditions and warranty promises of the manufacturers.

2. prices and terms of payment

2.1 For the delivery the prices at the time of the order of the goods are valid. The currency of the quoted prices is € (Euro). The prices are net prices plus VAT. In the invoices, in addition to the net price, the supplementary services are shown: Shipping charges, insurance, packaging as well as the VAT valid at the time of delivery/invoicing.

2.2 We reserve the right to make price changes that become necessary due to changes in customs duties, import and export fees, foreign exchange management, exchange rate fluctuations, allocation goods, book market due to price fixing, daily prices, etc.. Items affected by price changes are marked with * in the invoices. The current prices can always be found at www.SR-MED.DE. Return of goods in their original condition is a matter of course.

2.3 In case of delivery within Germany against open invoice, these are due without deduction, payable within 10 days after invoice date. In the event of a delay in payment, we are entitled to charge interest on arrears at a rate of 5% above the respective base interest rate announced by the Deutsche Bundesbank. In the event of default, we are entitled to refuse all deliveries to the customer, also from other contractual relationships. We are not liable for any damages resulting from non-delivery.

Minimum order values domestic: € 20,- international: € 100,-.

3. delivery, dispatch, transfer of risk

3.1 We shall determine the type of dispatch, the dispatch route and the carrier at our discretion, provided that no express instructions are given by the customer.

3.2 We shall be entitled to make partial deliveries unless expressly agreed otherwise. Partial deliveries shall be deemed to be independent deliveries for the purposes of payment obligations, transfer of risk and warranty obligations. The customer is not entitled to reject independent partial deliveries. Should an article not be available at short notice, we shall decide at our discretion whether a subsequent delivery shall be made free of charge or whether the article shall be indicated in the invoice with "Please reorder".

3.3 Depending on the goods, deliveries are insured by us at the expense of the buyer. The transport insurance amounts to 0.8% of the order value. The recipient is obliged to check the shipment for external integrity upon receipt. However, if transport damage has occurred, an immediate damage report must be made by the deliverer.

In the case of hidden damage, please bring the package immediately - to the post office or to the carrier used - please obtain a confirmation of the damage - return the package to us with the aforementioned documents - upon receipt of the damaged goods, you will immediately receive a replacement delivery

3.4 In case of unsolicited sending of goods and other parts to SR-Medizinelektronik the respective sender bears the transport risk as well as all costs incurred. This does not apply to returns within the granted right of return.

4. delivery period

4.1 Delivery dates must be agreed upon in writing. The deadline shall be deemed to have been met if the goods are dispatched before the deadline expires.

4.2 All agreed delivery periods shall apply subject to correct and timely delivery to us. The delivery period shall be extended appropriately in the event of measures within the scope of work stoppages (strike/lockout), legal and official orders (import/export restrictions), war, force majeure. Claims for damages in case of non-compliance are excluded.

5. right of return/cancellation for consumer contracts

5.1 We grant the legal right of return/cancellation exclusively for legal transactions which a natural person in Germany concludes for purposes which can be attributed neither to your commercial nor to your independent professional activity. Such customers are no longer bound to their order if they return the goods within a period of 2 weeks after receipt by means of a return label (value of goods over € 40) and risk (without giving reasons). If the goods cannot be sent as a parcel, a corresponding written request for return on a permanent data carrier (letter/fax/e-mail) without stating reasons within the period is sufficient.

To meet the deadline it is sufficient to send the goods in time to: SR-Medizinelektronik - Landhausstrasse 260/1 - D-70188 Stuttgart, Germany.

5.2 The right of return does not apply to sealed goods (audio, video recordings, software on data carriers of all kinds, books, batteries, accumulators) if the sealed packaging has been opened/damaged. Furthermore, there is no right of return for individually configured computers, products which were manufactured or procured according to customer specifications, customized software and hardware, services, downloads. Please note that bundles, packs and other combinations of software and hardware can only be returned together.

5.3 However, it is to be considered that the return takes place in the original condition in the undamaged original/sales packaging. In the event of significant deterioration (e.g. soiling, damage, damaged sales packaging, damaged documentation, incomplete return), we expressly reserve the right to demand compensation.

Likewise, the value of the transfer of use until the return is to be compensated e.g. for all consumables such as ink, paper, toner, blanks, diskettes, media, batteries, rechargeable batteries, etc.. This may result in your obligation to pay the full purchase price. We will assert claims for replacement in particular for processors, memory modules, hard disks and other PC articles at least in the amount of the price decline, especially since these are subject to a constant price decline. The actual use is not relevant. Of course, you are also entitled to compensation in the event of loss of the goods, provided that this does not occur by way of return shipment.

5.4 Return shipments sent freight collect will not be accepted. We will issue a credit note immediately after receipt and inspection of the goods, taking into account all points of our terms and conditions. The credit amount will be refunded if payment has already been made.

6. reservation of proprietary rights

6.1 We reserve the right of ownership of the purchased goods until full payment of all claims, including ancillary claims. In the event of conduct in breach of contract, we shall be entitled to demand the return of the object of sale. If the purchased item is further processed or mixed with other goods, we shall acquire co-ownership of the new item. A right of return is excluded in this case.

6.2 The customer shall be entitled to process the goods in the ordinary course of business. This does not apply in case the customer is in arrears with a payment obligation towards SR-Medizinelektronik.

7. software / literature / licenses

7.1 In many cases, certain articles (e.g. software) are subject to license terms of the manufacturer which go beyond our terms. With the use of the goods, the buyer recognizes their validity and is liable in case of violation in the full amount for the resulting damage.

8 Warranty / Disclaimer

8.1 We guarantee that the delivery items are free of material defects according to the respective state of the art, i.e. that they are suitable for the intended uses or for normal use and that they have a quality which is usual for items of the same type. Claims for damages due to defects in the item are excluded. The warranty period of 2 years shall apply, taking into account the reversal of the burden of proof, except in the case of consumables. The warranty period shall commence upon receipt of the goods by the Customer.

8.2 SR-Medizinelektronik does not assume any warranty for damages or defects resulting from improper use, storage, operation, faulty or negligent handling. Likewise, any warranty expires if the customer carries out interventions or repairs himself or has them carried out by persons not authorized by us.

8.3 Obvious defects must be reported in writing immediately after receipt of the goods. If a defect becomes apparent later than 6 months after handover, the customer must prove that the item was defective at the time of transfer of risk (reversal of the burden of proof).

8.4 As far as a defect of the purchased goods for which we are responsible becomes known, the customer can demand according to § 439 BGB at his choice the removal of the defect or the delivery of a defect-free item. SR- Medizinelektronik can refuse the type of supplementary performance chosen by the buyer if it is only possible with disproportionate costs. The buyer is obliged to send back the complained item with an exact description of the defect and a copy of the delivery bill. Furthermore, the Buyer is obliged to backup data at his own expense. In case of data loss SR-Medizinelektronik cannot be held liable under any circumstances. In case of unjustified complaint we reserve the right to charge an expense allowance for the performed test measures. The amount depends on the effort, but is at least € 15,-.

8.5 Unless expressly agreed, any further liability claims of the customer - irrespective of the legal grounds - shall be excluded. The above exemption from liability shall not apply if the damage is due to intent or gross negligence. Insofar as our liability is excluded, this shall also apply to the personal liability of our employees.

8.6 The customer is obliged to check the goods after receipt and before further processing for correctness and usability for his application purposes.

9. data protection

9.1 The data necessary for the business transaction will be stored and used in the context of the order processing.

9.2 The customer is entitled to object to the use of his address data for advertising purposes on our part. Address data will not be passed on to third parties for commercial purposes.

10. miscellaneous

10.1 Stuttgart is agreed as the place of performance for all mutual services owed under the contract, including any claims for return of goods.

10.2 Orders transmitted more than once (telephone/fax/letter post/repeats) for whatever reason must be clearly marked as such, otherwise they will be executed again. In such cases, no costs can be assumed on our part.

10.3 In the event that individual provisions of the supply contract or of these General Terms and Conditions are invalid, the remaining provisions shall continue to be valid.

11. place of jurisdiction

Exclusive place of jurisdiction is Stuttgart or another legal place of jurisdiction according to the choice of SR-Medizinelektronik, as far as the customer is a merchant in the sense of the HGB or a corporation under public law.

Owner. Sarah Richter Ust.-IdentNr.: DE 227809627

As of February 15, 2016, the EU Commission will provide a platform for dispute resolution. You can find this under the following link: http://ec.europa.eu/consumers/odr/

Status 2022