I. Scope

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.


II. Offers

Our offers are not-binding.


III. Orders

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.


IV. Costs

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

customers expense.


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.