The following terms and conditions are applicable to all deliveries and performance.
other conditions are unapplicable even if we have not expressly objected
to them. in case the customer uses general terms and conditions too, only the
not contradictory terms of both parties are applicable, for the rest individual agreements
or statues are applicable.
Our offers are not-binding.
1. Relevant for the order is our written order confirmation. the order is considered
to be accepeted not until before it is confirmed in written or delivery takes place.
2. Additional agreements are effective not until being confirmed in written.
3. We expressly reserve the right to make changes in the products due to technical
progress or because they become necessary because of technical difficulties.
1. The price in our offer is subject to the condition that there have not been
changes in the positions which form the basis of our offer. If the customer wants
supplementary changes this will result in additional costs. The prices are quoted
ex works. postage, transportation charges and other forwarding charges, package
and isurance are not included. Unless we have agreed on a fixed price, the list
price on the date of delivery is relevant.
2. Advice for custom-made products caused by the customer is charged seperately,
even if the order is not placed in the end.
V. Payment terms
1. Payments are to be made in euro.
2. Payment is to be made on delivery or C.O.D, strictly net. We reserve the
right to make other agreements with customers in individual cases.
3. In case there is a complaint the customer is allowed to withhold payment only if we
have acknowkledged the complaint or there is a gross breach of duty on our side.
4. If we find that there is considearble reasonable doubt in the credit worthiness
of the customer or the customer does not follow our general terms and
conditions we can demand an advance payment that exceeds the installments
in section 5 number 1. Goods that still have not been paid can be returned at the
VI. Terms of delivery
1. Delivery dates refer to the time of delivery ex works. They are only approximate.
delivery dates are binding only if they have beed expressly agreed on, they are not
binding until the details of the order are completely clear.
2. There is a reasonable extension of the term if there is a strike or an unpredictable
incident such as a traffic block, state of emergency, official decree, lack of
goods, interruption of operations or shortage of material at VAKUFORM or one of
its suppliers unless VAKUFORM can be hold responsible for this incident.
3. If the Customer cancels the purchse or if he doesn not fetch the goods despite
a warning of VAKUFORM and a time limit of 2 weeks, VAKUFORM is entitled to
a lump-sum compensation of 30 percent of the gross price of the goods without
any further proof of the facts unless the customer can proof that the actual loss or
decrease in value was lower.
4. The customer is not entitled to compensation for delay in performance or nonperformance.
VII. Passing of risk
1. Any delivery, even the carrige paid delivery is at the customers risk. The risk
passes at the moment we provide the goods for the carrier, forwarder or other
person to fetch.
VIII. Retentions of title
1. We only deliver subject to retention of title and we stay owner of the goods until
any claim or side-claim has been paid.
2. The customer is entitled to use and sell the reserved goods in the usual course
of business unless he is in default of payment. The customer is not allowed to
pawn the goods or to sell them by way of security. The customer assigns all the
claims arising from the sell of the reserved goods or any other legal cause regarding
those goods (insurance, tort) including outstanding balance claim by way of
security at this moment already. VAKUFORM revocably authorises the customer
to collect the assigned claims in his own name. This authorisation automatically
terminates if the customer is in delay of payment, however it terminates the latest
30 days after issuing of our invoice.
IX. Liability for defects
1. The liability for defects for the delivery of moveable objects is according to the
regulations in the german civil code and the German commercial code.
2. The determination of apparent defects must be reported to VAKUFORM at latest
within 10 days of receipt of delivery. VAKUFORM has by its own choice either to replace defect parts or to deliver new parts free of charge but only if these parts
are defect becasue of circumstances before the moment of passing of risk. The
replaced parts become property of VAKUFORM.
3. There is a time limitation of 1 year from the date of delivery for defect removal
liability. This short statute of limitation does not apply if there has been gross negligence
on our side. These general terms and conditions also do not affect liability
according to the Product Liability Act.
4. There is no liability for the following causes of defects: natural detorioration,
wrong or careless use, non-observance of the directions for use.
5. If there are defects VAKUFORM can choose between repairing the product or
delivering a new product. For the removal of defects the customer has to agree
on a period of at least 4 weeks, otherwise VAKUFORM is not liable for any damages
causing from this. The customer has to give VAKUFORM enough time to
remove the defects (at least 4 weeks). Otherwise we get free of our obligation
to remove the defects. If our customer or third parties make any changes in the
product without our prior consent we get free of our obligation.
6. If VAKUFORM seriously and definitely denies performance of the contract
without existence of an exceptional case in terms of the law or if VAKUFORM
denies the removal of a defect and new delivery because of unreasonable costs
or if the removal of the defect fails twice or is unacceptable for the customer, the
customer can only demand either reduction of the purchase price or cancellation
of the contract and compensation instead of performance within the scope of
the limitations of liability. If there is only a minor breach of contract, esp. a minor
defect, the customer is not entitled to a cancellation of the contract, but only
to a reduction of the puchas price. I all other cases the right of reduction of the
purchase price is excluded.
7. If the removal of the defect or a new delivery fails and the customer demands
cansellation of the contract he is not entitled to a compensation because of the
defect on top of that.
8. If VAKUFORM delivers new parts to the customer and there are claims on
the customer by his own customers, who are either consumer in terms of §
13 of the german civil code or customer on whom there are claims because
of defects by their own customers in terms of § 478 of the german civil code,
VAKUFORM is – and only if VAKUFORMs customer has fulfilled his obligation
to report the defect in terms of the german commercial code- liable for the
expenses of the customer only according to the following provisions:
a) VAKUFORM commits itself to immediately report the demand of the consumer
for removal of the defect, which was reported to VAKUFORM by its
customer, to VAKUFORMs supplier for removal of the defect and assigns its
claims against its supplier in the terms of § 478, 479 of the german civil code to
its customers at this moments already and the customer accepts this assignment.
The right of the customer to cancel the contract is excluded.
b) If the enforcement of this assigned claims fails or VAKUFORM itself is the
manufacturer of the defect goods, it remains as it is stated in the statutes with
the exception, that the customer can only demand compensation for those expenses
he had with regard to section IX of these general terms and conditions.
9. If there is only slight negligence on the side of VAKUFORM or its legal representatives
or assistants in performance, the liability is limited to the predictable,
contract-typical, direct average damage taking into account the type of goods,
services or work. Claims for damages, regardless on which legal reason they
are based, even because of breach of duty at the moment of conclusion of the
contract or breach of contract during performance or tort (§ 823 german civil
code) against VAKUFORM, its assistants in performance or helpers are – as far
as possible in terms of the statutes – excluded.
For damages which have not occured to the goods or services which VAKUFORM
has delivered or for damages resulting from gross negligence of VAKUFORM
or from intentional or gross negligent breach of duty of its legal representatives
or assistants in performance. VAKUFORM is liable only up to the amount of
the delivered goods, unless there is a culpable harm of life, body or health of the
customer by VAKUFORM, its legal representatives or assistants in performance.
10. The use and converting of the purchased goods is on the risk of the buyer, the
instuctions given in spoken word, in written and pictures is just an advice without
any responsibility, also with reagard to possible industrial property rights of third
parties and does not set the customer free from his duty to check if the products
are suitable for the intended operation and purpose. However should a liability
of VAKUFORM come into question, it is limited to the amount of the delivered
11. Informations regarding the products are general informations, which must not
be seen as a n alternative to an individual therapie or medical examination by a
doctor or alternative practioner, in case these information refer to health issues.
The customer is obliged to check the goods with regard to his individual requirements.
None of the products we offer must be understood as remedies. We are
not liable for any damage resulting from a false appliance. As a matter of course
the individual compatibility also can not be guaranteed.
12. Only the description of the manufacturer is hold to be agrreed on as to the
condition of the goods. Public comments or sales promotion of the manufacturer
are not hold to be agrred on as condition of the products.
X. Place of delivery, jurisdiction, other provisions
The place of jurisdiction is our domicile for all disputes arising from the contract.
Only german law is applicable. In case any of the provisions of these general terms
and conditions is void, this does not affect the validity of the other provisions,
especially not the fact that the other party remains binded by the contract.