§ 1 General, Scope of Application
- These General Terms and Conditions (GTC) apply to all our business relations with our customers (hereinafter "Customer"). The GTC shall only apply if the customer is an entrepreneur, a legal person of public law or a public special fund.
- The GTC shall apply in particular to contracts for the sale and / or delivery of movable property (hereinafter also referred to as "goods") and to services, etc. The General Terms and Conditions shall apply as a framework agreement to future contracts with the same customer Individual case should be referred back to them. In this case, we shall inform the customer immediately of any changes to our terms and conditions.
- Our terms and conditions apply exclusively. Deviating, conflicting or general terms and conditions of business of the customer shall only become a contractual part insofar as we have expressly consented to their validity. This authorization requirement applies in any case, for example, even if we carry out the delivery unconditionally in the knowledge of the customer's terms and conditions.
- Individual agreements with the customer (including collateral agreements, additions and amendments) made in the individual case shall always take precedence over these general terms and conditions. The content of the article agreement is governed by a written contract or our written confirmation.
- Legal declarations and notices which are to be given to us by the customer after conclusion of contract (eg deadlines, notification of defects, declarations for withdrawal or reduction) shall be deemed to be in writing.
- References to the validity of legal regulations have only clarifying meanings. Even without such clarification, the statutory provisions shall apply insofar as they are not directly amended or expressly excluded in these terms and conditions.
§ 2 Contract conclusion
- The customer is bound by the order. The contract is only concluded by means of hand-signed order confirmation.
§ 3 Prices
- All stated prices are in EURO [€] net plus VAT.
- The prices do not include shipping costs.
- We inform our customers about the current prices on the order form at www.reoss.eu as well as with the individually created offer. Prices are shown before order confirmation.
§ 4 Delivery period
- The delivery period is agreed individually or stated by us upon acceptance of the order.
- If we cannot comply with binding delivery periods for reasons beyond our control (non-availability of the service), we will notify the customer without delay and at the same time notify the expected new delivery period. If the service is not available within the new delivery period, we are entitled to withdraw from the contract in whole or in part. We will reimburse any consideration already provided by the customer.
§ 5 Delivery, Transfer of Risk, Acceptance, Delay in Acceptance
- The delivery takes place according to the individual production of the product. At the request and expense of the customer, the goods will be sent to another destination (dispatch purchase). Unless otherwise agreed, we are entitled to determine the type of shipment (in particular transport company, dispatch route, packaging).
- The risk of accidental loss and accidental deterioration of the goods shall pass to the customer at the latest upon handover. However, the risk of accidental loss and the accidental deterioration of the goods, as well as the risk of delays, will be transferred to the forwarding agent, freight carrier or the person or institution who is otherwise responsible for the dispatch. If acceptance has been agreed upon, this shall be decisive for the transfer of risk. In all other respects, the statutory provisions of the contract of works contract apply mutatis mutandis to an agreed acceptance. The transfer or acceptance is the same if the customer is in default of acceptance.
§ 6 Warranty
- To the extent that the goods delivered are defective, the customer is entitled within the framework of the statutory provisions to demand supplementary performance in the form of remedying defects or delivery of a defect-free product. We have the right to choose the type of supplementary performance. In case of failure of the supplementary performance, the customer is entitled to withdraw from the contract. The prerequisite for any warranty rights is that the customer properly fulfills all inspection and notification obligations owed pursuant to 377 HGB.
- The statutory period of limitation of warranty claims for the goods delivered shall be 2 months from receipt of the goods, except in the case of claims for damages.
§ 7 Payments
- Our claims are due and payable prior to order placement and with receipt of the invoice for the design and manufacture of the patient-specific device. With the payment receipt, the customer receives an acknowledgment of receipt of the payment as well as the confirmation that the order is executed.
§ 8 Special features for CAD / CAM orders
- If the customer orders CAD / CAM products by the electronic transmission of data on our order platform "MyReOss", which he generated with a CAD system (hereinafter referred to as "CAD / CAM order"), the following regulations apply:
- Prior to the manufacture of the titanium mesh, the customer receives a 3-dimensional design document, which he has to test for suitability for the intended clinical use. Change requests can be coordinated with the ReOss Design Center. ReOss requires the definitive assignment of the order with the signature of the attending physician for the manufacture of the patient-specific mesh. ReOss may only carry out the preparation of the patient-specific titan litter and deliver it to the treating physician only if it is available (via fax, eMail scan or post).
- In order to be able to meet our delivery obligations for CAD / CAM orders, the customer must meet his cooperation obligations in a timely and timely manner. In particular, the customer must ensure that the transferred CAD data contains all the necessary information and that it is completely communicated to us.
- The customer must ensure that its employees, who are able to create CAD data, can operate the scanner and the corresponding programs and can carry out the orders.
- For CAD / CAM orders, we manufacture titanium products according to the CAD data submitted to us. Therefore, there are no claims for defects resulting from incorrect operation of its scanner or applied software or from faulty transmission of the CAD data, or if these can be attributed to errors of the data line used by the customer. There are also no claims for defects that can be traced back to the order that an unsuitable material has been ordered.
- There are no claims for defects if the defect is due to a post-processing or alteration of the patient-specific mesh made by the customer.
§ 9 Right of objection
You may revoke your declaration of the contract within two weeks without stating reasons in text form (eg letter, fax, e-mail) or by returning the goods. The period begins upon receipt of this instruction in text form, but not before receipt of the goods by the consignee (in the case of recurring delivery of similar goods, not before receipt of the first partial delivery).
Withdrawal from the order
However, the right of revocation does not exist for distance contracts or other contracts for the delivery of goods which are clearly manufactured according to customer specifications.
Your right of revocation expires prematurely if we have begun with the express consent of the execution of the service (eg the design and manufacture of a custom-made product according to your specific wishes) or you have caused it yourself. However, after placing your order for the 3D design, you may withdraw from your order until the order of the order for the production of the mesh has been issued in writing. In this case, ReOss will charge a flat rate of 200 euros plus VAT for the processing and creation of the 3D design.
The timely dispatch of the revocation or of the goods is sufficient to ensure the revocation period. The revocation must be sent to:
ReOss GmbH, Echterdinger Str. 57, 70794 Filderstadt
Fax: +49 711 489 660 66, eMail: firstname.lastname@example.org
§ 10 Other liability
- Unless otherwise stated in these General Terms and Conditions, including the following provisions, we shall be liable in the case of a breach of contractual and non-contractual obligations in accordance with the relevant legal provisions.
- We are liable for damages - irrespective of the legal grounds - in case of intent and gross negligence. In the case of simple negligence, we shall be liable only for: (a) for damage resulting from injury to life, limb or health; (b) for damages resulting from the infringement of a material contractual obligation (obligation whose fulfillment requires the proper implementation of the contract; Be trusted and trusted regularly); In this case, however, our liability is limited to the replacement of the foreseeable, typically occurring damage.
- The limitation of liability resulting from clause 2 shall not apply insofar as we maliciously concealed a defect or assumed a guarantee for the quality of the goods. The same applies to claims of the customer according to the Product Liability Act.
- Because of a breach of duty, which is not in a defect, the customer can only withdraw or terminate if we are responsible for the breach of duty. A free right of termination of the customer (in particular according to §§ 651, 649 BGB) is excluded. In addition, the legal requirements and legal consequences apply.
- Insofar as our liability is excluded or limited by virtue of the forthcoming provisions, this also applies to the personal liability of our employees, employees, employees, representatives and vicarious agents.
§ 11 Export Restrictions
- The export of the contract items and documents may - e.g. Because of their nature or intended use, are subject to approval.
§ 12 Data Protection
- We collect, process and use personal data of our customers (for example, salutation, name, address and communication data, bank connections) for the purpose of initiating, justifying, carrying out or terminating a legal or legal transaction. In doing so, we comply with the provisions of the Federal Data Protection Act (BDSG).
- Any further use of the customer data for the purpose of advertising, market research or the need-based design of offers requires the explicit consent of the person concerned, which he can give prior to the declaration of the order. This consent is voluntary and can be revoked at any time for the future.
- ReOss is entitled to transfer customer data to third parties commissioned to implement the contractual relationship, in particular also to affiliated companies within the meaning of Sections 15 et seq. AktG. These third parties commissioned with the execution of the contractual relationship can use the customer data for product information and promotion of their products.
§ 13 Training
- Registrations for events organized by ReOss must be made in writing.
- The customer receives a written confirmation of registration.
- The customer confirms that there are no health concerns for the participation in the respective event.
- Course entries will be considered in the order of registration.
- In the case of cancellation by the student later than 14 days before the commencement of the course, a processing fee of 50% of the participation fee is due. In the case of a cancellation up to five working days before the event or in case of non-attendance, the full participation fee will be charged.
- Cancellation or transfer to a substitute participant must be in writing.
- ReOss reserves the right to cancel the events if the required number of participants is not met or if the instructor is prevented from doing so. In such cases, no claims for damages can be asserted.
- ReOss reserves the right to make changes in terms of dates, content and fees.
§ 14 Photo and film recordings at events
- The customer is aware that we and / or third parties authorized by us have been authorized to photograph, film, record and / or record in any other way through any other means during the participation in an event.
- The customer agrees to the free use of the customer's picture and / or voice, the photographs, film recordings and interviews of the customer in radio, television, media, books, photomechanical reproductions as posters, for use in various online Platforms, in communities such as Facebook, Clouds etc. for commercial or editorial purposes, in unchanged or modified form, in connection with the event by us or our partners. It is hereby clarified that the rights of use are exclusively for us and that we are entitled to transfer the rights which have been incurred to third parties for use.
- The customer waives his or her name, but agrees with the name of the customer in connection with the pictures and / or his voice.
§ 15 Consultancy services
- The consultancy services provided by REOSS are only payable, provided that these are laid down in a contract which specifies the service expectancy, the provision of services, the proof of performance and the agreed fees.
- Neither REOSS assumes liability nor guarantees for feasibility or promises of success for paid or free of charge consultancy services.
- REOSS can use third parties for consulting services, in consultation with the customer.
- REOSS and third parties agree to keep silence with regard to confidential information or business and business secrets. This applies indefinitely beyond the contractual relationship.
§ 16 Force majeure
In the case of force majeure, that is, serious events, e.g. Industrial disputes, unrest, warlike or terrorist disputes, etc. which result in unpredictable consequences for the performance of the contract, the Contracting Parties shall be exempted from their performance obligations for the duration of the disturbances to the extent of their effect. Automatic contract resolution is not associated with this. The contracting parties are obliged to notify themselves of such an obstacle and to adapt their obligations to the changed conditions in good faith.
§ 17 Statute of limitations
- By way of derogation from 438 para. 1 no. 3 BGB, the general period of limitation for claims arising out of material and legal deficiencies shall be one year from delivery. If an acceptance is agreed, the limitation begins with the acceptance.
- The above limitation periods of the purchase right also apply to contractual and non-contractual claims for damages on the part of the customer, which are based on a defect of the goods, unless the application of the statutory statutory period of limitation (195, 199 BGB) would result in a shorter limitation period in individual cases. The statute of limitations of the Product Liability Act shall remain unaffected in all cases. Otherwise, claims for damages of the customer pursuant to Art. 9 exclusively the statutory limitation periods.
§ 18 Final provisions
- Amendments and / or additions to these terms and conditions must be in writing. This also applies to the abolition of the written form requirement.
- The law of the Federal Republic of Germany applies to the exclusion of the UN purchase law.
- The place of fulfillment as well as exclusive court for all disputes arising from or in connection with this contract is 70794 Filderstadt.
- Should individual provisions of this contract be invalid under this General Terms of Business or the statutory provisions.
REOSS GmbH | Echterdinger Str. 57 | D - 70794 Filderstadt
USt.-Id (VAT): DE 264 679 708