General Terms and Conditions

1. Content of the contract

1.1       medTec Systems GmbH offers are non-binding. Orders shall only be executed in accordance with these General Terms and Conditions, even if no written order confirmations are issued. 

1.2       These General Terms and Conditions shall apply to the entire business relationship with the purchaser, even if they are no longer referred to in subsequent transactions.

1.3       Deviating contractual terms and conditions of the customer as well as deviating collateral agreements require written confirmation in order to be valid.

1.4       The customer may neither assign nor pledge contractual rights.

1.5       German law shall apply.

1.6       In the following, the terms buyer and purchaser are to be understood as the same. 

2. Contract conclusion

2.1       The product descriptions do not constitute binding offers, but are intended for the submission of a binding offer by the customer.

2.2       The contract is concluded subject to a condition precedent by the submission of a binding order. The following conditions lead to the conclusion of the contract.

a) We issue an order confirmation and invoice after the order has been placed.

b) The purchaser pays the purchase price into the account of medTec Systems GmbH. 

3. Delivery

3.1       All orders are only accepted subject to the possibility of delivery. In this respect, we undertake to inform the customer immediately of the non-availability and to reimburse any consideration paid without delay. Delivery periods shall only commence after final written confirmation of the order.

3.2       Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address specified by the Buyer.

3.3       If the delivery of the goods fails for reasons for which the Buyer is responsible, the Buyer shall bear the costs incurred by us as a result. 

3.4       The risk of accidental loss and accidental deterioration of the goods sold shall pass to the Buyer upon delivery.

4. Payment processing

4.1 The Buyer shall receive an invoice with the order confirmation.

4.2 Payment must be made to the account at

Sparkasse Mainfranken Würzburg, Germany

IBAN: DE56 7905 0000 0550 1099 95

BIC: BYLADEM1SWU

5. Warranty

5.1       The customer can only assert claims due to an obvious defect within a preclusion period of two weeks after receipt of the goods. All defects must be reported to us in writing immediately after discovery.

5.2       In the event of a warranty claim, we shall, at our discretion, collect the goods free of charge and carriage paid from the contractual place of delivery and provide a replacement in return for the return of the defective goods. Replaced goods shall become our property. If the replacement delivery fails, the customer is entitled to demand cancellation of the contract.

There is no further liability for damages unless these are attributable to our grossly negligent or wilful behaviour.

5.3       If damage is detected on arrival of the consignment, the recipient must have this confirmed immediately on the consignment note.

5.4       No warranty is accepted for damage caused by the following reasons: unsuitable or improper use, natural wear and tear, incorrect or negligent handling.

5.5       The limitation period for defects is one year from delivery of the goods.

5.6       In addition, the statutory limitation periods for the right of recourse according to § 445b BGB remain unaffected.       

5.7       If the Buyer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he shall be subject to the commercial obligation to inspect and give notice of defects pursuant to § 377 HGB. If the Buyer fails to fulfil the notification obligations regulated therein, the goods shall be deemed approved.

6. Place of fulfilment and jurisdiction

The place of fulfilment for all obligations arising from delivery relationships is our registered office, medTec Systems GmbH, Plan 6, 97286 Sommerhausen, Germany, unless expressly agreed otherwise in writing; the place of jurisdiction is the Würzburg Local Court or the Würzburg Regional Court.

7. Salvatory clause

Should one or more of the above provisions be invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that comes as close as possible to the intention of the parties. Should no agreement be reached, the statutory provisions shall apply.