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Nautilus Medical® Deutschland
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? 1 General - area of application

1.1
The company Nautilus Medical? Germany, p.o. box 300254, 41192 Moenchengladbach completes its business due to the following general trading conditions. The trading conditions apply to all present and future business relations.

1.2
Consumers in the sense of the trading conditions are natural persons, with whom into business relation one steps, without this commercial or independent vocational activity can be added.

1.3
entrepreneurs in the sense of the trading conditions are natural or legal entities or legally responsible unincorporated firms, with whom into business relation one steps, which act in practice of a commercial or independent vocational activity.

1.4
Customers in the sense of the business relations are both consumers and entrepreneurs.

1.5.
Deviating one, opposing or supplementing general trading conditions, even with knowledge, not part of contract, is, its validity one agrees expressly.

1.6
It applies German right under exclusion of the UN-Sales Law.


? 2 Conclusion of a contract

2.1
Our offers are not-binding. Changes as well as changes in form, colour and/or weight remain reserving us.

2.2
The customer delivers with the order a binding offer.

2.3
We are justified to accept the contract offer lying in the order within two weeks after receipt. The acceptance can be explained either in writing or by distribution of the commodity to the customer.

2.4
If the consumer orders on electronic way, we confirm the entrance immediately. The confirmation entrance represents still no obligatory acceptance of the order.
Up to the time of the acceptance we can take of the commodity offered by the supply in case of its unavailability distance.

2.5
Up to the time of the acceptance we can take of the commodity offered by the supply in case of its unavailability distance.


? 3 Revocation and return right

3.1
The consumer have the right, without taking any indication of reasons within one period of two weeks after receipt to the commodity of a contract distance closed on electronic way (right of revocation). For the revocation the return of the commodity is sufficient, in addition, a written explanation, which is embodied on another durable data medium. For keeping period the punctual sending off of the commodity and/or the explanation mentioned on address above Nautilus Medical? is sufficient.

3.2
The consumer is committed to on practice of the revocation right to the return, if the commodity can be dispatched by package. The cost of the return bears on practice of the revocation right of the consumer unless the supplied commodity corresponds not to the ordered commodity.

3.3
The consumer has the obligatory indemnification according to value for a degradation resulted from the intended putting into use of the commodity carry out. The consumer may examine the commodity carefully and carefully. The consumer has to carry the depreciation, which leads by the use going beyond the pure examination to it that the commodity cannot be sold again.
With goods redemption, which are not to due to our blame for, we compute a handling charge at a value of 20% of the commodity value, at the most however 50.00 ?.


? 4 Delivery, minimum purchase order value

4.1
The supply success to the ship-to-address indicated by the customer.

4.2
We calculate a forwarding expenses addition per order, unless another agreement was met. This agreement requires writing. A lower-quantity surcharge is not raised.

4.3
Supplies in the foreign country, as well as equipment deliveries are calculated at the cost prices after the valid in each case tariffs of the assigned transport enterprises.

4.4
We are justified to partial deliveries. With partial deliveries we carry additional forwarding expenses resulting from it.


? 5 Maturity and payment

5.1
The offered purchase price is binding. For consumers the legal value added tax is contained. With entrepreneurs the prices understand themselves plus the legal VAT.

5.2
The consumer can carry out the purchase price by cash on delivery or direct debit.
The entrepreneur can carry out the purchase price 30 days net, 10 days with discount payment or by direct debit with discount payment.

5.3
The entrepreneur commits itself, to pay the purchase price after receipt of the commodity within in exp 5.2 selected period. After expiration of this term the entrepreneur comes into delay of payment.

5.4
The entrepreneur has to pay the interest debt at a value of 8% over the prime rate on during the delay. Opposite the entrepreneur we reserve ourselves to prove and make a higher damage caused by default valid. For all costs those from a delay develop, assume the entrepreneur the liability.

5.5.
The customer has a right for set-off only if its counterclaims were validly determined or by Nautilus Medical? recognized.

5.6
The customer can exercise a right of intention only if its counterclaim is based on the same contractual relation.

5.7
Overdue fines
If the entrepreneur or the buyer comes into delay with its payment and one did not pay also after a memory the defaulting amount, then an overdue fine at a value of 5,-- Euro becomes due for the first reminder, 5. -- Euro for the 2. reminder, and 10,-- Euro for the third reminder. If it comes to a judicial reminder procedure, then the costs of the procedure on the entrepreneur or buyers are put down.


? 6 Passage of the risk

6.1
If the buyer is entrepreneur the coincidental degradation of the commodity and the danger of the coincidental debasement with the delivery, with the dispatching sales with the distribution of the thing over the carrier, the carrier or otherwise for the execution of dispatching certain persons or institute on the buyer.

6.2
Is the buyer consumer, the danger of the coincidental fall and the coincidental degradation of the sold thing also with the dispatching sales goes only with the delivery of the thing over to the buyer.

6.3
It stands for of the delivery forthwith, if the buyer is in the delay of the acceptance.


? 7 Retention of title

7.1
With contracts with consumers we reserve ourselves the property at the commodity up to the complete payment of the purchase price.

7.2
With contracts with entrepreneurs we reserve ourselves the property at the commodity up to the complete payment of all demands from a current business relation.


? 8 Guarantee

8.1
For consequences, which result from a lack of the product and its contents materials, the manufacturer is responsible. The product illustrations do not have to agree always with the appearance of the supplied products. In particular it can come by assortment renewals of the manufacturers to changes in the appearance and in the equipment of the products. Requirements for lack do not exist in as much as the changes for the customer are reasonable.

8.2
Is the buyer entrepreneur, we carry out guarantee for lack of the commodity first after our choice by rework or replacement.

8.3
Is the buyer consumer, we become filling the NAK ago, i.e. either for replacement or for removal of the lack in an appropriate time. If the NAK ago filling selected by the consumer is possible only with disproportionate cost, we are entitled to full fill in supplementary performance.

8.4
The expenditures necessary for the NAK ago filling is carried by us. If the NAK ago filling does not succeed, the customer can cancel for his choice the purchase or require reduction of the purchase price. With an only slight contrary to the terms of the infringement of contract, in particular with only slight lack, however no right of withdrawal is entitled to the customer.

8.5
Entrepreneurs must indicate in writing obvious lack within one period of two weeks starting from receipt to the commodity; otherwise the asserting of the warranty claim is impossible. For period keeping the punctual sending off is sufficient. The full burden of proof for all presuppositions for claim meets the entrepreneur, in particular for the lack, for the time of the definition of the lack and for the timeliness of the notice of defect.

8.6
Consumers must within one period from two months after the time of the statement the contrary condition to the terms of the commodity (Defectiveness), inform the Nautilus Medical? over obvious lack in writing. For the period keeping the entrance of the instruction is relevant with the Nautilus Medical?. Does the consumer omits this instruction, expires the warranty laws two months after the statement of the lack. This does not apply with bad cunning of the salesman. The burden of proof for the time of the statement meets the consumer.

8.7
Requirements for lack fall under the statute of limitations in two years starting from the time of the commodity.

8.8
Is the buyer entrepreneur, only the product description of the manufacturer is considered as agreed upon as condition of the commodity. Public expressions, advertising or advertisement of the manufacturer represent beside it no stipulated condition of the commodity.


? 9 Limitation of liability

9.1
The manufacturer clings to for consequences, which result from a lack of the product. Nautilus Medical? appears only as general importer and a distributor. A product liability is not taken over. Requirements of the customer from product liability can be made valid therefore only opposite the manufacturer.

9.2
With easily negligent obligation injuries, which result from the selling of the products, the adhesion of the Nautilus Medical? is limited up to the contract-typical direct average damage.
This applies also with easily negligent obligation injuries of our legal representatives or executing aides.

9.3
The Nautilus Medical? does not cling to opposite entrepreneurs with easily negligent injury of insignificant contract obligations.


?10 Data security

10.1
The data necessary for the commercial handling is stored electronically. All personal data are treated naturally confidentially in accordance with the Federal Law for Data Protection.


? 11 Final clauses

11.1
Is the customer buyer, legal entity of the public right or publicly legal special estate, exclusive area of jurisdiction for all disputes from the present Treaty is the registered place of business of the Nautilus Medical?. The same applies, if the customer does not have a general area of jurisdiction in Germany or domicile or usual stay at the time of the complaint does not be acquainted. This regulation applies beyond that to the entire European commercial area.

11.2
Should individual regulations of the contract with the customer including these general trading conditions totally or partly ineffectively its or become, thus thereby the validity of the remaining regulations is not affected (severability clause). The whole or partial ineffective regulation is to be replaced by a regulation, their economic success of the ineffective regulation comes as close as possible.


Miscellaneous

The Nautilus Medical? examines and updates the information constantly. Despite all care the data can have changed in the meantime. An adhesion or a warranty for the topicality, correctness and completeness of the provided information therefore cannot be taken over. This applies also to information in the Internet.

Nautilus Medical? reserves itself the right, to make changes or additions of the made available information.

Contents and structure of the Nautilus Medical? documentations are in copyright matters protected. The duplication of information or data, in particular of texts, texts or pictorial material, requires the previous agreement of the Nautilus Medical?.

Exclusive area of jurisdiction for all disputes from this general terms and conditions is Moenchengladbach.

Updated 1st of March 2007






Nautilus Medical®|postbox 410120|D - 41241 Mönchengladbach|phone +49 (2166) 604002|order fax +49 (2166) 604111|Datenschutz