The following General Terms and Conditions of Sale and Delivery shall apply to the entire business relationship between W&H and customers. By placing the order the Customer recognises them as being binding on him. Deviating, contrary or supplementary general terms and conditions shall not become part of the contract, even if they are known, unless applicability of the same is expressly agreed in writing. If terms are agreed in the contract in writing which deviate from these General Terms and Conditions of Sale and Delivery the contractual regulations shall prevail.
The current prices published in the price list applicable on the day of the order shall apply. Prices shall be ex works including packaging but exclusive of shipping expenses. Value-added tax shall be calculated separately according to the statutory provisions applicable on the day of delivery or service. Deliveries and services shall be subject to technical or other changes to the extent reasonable.
Goods are always shipped without insurance and in any case at the cost and risk of the Customer. This shall also apply to deliveries with carriage paid and irrespective of the means of transport used or of who chooses the means of transport. Transport insurance shall only be taken out at the express request of the Customer. Resulting costs shall solely be borne by him. Unless otherwise agreed in writing, the price risk shall pass to the Customer upon dispatch of the goods; in case of default in acceptance by the Customer the price risk shall pass to the Customer upon readiness of the goods of W&H for shipment. Unless otherwise agreed in writing W&H shall choose the place of dispatch and the shipping route and the means of transport at its discretion and shall not assume any liability for cheapest and fastest transportation. Delivery times and unloading periods stated are always non-binding unless otherwise expressly agreed in writing. If the Customer provides the means of transport, he shall be liable for timely provision. Delays, if any, shall be notified to W&H in time. Resulting costs shall be borne by the Customer.
Notice of Defects
The Customer shall immediately inspect the goods for defects. Incomplete or incorrect deliveries and apparent defects shall be notified to W&H in writing not later than eight days after receipt of the goods; latent defects and errors shall be notified immediately upon identification of the same. The notice shall clearly state the type and scope of the alleged defect. If defects or errors are not notified on time, the shipment shall be deemed approved and asserting of warranty claims shall be excluded.
In the case of well-founded and timely notices of defects W&H shall improve the goods, grant a price reduction or make a substitute delivery (replacement) or take the goods back against refund of the purchase price in adequate consideration of the Customer’s interests. W&H shall choose the remedy under warranty. If W&H do not comply with the warranty obligation, the Customer shall be entitled to reduce the price reasonably or to rescind the contract. Any other claims vis-à-vis W&H, in particular for direct damages or consequential damages, shall, to the extent permitted by law, explicitly be excluded. Fulfilment of a well-founded warranty obligation shall not affect any guarantee commitments made vis-à-vis third parties. Accordingly, such fulfilment shall not extend the period, neither with regard to warranty, nor with regard to guarantee.
Delivered goods may only be sent back with W&H’s prior consent. If goods are returned nevertheless, W&H shall be reimbursed any and all costs incurred by them as a consequence thereof. The Customer may not deduce any claims or other legal consequences from acceptance of returned goods. In the event that it is agreed that goods will be taken back W&H reserve the right to charge a handling fee for the costs incurred in connection with the returned shipment and, when crediting the value of the goods, to deduct an amount that corresponds to age and condition of the goods. W&H shall determine the amount of such reduction.
Invoices for deliveries of goods shall be paid in accordance with the relevant agreements made. If no written agreement on the payment period exists between the parties, all payments of invoice amounts shall be due immediately upon receipt of the invoice and shall be made without deductions. At the request of W&H the mode of payment may be changed to collection on delivery. Bills of exchange or cheques shall only be accepted if specifically agreed in writing and only on account of payment.
The Customers confirms that he knows the relevant national, European and international regulations related to distribution of medical products, such as the Statute on Medical Products or the Guidelines on a Medical Device Vigilance System, and undertakes to comply with the same. Furthermore, the Customer confirms that according to applicable national, European and international regulations he is qualified and authorised to trade in, store and purchase medical products.