GENERAL TERMS AND CONDITIONS
These General Conditions of Sale come into force with effect from 01.01.2006, and supersede our previously valid General Conditions of Sale. Our deliveries, services and offerings are based exclusively on these General Terms & Conditions. They also apply for future business relations even if they are not expressly agreed again. Deviations, especially the validity of purchasing regulations of the buyer, shall require our express acknowledgement in writing and will otherwise be opposed. Our offers are not binding and verbal collateral agreements shall only be binding for us if we confirm them in writing or if we honour them by sending the goods.
Our list prices are net subject to change without notice and apply only for domestic demand. The prices valid on the day of delivery are always invoiced.
We deliver free of charge to the buyer's address using the most favourable method of shipment at our discretion. Extra costs will be charged in case of special wishes. All consignments are transported at the cost and risk of the buyer. Delivery is deemed to be fulfilled as soon as the goods have been handed over properly to the post office or parcel delivery service. Orders are generally carried out without delay. If prompt delivery of the complete order is not possible in an individual case we reserve the right to make partial deliveries. A fixed delivery time is only deemed to be binding if it is agreed in writing. We are discharged from the obligation to deliver if our supplier does not supply on time or does not supply at all. We are under no obligation to cover our requirements from a third part supplier. Cases of force majeure - these are incidents that cannot be prevented with prudent business management - shall suspend the contractual obligations of the parties for the duration of the disturbance and to the extent of its impact. If delays arising from this exceed a period of 6 weeks, both contractual parties shall be entitled to withdraw from the contract with respect to the scope of performance concerned. No other claims shall exist. In case of failure to comply with our payment conditions our obligation to deliver shall be suspended.
Individual or monthly collective invoices are due and payable within 14 days after the date of the invoice without any deduction unless agreement is made to the contrary. If the payment deadline is exceeded, interest at the normal bank borrowing rate, but at least 4% above the discount rate and €2.50 dunning costs will be charged. The right to enforce claims for further damage is reserved. A payment shall not be deemed to have been made until the amount is at our disposal. Payments will be offset first against the costs, then against the interest and finally against the main performance itself. We reserve the right in individual cases to make delivery on a cash on delivery basis or against prepayment. The buyer is entitled to offset or withhold payment only in the case of uncontested or legally established claims.
5. RESERVATION OF OWNERSHIP
The sold goods shall remain our property until payment of our claims arising from the business relationship. The buyer is entitled to dispose freely of the purchased goods in the ordinary course of business. The buyer shall assign to us immediately as security the claims against third parties arising from the resale in their entirety or in proportion to our co-ownership.
Our medicinal preparations may only be offered for sale or sold in the unaltered original pack and not in partial amounts. The alternatives available under §31 Apothekenbetriebsordnung (Rules Governing the Operation of Pharmacies) shall remain unaffected by this. Direct or indirect resale to wholesalers or abroad including free port areas in as far as legally permissible is forbidden.
The buyer must check the goods immediately on receipt otherwise the goods are deemed to be approved. Complaints will only be considered if they are lodged in writing within 2 working days of receipt of the goods enclosing supporting evidence, or in the case of hidden flaws after their discovery. Our warranty is restricted to return against delivery of fault-free goods. If we have not supplied a replacement delivery within 3 weeks of the buyer requesting replacement, the buyer shall be entitled to cancellation of the sale or reduction of the purchase price at his discretion. Goods which are the object of complaint may only be sent back with our express consent.
Properly delivered goods will only be taken back or exchanged after previous agreement. We reserve the right to destroy goods sent back unsolicited without replacing them. Otherwise our separate regulations for returns shall apply.
9. DATA STORAGE
Customer data will be stored and processed electronically in as far as this is necessary for business purposes and permissible under the BDSG (German Data Protection Act).
10. PLACE OF PERFORMANCE AND JURISDICTION
Place of performance for goods deliveries, payments, and other contractual services is Hamburg. The court in Hamburg shall have jurisdiction, including actions arising from bills of exchange or cheques.
Municipal court, Commercial Register Hamburg: HRB 66510
Only the latest list of products and services shall be valid.