1.Scope

Our offer is aimed exclusively at specialist groups. Our terms and conditions apply exclusively to all current and future deliveries of goods and services that we provide to the customer. If products are to be permanently connected to a building or its line-bound facilities, our general assembly conditions also apply.

2.Conclusion of contract

The customer is bound to his order for 4 weeks. The purchase contract only comes into effect through our written order confirmation or fulfillment. The customer agrees that we can obtain information about the customer’s economic circumstances and creditworthiness from a business detective agency. If the credit check is negative, we reserve the right not to fulfill the order.

3.Prices

3.1 All prices quoted are non-binding and are in € net plus the applicable VAT. Our prices valid on the day of delivery or service apply.

3.2 For orders with a goods value of up to EUR 150.00 net and deliveries abroad (regardless of the goods value), we charge postage and shipping costs as well as customs duties in the amount actually incurred.

3.3 Packaging and loading costs as well as the costs of insurance for the deliveries (handling fee) are billed monthly as a flat rate.

4.Dispatch, Passing of Risk

Shipping is at the risk of the customer. The shipping method is left to us. The risk passes to the customer when the goods are handed over to the forwarding agent. At the request of the customer and against reimbursement of the additional costs, we also carry out special types of shipping (e.g. express transport) or partial deliveries.

5.Payments

5.1 Our invoices are due immediately unless otherwise agreed. Our invoices for consumables as well as for instruments, teeth and technical services are payable within 8 days of the invoice date without deduction. Payment is deemed to have been made when it is received in one of our accounts.

5.2 Alternatively, the customer can give us a SEPA direct debit mandate. The period for the advance notice (pre-notification) is reduced to 1 day. The customer must ensure that the account has sufficient funds. Costs incurred as a result of non-redemption or reverse booking of the direct debit shall be borne by the customer if the customer is responsible for the non-redemption or reverse booking of the direct debit.

5.3 The customer can only offset claims that are undisputed or legally binding.

5.4 If the customer is in default with the fulfillment of an obligation incumbent on him (e.g. timely fulfillment of the on-site requirements, acceptance of the delivery), the purchase price not yet due at this point in time becomes due for payment no later than 30 days after our notification of readiness for dispatch .

5.5 If the customer is in default of payment, we are entitled to demand default interest and, if necessary, compensation for further default damage.

6.Return Policy

For consumables, the customer has a right of return within 14 days for goods delivered by us. The prerequisite for this is that the goods are returned in their original packaging, not labeled and not pasted, stating the reason for the return and enclosing a copy of the delivery note. If the copy of the delivery note is missing, processing fees will be charged. According to the AMG, pharmaceutical preparations are excluded from the right of exchange and return.

7.Installation, connection, commissioning

The products are set up, connected and put into operation by our specialist staff. These services and any legally required acceptance tests will be charged separately. Any necessary construction and installation work (in particular laying the necessary lines for water supply and drainage, air, electricity and gas) are not part of our services. After handover, our staff instructs the customer or the persons named by him in the proper handling of the products.

8.Warranties

8.1 Unless otherwise specified in the following, we guarantee the brand-new products delivered by us in such a way that we repair the products that have material or manufacturing defects at the time of the transfer of risk within our usual working hours at our discretion free of charge set or replace them with flawless products. The period of limitation for the warranty claim (warranty period) is 1 year from the day of the transfer of risk.

8.2 Hardware/IT systems: Defective hardware is to be sent “carriage paid” to the responsible depot. In the case of on-site service, the additional costs (e.g. travel, working hours) are to be borne by the customer.

8.3 The customer is obliged to notify us of any material, delivery or manufacturing defects as well as transport damage immediately after delivery.

8.4 In the event of unsuccessful rectification or replacement delivery, the customer can, at his option, demand that the price be reduced or the contract be cancelled.

8.5 We do not guarantee used products. This does not apply to recycled, quality-assured products that flow back into the material cycle for reasons of environmental protection and are equivalent to brand-new products.

8.6 Further guarantees are excluded. This does not apply in the case of culpable breaches of duty that lead to injury to life, limb or health or to damage due to grossly negligent breach of duty.

9.Damages, Withdrawal

9.1 In the event of non-compliance with an agreed delivery period for which we are responsible, the customer may, if and insofar as he has suffered damage as a result of non-compliance with the delivery period, be entitled to compensation for each completed week of delay of 0.5 per cent. H. up to a total of 5% H. of the value of that part of the delivery that cannot be used due to the delay. The statutory rights of withdrawal remain unaffected.

9.2 In the event of impossibility for which we are responsible, the customer is entitled to withdraw from the contract or to demand compensation. The claim for damages is limited to 5%. H. the value of that part of the delivery that cannot be used due to the impossibility of performance.

9.3 Further claims for damages by the customer, regardless of the legal reason, are excluded. This does not apply if e.g. B. in the case of personal injury or damage to privately used items, liability is mandatory under the Product Liability Act or in cases of intent and gross negligence.

9.4 If the customer unjustifiably refuses to fulfill the contract, we are entitled, after unsuccessfully setting a grace period, to demand lump-sum compensation for non-performance in the amount of 30%. H. of the order value, unless the customer can prove that the actual damage was significantly lower.

10.Retention of Title

10.1 The products remain our property until they have been paid for in full. Pledging, transfer by way of security and resale are prohibited beforehand. Any costs that we incur as a result of asserting and enforcing our rights shall be borne by the customer.

10.2 If the agreed payments are not made, we are entitled to demand the return of the reserved goods without setting a deadline in advance.

11.Privacy

The security and protection of your personal data is particularly important to us. We will inform you in detail about how to deal with them in our data protection declaration, which you can access here https://dr-muller.com/privacy-notice.

12.Export Restrictions, Ancillary Agreements

12.1 The export of the contractual objects and documents can – e.g. B. due to their nature or purpose – are subject to the approval requirement (see also note in the delivery notes and invoices).

12.2 Subsidiary agreements must be in writing.

12.3 Should individual provisions be ineffective, the validity of the remaining provisions shall not be affected. The ineffective provision will be replaced by an effective provision that is as equivalent as possible.

13.Miscellaneous

13.1 The place of performance and performance is Düsseldorf.

13.2 The law of the Federal Republic of Germany applies; the validity of the UN sales law is excluded.

Status: May 2022