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Business and delivery conditions for commercial customers
.1. The deliveries, services and quotations of Ärztebedarf Künkel are exclusively based on these terms and conditions of business and delivery. Offers and quotations are always subject to change; the goods are subject to prior sale. Changes due to price increases by manufacturers and wholesalers will be communicated before delivery, so that the order can be cancelled. Any terms and conditions of business and delivery of our customers which deviate from our general terms and conditions of business are hereby rejected. Deliveries on our part shall not be deemed to be an acceptance of our customers' terms and conditions of order. Deviating terms and conditions shall only apply in written form.
2. All prices apply ex warehouse Fürstenfeldbruck. For an order value of less than € 50.00 net, we charge a handling fee of € 10. Statutory value added tax is added to all amounts.
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3. Shipment is at the risk of the customer. The risk shall pass to the customer upon dispatch from the warehouse. Transport damage must be reported in writing within 5 days of receipt of the goods. A damage report must be recorded in accordance with the carrier's regulations. For an order value of less than € 50,- net as well as for export, we charge a freight surcharge according to the respective current freight condition sheets of the carrier (DPD, DHL). The same applies to goods that are specially marked in our sales lists or are not included there or whose prices are agreed separately. From an order value of € 100,- net we deliver within Germany (except islands) free of postage and packaging. For export shipments: Free border for an order value from € 250.
.4. Our liability is limited to taking back articles that are not in perfect condition or wrongly delivered. Other claims are excluded. If we agree to take back the goods as a gesture of goodwill, we shall be entitled to a lump sum for the inspection and re-storage of the goods of 10% of the value of the goods, but at least € 15. Sterile articles as well as diagnostics are generally excluded from return.
.5. Ärztebedarf Künkel is entitled to carry out total deliveries or partial deliveries of customer orders. If the delivery is delayed due to unforeseen events for which we or our suppliers are not responsible, the delivery period of Ärztebedarf Künkel is extended for the corresponding period. If delays last longer than 2 weeks or if there is a shutdown at our company or at our suppliers, we are entitled to withdraw from the contract. A claim for damages due to delayed delivery is excluded, unless it is based on an intentional or grossly negligent breach of contract on our part or on the part of our suppliers.
.6. New customers shall initially be supplied either by issuing a direct debit authorisation or against advance payment. Otherwise, payment for our claim must be received by us in full after 21 days without deduction. If the payment deadline is exceeded, we are entitled to charge interest at a rate of 2% above the usual bank current account interest. All deliveries are subject to our retention of title until the customer has settled all outstanding liabilities with us. In the case of cheques, the date of encashment shall apply. For consultation hour supplies, the prescription must be received by us by postal letter no later than 7 days after delivery, otherwise invoicing will be as customary in the trade. The customer is entitled to resell in the ordinary course of business. The customer hereby assigns all claims from the resale of the reserved goods to Ärztebedarf Künkel in the amount of the invoice value of the reserved goods. However, the customer is authorised to collect the claims as long as he is in compliance with the contract and there is no insolvency. At the request of Ärztebedarf Künkel, its customer must inform Ärztebedarf Künkel of the assigned claims, their debtors as well as the invoice value of the reserved goods resold, provide all information required for collection, hand over the relevant documents and inform the debtors of the assignment. Ärztebedarf Künkel undertakes to release the securities to which it is entitled insofar as their value exceeds the claims to be secured by more than 20%. In the event of default in payment on the part of the purchaser, all claims of Ärztebedarf Künkel shall become due immediately. The customer must inform Ärztebedarf Künkel immediately of any intervention by third parties in Ärztebedarf Künkel's right of ownership, stating the address of the third party. All costs arising from intervention shall be borne by the customer. As long as Ärztebedarf Künkel has the property rights to the object of purchase, it or an authorised representative is entitled to convince itself of the existence and condition at any time. The customer shall now already grant Ärztebedarf Künkel free access to the storage room of the goods. If the customer defaults on payment, his right to possession of the delivered goods expires, as does the right to resell and process or combine them with other items. Taking advantage of the right of access, Ärztebedarf Künkel can collect the goods from the customer and sell them elsewhere by private sale. The customer has to bear the costs for this or the losses incurred.
7. The unconditional creditworthiness of the customer is a prerequisite for delivery. If, after conclusion of the contract, we receive information which makes the granting of credit in the amount resulting from the contract appear not to be completely unobjectionable, or if facts arise which give rise to doubts in this respect, in particular a deterioration of the financial circumstances, possible cessation of payments, deterioration of the business situation or a deterioration in the creditworthiness of the customer, we shall be entitled to demand payment. If the customer suspends payments, if business prospects deteriorate, if a petition for composition or bankruptcy proceedings is filed, if the business is dissolved or if the customer pledges stocks, outstanding accounts or purchased goods or provides security for other creditors, or if the customer does not pay the invoices despite a reminder, we shall be entitled to demand advance payments or securities. If the customer does not make advance payment or provide security within a period of 1 week, we are entitled to withdraw from the contract.
.8. Place of performance for the mutual obligations is Emmering. Place of jurisdiction: The courts having jurisdiction for Emmering. However, we are also entitled to take legal action at the customer's place of business.