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§ 1 General Terms and Conditions– Area of Application
1. The general terms and conditions are valid for all present and future business relationships.
2. Consumers in the sense of the trading conditions are natural persons, with whom business relationships are entered, without adding to these a commercial or independent occupational activity. Entrepreneurs in the sense of the trading conditions are natural or legal entities or legally responsible unincorporated firms, with whom a business relationship is entered, which act in practice as a commercial or independent occupational activity.
Customer (buyer) in the sense of the trading conditions are both consumers and entrepreneurs.
3. Deviating, opposing or supplementing general trading conditions, do not become part of the contract, even with prior knowledge, unless their validity is explicitly agreed upon.
§ 2 Contract Conclusion
1. Our offers are not binding. Technical changes as well as changes in form; colour and/or weight are subject to change.
2. When placing the order the customer explains obligatorily that he wants to acquire the ordered commodity. We are entitled to accept the contract offer included in the order within 2 weeks after receipt of the order. The acceptance can be explained either in writing or by distribution of the commodity to the customer.
3. If the consumer orders the commodity by electronic means, then we will acknowledge the receipt of the order immediately. The acknowledgment of the order does not represent an obligatory acceptance of the order. The receipt of acknowledgement can be connected with the notification of acceptance.
4. The contract conclusion takes place under the reservation of the correct and punctual self supply via our suppliers. This applies only if the non-delivery is not represented by us, in particular when concluding a congruent hedging transaction with our supplier.
The customer is informed immediately about the unavailability of the product. The invoice amount is returned immediately.
5. If the consumer orders the commodity by electronic means, the contract text is stored by us and sent to the customer on demand together with the available GTC by email.
§ 3 Retention of Title
1. We reserve the property right of the delivery item until the complete payment of the purchase price is received.
2. In the case of contracts with entrepreneurs we reserve the property right of the delivery until all payments related to this business connection with the buyer are received.
3. The customer is obligated to treat the commodity carefully. If maintenance and inspection work are necessary, the customer has to accomplish these regularly at his own expense.
4. Upon access of third parties to the goods, for example repossession, damage, or destruction to the goods, the customer is obligated, to notify the manufacturer immediately. The customer has to notify the manufacturer in case the goods shall be delivered to a different recipient as well as the change of the own domicile immediately.
5. Upon actions of the customer contrary to the contract we are entitled, above all in the case of delayed payment or negligence in carrying out the contractual duty according to clause 3 and 4 of this regulation to rescind the contract and to demand the return of the delivery item.
6. The entrepreneur is entitled to sell the goods within his normal business operations. However, he already relinquishes all demands in the amount of the invoice to us arising from resale against the third party. We accept his cessation. After the cessation the entrepreneur is authorized to collect the demand. We reserve the right to collect the demand in case the entrepreneur does not duly fulfil his payment obligations or in case of delayed payment.
§ 4 Right of Revocation and Right of Return
1. The consumer has the right to recall its declaration of intention directed towards the conclusion of the contract within 2 weeks after receipt of the commodity. The revocation does not have to contain reasons and is explained in text form or by return of the goods to the vendor. The period begins with receipt of the delivery of goods. To meet the deadline, punctual mailing of the revocation or the commodity to the sender shall suffice.
2. Opened or already used articles are excluded from the revocation and return rights.
3. The consumer is obligated in practice of the right of revocation to the return, if the commodity can be dispatched by package. The costs of the return carries on practice of the right of revocation with a purchase order value up to 40,00 EUR the consumers, unless the supplied commodity does not correspond to the ordered one, or in case of faulty goods. If the purchase order value exceeds 40,00 EUR the consumer does not have to bear the cost of the return.
4. The consumer has to pay compensation for the devaluation resulted from the intended use of the commodity. The consumer may examine the commodity carefully and with caution. The consumer has responsibility for the devaluation, resulting from the use of the product, that it cannot be sold again as ‘new’.
§ 5 Payment
1. The offered purchase price is binding. In the purchase price the legal value added tax is contained. We reserve the right for price adjustments. No additional costs for the customer arise when ordering by electronic means.
The customer can pay the purchase price alternatively by direct debit or credit card.
2. If the buyer gets into a default of payment he has to pay interest on the debts at a amount of 10 percent over the basic interest rate from the corresponding point of time.
If the entrepreneur gets into a default of payment he has to pay interest on the debts at a amount of 8 percent over the basis interest rate from the corresponding point of time.
Opposing the entrepreneur we reserve the right to prove a higher damage caused by delay and to assert this claim.
3. Charging rights only apply to the buyer, when his counterclaims are legally binding, undisputed or approved by us.
Moreover, the buyer is entitled to exercise the right of retention as far as his counterclaim is based on the same contractual relationship.
§ 6 Supply, Dispatch, Transfer of Risks
1. Partial deliveries apply to liabilities, transfer of risks and warranties as independent supplies.
2. Shipping instructions for route and mode of transport will be determined by Pharma Index Ltd . The delivery item is sent in neutral shipping packaging.
3. If the buyer is an entrepreneur, the risk of loss or damage of the product supplied is transferred to the buyer, as soon as the consignment has been handed over to the forwarder, the carrier or the person guiding the transport or as soon as the consignment left the warehouse of the manufacturer for dispatch.
4. The customer (buyer) has to report obvious as well as transportation damages to the forwarder or carrier immediately. Afterwards the vendor has to be informed, in order to assert a claim.
5. If the buyer is a consumer, the risk of loss or damage of the product supplied is transferred as soon as the delivery of the product has been handed over to the buyer. This also applies if the product is being dispatched.
6. Default of acceptance by the buyer is equal to handover
§ 7 Warranty
1. With entrepreneurs we shall attend to complaints either by rework or replacement of the goods according our own choice.
2. If the buyer is a consumer the following procedure is agreed upon to eliminate the fault:
If the product value is below 300.00 EUR the consumer can require only replacement. If the value exceeds 300.00 EUR we are entitled to the right for rework within appropriate time. A rework period of 20 working days is considered to be appropriate. If the rework is economically not reasonable, the refulfilment via replacements comes into effect.
Alternatively for § 7 clause 2
If the buyer is a consumer, he then has the choice whether the refulfilment is to take place via rework or replacement. However, we are entitled to refuse the kind of the selected refulfilment if it is only connected with high costs whereas the other kind of the refulfilment remains without substantial disadvantages for the consumer.
3. If refulfilment fails, the customer is authorized to reduce the purchase price or to rescind the contract. In case of an only slight infringement of contract, above all in the case of minor defects, however the customer is not entitled to rescind the contract.
4. Entrepreneurs must advise us, in writing, of obvious defects within 2 weeks of receipt of the goods; otherwise the assertion of the warranty claim is impossible. To meet the deadline, punctual mailing should suffice. The entrepreneur will be required to substantiate all claims, and in particular to provide evidence of the defect itself, of the time when the defect was identified and of the notification having been sent in good time.
Consumers must notify us, in writing, of obvious defects within a period of 2 months after which the condition contrary to contract of the commodity was determined. To meet the deadline, punctual mailing should suffice.
If the consumer omits to notify us, guarantee claims will expire 2 months after the defect is identified. This does not apply in the event of malice aforethought of the part of the vendor. The consumer will be required to provide evidence of the time when the defect was identified. If the consumer was induced to purchase the product by inaccurate statements on the part of the manufacturer the consumer will be required to produce evidence of the reasons for his decision to purchase the product. Where used goods are concerned, the customer will be required to provide evidence of the defectiveness of the goods.
5. If the customer elects to withdraw from the contract owing to a defect of title or defect in the goods, where supplementary performance has not been successfully effected, the customer will have no additional claim for compensation in respect of the defect. If, after a failure to effect supplementary performance, the customer opts for compensation, the goods will remain with the customer, if the customer can reasonably be expected to accept this. The compensation will be limited to the difference between the purchase price and the value of the defective goods. This will not apply if we have caused the infringement of contract with malice aforethought.
6. For entrepreneurs the warranty period amounts to 1 year starting from delivery of the commodity. For consumers the period of limitation amounts to 2 years starting from delivery of the commodity. For used products the period of limitation is 1 year starting from delivery of the commodity. This does not apply, if the customer has not advised us the defect in due time (clause 4 of this regulation).
7. If the buyer is an entrepreneur, the agreed characteristics of the goods will, essentially, be deemed to be only those included in the manufacturer's product description. Public statements, promotion or advertising by the manufacturer do not represent any additional contractual indication of the characteristics of the goods.
8. If the customer receives defective instructions for erection, we will be obliged only to supply a set of instructions for erection, which are free of defects and then only if the instruction for erection is such as to impede correct erection.
9. The customer is not provided by us with warranties in the legal sense. Manufacturer warranties are not affected by this regulation.
§ 8 Limitations of Liability
1. As far as no willful violation of the contract can be accused, the compensation liability is limited to the typical contractually and predictable damage. This also applies to the infringement of obligations on the part of our legal representative or agents.
Opposing entrepreneurs we are not liable in case of easily negligent violation of minor contractual obligations.
2. The above limitations of liability do not relate to claims by the customer arising out of product liability. In addition, the limitations of liability do not apply to personal injury, damage to health or loss of life of the customer attributable to us.
3. Claims for damage of the customer due to a defect become time-barred after 1 year starting from delivery of the commodity. This does not apply, if we can be accused of fraudulent intent.
Alternatively for § 8 clause 3
Claims for damage of the customer because of a defect become time-barred after 1 year starting from delivery of the commodity. This does not apply, if we we can be accused for gross negligence, as well as in the case of personal injury, damage to health or with loss of the life of the customer attributable to us.
§ 9 Final Clauses
1. As far as the customer is merchant, legal entity of the public law or separate estate of the public law, the registered office of the manufacturer is exclusive jurisdiction for all disputes arising from the present contract. The same applies, if the customer does not have a jurisdiction in Germany or if the domicile is not known at the time of taking action.
2. If individual regulations of the contract with the customer including these general terms and conditions should be or become totally or partly ineffective then thereby the validity of the remaining regulations is not affected. Those partially or wholly ineffective regulation is to be replaced by a regulation, whose economic success comes close as possible to the ineffective regulation.
§ 10 Privacy Promise
1. In accordance with § 28 of the Federal Data Protection Act (FDPA) we point out that the data necessary to fulfil the business transaction is processed and stored by means of an EDP system in accordance with 33 (FDPA). It goes without saying that your personal data is treated confidentially.
Your credit card and/or your bank account are debited before the goods are ready for shipping.
P.P.A. Professional Pharma Assembly Ltd.
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