Terms of Sale and Delivery of CADITEC Medical + Technic GmbH
All deliveries and services of CADITEC Medical + Technic GmbH are provided exclusively on the basis of these terms and conditions. A purchase contract, together with all underlying arrangements and agreements, only becomes effective upon our written confirmation or immediate delivery following an oral conclusion of contract. In the latter case, the delivery note or invoice also serves as order confirmation.
All delivery periods and dates are non-binding unless expressly confirmed in writing by us as binding. Such periods confirmed in writing commence on the date of order confirmation.
If a binding period confirmed in the above manner is not met by us, the customer may withdraw from the contract with respect to the quantities and services not delivered by the end of a reasonable extension period set in writing. The customer is entitled to withdraw from the entire contract if they can prove that partial deliveries are unreasonable for them.
If manufacture or delivery of the goods sold is rendered impossible or unreasonably difficult by circumstances for which we are not responsible (in particular force majeure, strikes, supply failures), we are entitled to postpone delivery or to withdraw from the contract in whole or in part.
We reserve the right to over- or under-delivery of up to 15% for custom manufacture and technically conditioned production variations.
The risk of accidental loss and accidental deterioration of the goods passes to the buyer as soon as the goods have been handed over to the forwarder, carrier or other person or institution designated to carry out the shipment, even if partial deliveries are made or if the seller has undertaken additional services such as shipping costs or delivery and installation.
Unless otherwise agreed, our invoices are due immediately upon receipt, net without deduction. If the customer is in default of payment, we are entitled to claim default interest of 8% above the base interest rate.
In the event of default in payment, we are furthermore entitled to make further deliveries conditional on advance payment or the provision of security, and to declare outstanding invoices immediately due.
The goods delivered remain our property until full payment of all claims owed to us by the buyer. The buyer is entitled to resell the goods subject to retention of title in the ordinary course of business. However, they hereby assign to us all claims in the amount of the invoice value of our goods that arise from the resale against a purchaser or third party.
For defects in the delivery, we provide warranty by rectification or replacement delivery. If rectification or replacement delivery fails, the buyer may demand a reduction in price or rescission of the contract. Further claims of the buyer are excluded.
Notices of defect must be made in writing. Obvious defects must be reported within 8 days of receipt of the goods. If defects are not reported in good time, the assertion of warranty claims is excluded.
For consumable goods (single-use items), the following applies: these are designed for single use as intended. Reuse is not permitted. Defects resulting from use not in accordance with the intended purpose are excluded from warranty.
In the case of slight negligence, we are only liable for breach of a material contractual obligation and for damages arising from injury to life, body or health. In these cases, liability is limited to the typically foreseeable contractual damages. Otherwise, liability for slight negligence is excluded.
All medical devices distributed by CADITEC are CE-certified and comply with the applicable requirements of the EU Medical Device Regulation (MDR 2017/745). The products must be used exclusively for their intended purpose. We accept no liability for damages caused by off-label or improper use.
As operators of medical devices, you are obliged to comply with the applicable legal requirements (in particular the German Medical Devices Operator Ordinance, MPBetreibV).
German law applies to all disputes arising from the contractual relationship, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is Bad Kreuznach, provided that the customer is a merchant, a legal entity under public law or a public-law special fund.
Bad Kreuznach Local Court (Amtsgericht) · HRB 4671
Should individual provisions of these terms and conditions be or become wholly or partially void or unenforceable, this shall not affect the validity of the remaining provisions. The ineffective provision shall be replaced by an effective one that comes closest to the economic purpose of the ineffective provision.