General terms and conditions of Bischoff & Bischoff Medizin- und Rehabilitationstechnik GmbH and its affiliated companies are hereinafter referred to as “B+B” independently of the user
§ 1 General / contractual basis
1. These terms and conditions of business and delivery apply to all business transactions between B+B and the customer. They can only be used in business transactions with companies. In the context of an ongoing business relationship, they apply to all future business, even if no express reference is made to them.
2. These terms and conditions of business and delivery finally regulate all business transactions between B+B and the customer. In particular, the customer’s general terms and conditions do not become part of the contract, regardless of whether they contain regulations that differ from or supplement these terms and conditions.
3. Changes to these terms and conditions of business and delivery will be communicated to the customer in writing. They are considered approved if the customer does not object in writing. B+B will draw his attention to this consequence in the announcement. The customer must send the objection to B+B within 6 weeks after notification of the changes.
4. As a manufacturer of medical products, B+B is subject to statutory regulations (e.g. Medical Device Regulation). The dealer (customer) undertakes to ensure the continuous traceability of the products to the user.
§ 2 Offer / conclusion of contract
1. The offers from B+B are non-binding.
2. Contracts come about through written order confirmation from B+B.
3. Individual agreements that are not made with the managing directors or authorized signatories of B+B are only binding for B+B if they are confirmed in writing. The powers of attorney of the employees of B+B are limited in this respect.
4. Demo goods will be made available up to a maximum of 14 days if required and available. Demo goods must be returned to B+B free of shipping costs and without damage within the above-mentioned period. If this is not done, the goods will be charged.
§ 3 Prices and terms of payment
1. The B+B price lists valid at the time the contract was concluded apply, plus the applicable sales tax.
2. The prices apply ex works excluding packaging.
3. Invoices are due without deduction within 25 days of the invoice date, unless the parties have agreed otherwise.
4. If direct debiting has been agreed, the customer assures that his specified account has sufficient funds. Any costs incurred in the event of non-payment of the direct debit will be passed on to the customer.
5. The agreed prices are due for payment without deduction when the goods are made available for collection by the customer and the invoice or other billing basis is handed over or sent. The same applies to partial deliveries.
6. If the prices agreed with a customer (excluding sales tax) from one or more orders exceed the total of € 15,000.00, B+B is entitled to charge half of the total plus the sales tax actually incurred before making the goods available for collection. If the customer does not pay after the invoice has been issued by B+B, B+B is entitled to withdraw from the contracts on which the total amount is based after unsuccessfully setting a deadline.
7. If after the conclusion of the contract there is a significant deterioration in the financial situation of the customer or if B+B only becomes aware of a previously occurred deterioration in the financial situation after the conclusion of the contract, B+B is entitled to demand advance payment or security at its own discretion without restrictions.
8. The customer can only offset against the claims of B+B or exercise a right of retention if the customer’s counterclaim is undisputed or a legally binding title exists.
9. In the event of default of payment, the outstanding amount in the amount of 8 percentage points above the base interest rate. The assertion of further damage by B+B is not excluded.
10. In the event of bankruptcy, any claims under any bonus or rebate agreement are void.
11. The customer bears the costs for transport insurance, handling costs and customs clearance.
12. Invoices are mainly sent electronically.
§ 4 Shipping / Passing of Risk
1. In the case of shipping at the customer’s request, the risk passes to the customer as soon as the goods have been delivered to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment. The customer bears all shipping costs.
2. If the shipment is delayed due to circumstances for which the customer is responsible, the risk is transferred to the customer from the day the goods are ready for shipment. B+B is obliged, at the request and expense of the customer, to take out the insurance that the customer requests.
3. Claims for damages from transport damage due to non-observance of packaging or transport instructions are excluded for slight negligence on the part of B+B.
4. In the event of damage to or loss of the goods, the customer must immediately arrange for the carrier to take stock of the facts.
5. The above also applies to partial deliveries.
§ 5 Delivery time / delivery date / shipping
1. The information provided by B+B about delivery periods and delivery dates is non-binding unless they have been agreed as binding.
2. If B+B is prevented from delivering due to force majeure, the delivery date is automatically extended by the duration of the force majeure plus a reasonable start-up time. Unforeseeable circumstances for which B+B is not responsible and which make delivery unreasonably difficult or impossible are equivalent to force majeure. Examples of this are official measures, labor disputes, significant destruction or other failures of the production facilities, lack of energy, serious transport disruptions, e.g. due to road blockades, industrial disputes in the transport industry, driving bans, etc.. If these circumstances last for more than three months, both B+B and the customer has the right to withdraw from the contract. This also applies if these circumstances occur with suppliers of B+B or their sub-suppliers.
3. In cases of force majeure and similar circumstances, which are unforeseeable and beyond the control of B+B, the customer is not entitled to any claims for damages.
4. If collection of the goods has been agreed with the customer and these are ready for dispatch, the customer is obliged to collect them within 5 days. If this does not happen, B+B is entitled to charge the customer for the additional costs for storage and provision.
5. Our prices are always ex works. If the order value (net) is less than EUR 250.00, we charge a logistics fee of EUR 8.80. If the order value (net) is less than EUR 150.00, we charge a logistics fee of EUR 14.80. If the order value (net) is less than EUR 25.00, we charge a flat-rate logistics fee of EUR 21.80.
6. In individual cases it is possible to take back goods that have already been delivered by the customer. We charge 25% of the value of the goods (net) for this. But at least EUR 15.-. In the case of special constructions or goods made for the customer, returns are excluded.
§ 6 Retention of title
1. The goods remain the property of B+B until all claims against the customer have been paid in full.
2. The customer may dispose of the reserved goods in the ordinary course of business, unless he is in default of payment or has stopped making payments. He may not pledge the reserved goods or assign them as security.
3. If the customer disposes of and/or processes the goods subject to retention of title, he assigns to B+B the rights to which he is entitled against his customers with all his ancillary rights, securities and retention of title until all outstanding claims of B+B have been settled away. B+B can demand that the customer informs its customers of the assignment and provides B+B with all the information and documents that are necessary for collection. The customer may collect the claims assigned to B+B as long as he is not in default of payment or has stopped making payments.
4. If the customer’s claims from the disposal and/or further processing of the reserved goods are included in a current account, the customer assigns to B+B his payment claim from the respective or the recognized balance in the amount of the claims therein from the disposal and/or further processing of reserved goods. If reserved goods are sold together with other products for a total price, the above assignment only applies to the invoice value of the reserved goods.
5. If the value of the goods subject to retention of title together with the securities otherwise granted to B+B exceeds B+B’s claim against the customer by more than 20%, then B+B is obliged to release them to the extent that the customer requests this.
6. The customer has to notify B+B immediately as soon as possible or object if goods subject to retention of title and other items or claims to which B+B is entitled are seized by third parties or there is reason to fear an impairment. The necessary documents must be attached to the notification. The customer must reimburse B+B for costs incurred by B+B as a result of such incidents.
§ 7 Warranty / Return / Recall
1. The warranty period for products supplied by Bischoff & Bischoff is 24 months from the date of purchase. The products are delivered free of manufacturing and material defects. If there is a proven material or manufacturing defect, defective parts will be replaced free of charge.
2. Warranty claims are void if repair or replacement of the product or part is required for the following reasons: a) Normal wear and tear, including the following parts in particular, if installed: batteries, carbon brushes, handles, armrests, upholstery, tires, brakes, caps, etc. b) Overloading of the product such as exceeding the maximum user weight or the payload. c) The product or part has not been cared for or maintained in accordance with the manufacturer’s operating instructions, care and hygiene instructions, or recommendations set out in the maintenance instructions. d) Non-original accessories have been used e) The product or part has been damaged by neglect, accident or misuse. f) Changes/modifications were made to the product or parts that deviate from the manufacturer’s specifications. g) Repairs were carried out before our customer service was informed of the situation in question. h) The delivered product was combined with a product from a third-party manufacturer without the third-party manufacturer declaring conformity for the combination of products.
3. The customer is obliged to inspect the delivered goods immediately for the presence of obvious or hidden defects.
4. Warranty claims for obvious defects only exist if they are reported to B+B in writing within one week of delivery. Warranty claims for hidden defects only exist if they are reported to B+B in writing within one week after the customer has discovered them.
5. In order to check warranty claims, B+B is entitled to request the defective goods from the customer. The customer sends the goods to B+B Freight free.
6. The customer cannot assert any rights due to an insignificant defect in the goods. In the case of defects that are not insignificant, B+B is entitled, at its own discretion, to repair the defective item or to replace it with a defect-free subsequent delivery; § 439 paragraph 3 BGB remains unaffected. The customer is entitled to choose to reduce the price or withdraw from the contract if subsequent performance fails.
7. The customer’s warranty claims become time-barred within 24 months.
8. If Section 478 of the German Civil Code (BGB) applies and a consumer/ultimate customer makes a claim for supplementary performance, the customer must immediately inform B+B of all the circumstances required for supplementary performance at the consumer/final customer. B+B is obliged within the scope of Section 439 (3) to fulfill the consumer’s/ultimate customer’s claim for supplementary performance. The customer is entitled to choose to reduce the price or to withdraw from the contract if subsequent performance by B+B towards the consumer/ultimate customer fails. For the rest, § 478 BGB remains unaffected.
9. If the goods are free of defects, B+B is not obliged to take them back. The return requires an agreement. § 2 of the terms and conditions of business and delivery applies. The costs for taking back series products are to be agreed. If serial product conversions are taken back (seat height conversions, installation of accessories, etc. at the customer’s request), the customer must pay 25% of the price ex works in accordance with Section 3 (2) of the Terms and Conditions of Business and Delivery. Custom-made products are excluded from return. In all cases of agreed return, the customer must hand over the defect-free goods free of charge to B+B at the factory or distribution center according to B+B’s instructions.
10. B+B is entitled, if necessary, to recall goods. In the case of a justified recall, the customer is obliged to inform B+B immediately of all the circumstances necessary to carry out the recall. The customer bears all transport and shipping costs required for the implementation of the recall.
11. Returns of goods are regulated via the B+B complaints process. Returns of goods are to be registered in advance via the B+B customer service and are only possible with a so-called RMA receipt. If goods are returned without an RMA receipt, acceptance of the goods will be refused.
12. Door parts that are repaired or exchanged within the scope of the warranty, the warranty is extended to the remaining warranty period for the product in accordance with Section 1.
13. Original spare parts installed at the customer’s expense are guaranteed for a period of 12 months after installation.
§ 8 Liability
1. Customer claims for damages are excluded. B+B is therefore not liable for damage that has not occurred to the delivery item itself; in particular, B+B is not liable for lost profits and other financial losses of the customer.
2. The exclusion of liability in accordance with paragraph 1 does not apply in the case of intentional and grossly negligent action, for claims arising from a guarantee, in the event of injury to life, body and health, for claims in accordance with Sections 1 and 4 of the Product Liability Act and for slightly negligent claims Violation of essential contractual obligations. In the event of a slightly negligent breach of essential contractual obligations, however, liability is limited to compensation for the typical damage that was foreseeable at the time the contract was concluded. The same applies to grossly negligent actions by simple vicarious agents.
3. Insofar as B+B’s liability is excluded or limited, this also applies to the personal liability of B+B’s employees, workers, employees, representatives and vicarious agents.
§ 9 Privacy Policy / Copyright
1. B+B is entitled to store and process personal data within the framework of business regulations, in particular the Federal Data Protection Act.
2. According to the data protection regulation, the dealer (customer) is obliged to obtain the user’s consent before sending the user data on order forms or commission orders.
3. We reserve all property rights and copyrights to illustrations, documents, drawings, calculations and other documents. This also applies to video and film recordings. Written approval from B+B is required for further use.
§ 10 Applicable law, place of performance, place of jurisdiction
1. The legal relationships between the parties are exclusively subject to German law to the exclusion of the UN Sales Convention.
2. Place of performance is Karlsbad.
3. For all legal disputes arising from the contractual relationship, the place of jurisdiction is determined by the company headquarters of B+B in Karlsbad if the customer is a merchant, a legal entity under public law or a special fund under public law. B+B is entitled to sue at the customer’s headquarters.
§ 11 Severability Clause
1. If, for any reason, the individual provisions of the above General Terms and Conditions are ineffective or non-binding, the validity and binding nature of the remaining provisions shall not be affected.
Subject to change, as of June 2022