These general standard terms and conditions apply to all sales and deliveries by the seller “van der Heide Dental”.
I. Conclusion of contract
Our terms of business and delivery shall have exclusive validity; conditions set out by the customer, which oppose or deviate from our terms and conditions, shall not be recognized by us unless we expressly agree to their validity in writing. Our General Terms and Conditions shall likewise apply to all future business transactions with the customer. The order signed by the customers is a definite offer. The sales contract comes off with the entrance of the confirmation of order. Only our sales units are valid – we do not accept deviating sales units.
II. Prices and Terms of Payment
For prices and conditions please refer to our latest pricelist. If your order contains price difference to a latest price list, the conclusion of contract comes into existence as soon as we agreed both on the terms.
Payment should take place within 3 days after order via cash in advance. Once the payment has been confirmed, the delivery of goods will be made without delay. Should the customer default on payment, we shall have the right to claim interest on arrears in accordance with the statutory provisions. Van der Heide Dental reserves the right to furnish evidence of greater damage caused by delay.
III. Delivery and Shipment
The dispatch is carried out at the risk and expense of the customer, if nothing else is agreed upon in written form. Freight is paid within the Federal Republic of Germany for an order value from € 20.00 (net order value). If an express delivery is desired, the resulting additional costs will be charged.
In the event that we should be in default with the delivery of the contracted goods, our liability in the case of slight negligence shall be limited to 50% of the foreseeable damage. Further damage claims presuppose intent and severe negligence as the cause of delay. The fulfilment of our delivery conditions is subject to the prompt and orderly fulfilment of the obligations on the ordering party.
The person making the delivery is to be informed immediately about any possible damage in transit; otherwise the customer loses his claims for damage and warranty. Complaints about obvious defects to the goods can only be considered if they are lodged directly with us in writing within 8 days of the delivery (This does not apply to a purchase of consumer goods). Any products that demonstrably defective when supplied will be replaced at no charge, the purchase price will be refunded or the corresponding invoiced amount will be credited at the choice of us if a complaint is made within a reasonably short time (This does not apply to a purchase of consumer goods). According to §437 No. 1 and No. 3 BGB, the afore-mentioned claims shall expire one year after delivery. Special offer; no refund and no return.
V. Retention of Title
We reserve the right of ownership of the subject of purchase until all payments due from business transactions with the customer have been received.
The customer shall hereby assign to us all claims to the amount of the final invoice owed by himself for the purchase price (including value-added tax) accruing to him against his customers or third parties from resale irrespective of whether the delivery items have been sold on with or without having undergone processing.
These terms and conditions as well as any other ancillary agreement shall be exclusively subject to the laws of the Federal Republic of Germany. The UN convention on contracts for international sale of goods [11 April 1980]) does not apply.