General Terms and Conditions of Sale, Delivery and Payment

1. Offers

Our offers are subject to confirmation.

Cost estimates for repairs are not binding.

2. Orders

Orders shall only be accepted by us, when they have been confirmed in writing or an invoice has been issued. For all orders, our General Terms and Conditions of Sale, Delivery and Payment shall be applicable for the duration of the business relationship. Deviating counter-terms of Purchaser shall only be valid, if they have expressly been acknowledged by in writing.

3. Delivery conditions

The lead times stated in the order confirmation are approximate and not binding for us. Partial deliveries are permitted. All deliveries, including partial deliveries, shall travel at the risk of the commercial Customer. Events of force majeure, strikes, shortage of raw materials, interruption of operations, war and other circumstances we are not to be held responsible for and they give us the right to delay execution of orders in whole or in part without the Purchaser having any entitlement to claims for damages.

4. Payment terms

Prices apply ex works, value-added tax, freight and packaging costs are excluded.

In the event that more than 4 months have passed between order placement and commencement of order execution, then – provided that new price lists have become effective in the meantime – the new prices shall apply to the order. However, Customer may rescind the contract by written notice to McLean REHAtechnik GmbH, when the new price has increased by more than 5 % compared to the old price. Rescission is excluded however, when McLean REHAtechnik GmbH have, immediately upon receipt of the letter of rescission, declared to Customer in writing, that they will fulfill the order under the old price list.

Our invoices are payable net, within the agreed payment time.

Should the payment time be exeeded, we will charge default interest in an amount which is in keeping with common bank practice, but not below 8 % above the basic interest rate.

Set-offs with counterclaims or retention of due invoice amounts shall only be permitted when the claim concerned is uncontested or acknowledged by us or if it has been determined by declaratory judgement..

In the event of payment default, we shall be entitled to reclaim the goods under reservation of title.

5. Reservation of title

The goods supplied shall remain our property until paid in full (all open invoices). In case of processing, reselling or encumbrance of the supplied item, the reservation of title shall continue in such a manner that any claim which the Customer and/or the Purchaser may have against the third party concerned will pass to us and/or will be considered as assigned to us upon its creation. If Customer and/or Purchaser combines the goods supplied under reservation of title with another item in such a manner, that both become essential components of a new, uniform item, then we shall acquire co-ownership in the new item commensurate to the value (invoiced price) of the supplied item.

The purchase price claim created when the combined item is resold, shall, in the amount of the value (invoiced price) of our co-ownership share, also be subjected to an assignment of future claims, in order to secure our claims.

Customer and/or Purchaser has the duty to inform us immediately of any agreements with third parties conflicting with the transfer of claim. When the goods supplied under reservation of title are resold, it shall not be permitted to conclude any agreements with the second purchaser to the effect that the purchase price claim due to him under the resale is not assignable or that it may only be assigned with consent of the second Purchaser.

Customer and/or Purchaser has to notify us without delay in the event of any attachment.

Customer and/or Purchaser shall pay all costs incurred by us on account of the resumption of possession of the property under reservation of title. Should we avail ourselves of our entitlement to return of property, we shall, Customer’s and/or Purchaser’s obligation to pay notwithstanding, have the right to exploit the purchased item plus accessories, possession of which was resumed by us, in the best possible manner by sale in the open market.