Terms of delivery and payment of the CIM med GmbH


1. General
All our deliveries and services shall be subject exclusively to the following terms of delivery and payment. Purchase conditions of our customers with different wording shall not apply unless expressly accepted by us in writing. No oral agreement of any kind shall have force of law. All orders shall be subject to written confirmation by us.

2. Prices and Terms of Payment
Our prices shall be understood ex works, in EUR, net of the statutory applicable rate of VAT. Freight and packaging costs will be charged separately. Packaging material may be returned in case of franco domicile deliveries. All price scales specify net prices and apply exclusively to the items identified in the product catalogue by the order number. We will submit separate quotations for modified items. Prices may be subject to alteration. The prices stated in the order confirmation or the invoice shall be applicable at all times.
The minimum net order value shall be 200 EUR. Orders amounting to less this net value will be subject to an additional charge of 30 EUR to cover administrative costs.
Pursuant to articles 352 and 353 of the German Commercial Code (HGB) any delay in payment will be subject to interest at a rate of 5 %, effective from the date on which payment falls due. Following a payment reminder we will charge interest on arrears on a rate of 6 % above the current discount rate. Compensation may be claimed for any additional damages arising from delayed performance. Our customers may not claim any right to refuse performance. They shall only be entitled to offset any payment due against an undisputed or legally established claim. Our claims, including those against which respite has been granted, shall fall due immediately in the event of default, financial difficulties or the initiation of bankruptcy or composition proceedings.
In the case of orders with a net value of more than 10’000 EUR we shall be entitled to claim on the basis of the following payment terms: 1/3 payment on account after order confirmation, 1/3 payment on account when logistic readiness for delivery is notified, 1/3 payment after delivery is effected.

3. Delivery
Delivery dates quoted by us will be adhered to as far as possible, but shall not be binding on us. In the case of delays in delivery of up to 3 weeks, the customer shall have no claim to a reduction in price or to compensation. Our obligation to deliver shall not commence until the customer has fulfilled his or her contractual obligation.
In the event of force majeure, strikes, shortage of material or plant interruptions of any kind, we shall be released from our delivery obligations throughout the duration of the effects caused by such event or we may withdraw from the contract in full or in part. Tolerances in dimensions, weight and performance are permissible and we reserve the right to effect model changes or technical modifications.
Tolerance in quantity is permitted +/- 5 %. Unless otherwise stated, consignment shall be effected by a forwarding agent commissioned by us, by post or by parcel service, depending on the size and the weight of the consignment. In the event of consignment being deferred at the customer’s request, the customer shall bear the costs of storage amounting to a minimum of 5 % of the invoice amount for every month or fraction of month. Cancellation of order including part cancellation of an order requires our express written consent. We reserve the right to claim for any resulting damages and at least 20 % of the value of the ordered items.

4. Passage of Risk and Acceptance of Goods
The risk shall pass to the customer at the point in time when the consignment leaves our premises. This shall also apply to franco domicile deliveries and in the event of delays in logistic readiness for shipment which is beyond our control. We shall conclude transport insurance on behalf of our customer for all consignments and on the customer’s account. The customer shall be obliged to accept any goods delivered and this obligation shall also apply in the case of part delivery.

5. Return Deliveries
Return deliveries can only be accepted within 14 days after delivery in unused condition and with our prior consent, irrespective of the reason for return. The items must be returned in original packaging and provided with a waybill stating: The reason for their return. The name of the employee authorizing the return delivery.  The Return Material Authorization number/RMA-No (Issued upon request by CIM med GmbH). The consignment number. The article number. The delivery date and if necessary, the invoice number.
If items are returned or exchanged for reasons beyond our control, we shall be entitled to charge 20% of the value of the items to cover the costs of the return or exchange. Items made to order, or items that are modified or damaged may not be returned or exchanged. Shipment costs are to be borne by the party returning the goods.

6. Warranty
We guarantee our goods against material defects or faulty workmanship for a 5-year warranty for all arms and two years for all cart products and accessory products. Warranty shall commence on delivery to the customer. The warranty shall only apply to the customer. The customer shall immediately report any identifiable defects without delay on receipt of the consignment. Warranty claims are restricted to a right to rectification of defects, replacement of defective items or reduction of the purchase price, at our discretion. If the repair or replacement of the defective items is not successful, the customer shall be entitled to demand the cancellation of the sale or a reduction of the purchase price.
The above warranty provisions shall apply in lieu of any other obligation or liability on our part. The warranty shall be excluded in the event that the customer or a third party acting on the customer’s behalf carries out modifications of any kind or effects repairs on the items without prior authorization. We shall assume no liability for any consequential damages. Claims for compensation shall be excluded, regardless of their nature and legal basis. This exclusion of liability shall not apply in the absence of warranted attributes, in the event of liability pursuant to the Product Liability Law or in the event of intent or gross negligence on our part or on the part of our legal representatives, officers or persons employed by us to perform our obligations.
Any transfer by the customer to his or her rights arising from contracts concluded with us shall be subject to our consent.

7. Reservation of Ownership
The delivered items shall remain our property until payment of the purchase price has been received in full and until all past or future accounts receivable arising within the business relationship have been paid. Until such time as all payments have been made, the customer shall not pledge the items to third parties or transfer ownership of the items by way of security. If the customer processes the items or converts them into products we shall be deemed the manufacturer and shall acquire title to the intermediate or final products in proportion to the value of our consignment.

8. Place of Jurisdiction, Place of Fulfilment and Applicable Law
The place of jurisdiction and the place of fulfilment shall be Munich. The applicable law shall be the law of the Federal Republic of Germany.


Status: November 22, 2016