1) Scope

The following conditions apply to all sales contracts concluded with us (BRIEGELDENTAL) and to all products distributed by us within Germany. Foreign business is subject to our separate export terms and conditions.

 

2) Contract conclusion

The customer is bound to his order for 8 weeks. The purchase contract is concluded exclusively by our written order confirmation or by our dispatch of the ordered goods.
The customer agrees that we inquire about his economic conditions and his creditworthiness in an economic information. In the event of a negative result of the credit check, we reserve the right to not fulfil the order.
Orders with a delivery address outside Germany must in any case be confirmed in writing by us.

 

3) Prices

All prices stated in our documents are subject to change and are in Euros (€), net and plus the applicable statutory VAT. With the publication of a new catalogue or price list, all previous catalogues and price lists will cease to be valid. In the case of alloys, price adjustments may occur due to price increases in individual components. We must reserve the right to make mistakes and misprints.

 

4) Freight and transport insurance

As a customer, please note that deliveries by a forwarding agent are usually subject to the “General German Freight Forwarding Conditions”. For you, this means, for example, that deliveries are only brought to the first closed door of the building, provided that there is the possibility of pallet delivery. Otherwise, the goods will only be delivered to the curb.

 

5) Shipping / Transfer of Risk

Shipping is at the risk of the customer. We can choose the shipping method freely. Upon handing over the goods to the forwarding agent, the risk passes to the customer. On request and against reimbursement of the additional costs by the customer, we ensure special shipping methods (e.g. express delivery) or carry out partial deliveries.

 

6) Delivery time

Unless otherwise stated in the catalogue, in product descriptions or in the price list, the delivery time is 4 – 5 working days from the time we have all required order documents (e.g. correct company name and address of the customer as well as fully completed and legally signed direct debit order).
In cases of force majeure or inculplyoperating work on our site, the delivery time will be extended accordingly for the duration of the disruption. In this case, however, the customer is entitled to withdraw from the contract with a notice period of 2 weeks. However, no further damages will be paid in such cases.

 

7) Payment

Our invoices are due for payment immediately purely net. The invoice amounts will be collected by us by direct debit order from the customer’s account on the expected delivery date. If the goods are only received by the customer after the invoice amount has been debited, the customer shall not be entitled to this, unless there are more than 7 working days between debit and delivery. In this case, from the 8th working day after debiting up to the date of delivery of the goods, the customer is entitled to interest, which is calculated with the current key interest rate of the European Central Bank (ECB) day-accurately and is refunded to the customer immediately.
The above-mentioned payment terms (immediately purely net) and payment method (direct debit) are unconditional prerequisites for an order confirmation or delivery by us. Any individual individual agreements that deviate from this principle shall only apply if we have confirmed these in writing to the customer prior to the respective order.
The customer can only offset against such counterclaims that are undisputed and/or legally binding.
Payment of our invoice shall be deemed to have taken place if and as soon as the amount due has been irrevocably credited to one of our accounts.
Default interest is 6 above the ECB’s key interest rate, and the reminder fee is €10 per reminder. The customer accepts that he will no longer be supplied until all invoice amounts due have been paid in full and that all other invoice amounts will be due immediately in the event of a delay in the invoice amount.

 

8) Notification of defects

Complaints to the delivered goods must be notified to us in writing no later than 10 days after receipt of the goods, whereby deviations, which are customary in the trade or industry, as well as minor or technically unavoidable deviations, are not grounds for complaint. In the event of justified complaints, we are free to decide whether to rectify or provide replacements. Defects that have arisen as a result of frost do not regularly trigger any warranty obligation by us.

 

9) Right of return / exchange

Since we do not supply private end users, we are not subject to the Distance Delivery Act. Nevertheless, we agree to exchange or take back delivered goods under certain circumstances.
Consumables may be returned to us by the customer within 10 days of receipt at his own expense if he informs us in writing of the reason for the return and if it is ensured that the materials are originally packaged, completely intact, in particular not opened, not glued, not labeled or otherwise tampered with. The return must also be enclosed with a copy of our invoice or delivery note. For trades in other materials, we charge a handling fee of 5, provided that this is a mis-order by the customer and not a misdelivery by us. If the customer does not want a replacement delivery of the same value, but a credit to his account, we will charge a processing fee of 20 of the original invoice amount.
Instruments, equipment and equipment will only be exchanged or taken back if we have previously agreed to the return in writing. Other mandatory requirements are that the products are in their original packaging, that the packaging is not damaged, glued or labelled and that the products have not been put into operation. Under these conditions, our processing fee for the return of the customer is 10 of the invoice amount. Devices, instruments and apparatus that have been put into operation or whose packaging is damaged are generally excluded from exchange. The same applies to special orders, custom-made units as well as to used units designated as used.
Medical devices: Medical devices are excluded from exchange and return. (according to AMG)

 

10) Warranty

We do not guarantee used products. Our warranty for brand new products provides that we will either repair products that exhibit material or manufacturing defects at the time of the transfer of risk within our normal working hours at our discretion or replace them with faultless products. The warranty period granted by us is calculated for 1 year from the date of the transfer of risk. If and to the extent that one of our suppliers grants us a longer warranty period, we shall extend our period accordingly to the customer. The customer is obliged to inform us immediately after receipt of the delivery about all material, delivery and manufacturing defects as well as transport damage. In the event of a failed rectification or replacement delivery, the customer may, at his option, either demand that the price be reduced accordingly or that the contract be cancelled. Further warranties are excluded, unless we must be liable (e.g. in case of intent, gross negligence or a guarantee).

 

11) Compensation / Withdrawal / Delay

If we do not comply with an agreed delivery period and if the customer suffers damage as a result of this non-compliance, he may demand compensation for delay from us. This amounts to 0.5 % for each completed week up to the maximum total amount of 5.0 % of the value of that part of the delivery, which cannot be used due to our delay. The legal right of withdrawal of the customer remains unaffected by this.
In the event of impossibility caused by us, the customer is entitled to claim damages or to withdraw from the contract. Compensation amounts to a maximum of 5.0 % of the value of that part of the delivery, which cannot be used due to impossibility of performance.
Further claims for damages by the customer, regardless of the legal reason, are excluded. This does not apply to the extent that we must be liable due to statutory provisions (e.g. product liability).
If the customer unjustifiably refuses to fulfil the contract, we shall be entitled to claim damages in the amount of 30 percent of the order value after an unsuccessful setting of a grace period, unless the customer proves us with a significantly lower damage.

 

12) Retention of title

The delivered products (goods subject to retention of title) remain our property until they are paid in full. Prior to this, both resale and pledging and transfer of security are prohibited. The customer shall bear any costs incurred by the customer in asserting and enforcing our property rights. If the customer is in default with his payment obligations towards us, we are entitled to demand the return of the reserved goods without prior notice.

 

13) Place of performance / place of jurisdiction

Place of performance and place of jurisdiction for all services arising from contracts concluded with us is the registered office of BioPlaster.

 

14) Final provisions

Ancillary agreements must be made in writing in order to be effective. Any general terms and conditions of purchase of the customer shall only be deemed to have been agreed upon if we have agreed to this in writing before processing the order.
The law of the Federal Republic of Germany applies exclusively to all contracts concluded with us, subject to any overarching standards of European law. In particular, the provisions of private international law are explicitly excluded.

Should individual provisions of the above provisions be ineffective, the validity of the remaining provisions shall not be affected. The invalid provisions shall be replaced by those that come closest to the economic purpose of the ineffective one.

Copyright © 2008 BRIEGELDENTAL

 

All rights reserved

All data within this domain/page is protected by copyright and may not be used without the consent of the rights holders. Links to this site may only be made to the home page, the reproduction of contained information – with the exception of press releases and data/images provided therein – within other sites or media is not permitted.

 

Disclaimer

The publisher /authors do not assume any liability for the topicality, correctness, completeness or quality of the information provided. Liability claims against the publisher/ the authors, which relate to material or non-material damage caused by the use or non-use of the information provided or by the use of incorrect and incomplete information, are generally excluded, provided that there is no demonstrable intentional or grossly negligent fault on the part of the publisher/ the authors. Price changes and errors are expressly reserved.
If reference is made directly or indirectly to reference targets (“links”) that lie outside the responsibility of the publisher/authors, they shall only be liable if they were aware of the contents and it would be technically possible and reasonable for them to prevent the use in the case of illegal content. The provider of these pages is solely liable for any further content and in particular for damages resulting from the use or non-use of such information, not the one who merely refers to the respective publication via links. This disclaimer is to be regarded as part of the internet offer of this site. If parts or individual formulations of this text do not, no longer or not completely comply with the applicable legal situation, the remaining parts of the document remain unaffected in their content and validity.

 

Privacy

Personal information

Normally, you can access our websites without giving any information about yourself. However, in some cases, we may need information from you, for example to correspond with you, to execute an order, to process a subscription, or when you apply for a job advertisement. We may involve third parties to complete a transaction or to provide a better service.

 

Use of your data

• To execute your requirements by us or by third parties involved in order processing.
• To contact you as part of a customer satisfaction survey or for market research purposes or in connection with a transaction.
• For marketing purposes by BioPlaster and selected third parties, if you have agreed that your data may be used for such purposes.
• As anonymous information for analysis (e.g. click stream data).
• To expand business relationships if you are a BioPlaster Business Partner or supplier.

 

Your choices

• When we collect information from you, you may ask us not to use that information for further marketing contacts. We will respect this wish.
• You can disable cookies in your browser.

 

Contact

Questions about this statement or how BRIEGELDENTAL handles your data can be sent to the following address:

BRIEGELDENTAL, Rudolf-Diesel-Ring 12, 82054 Sauerlach