General Delivery and Assembly Conditions

I. Terms of delivery

§ 1 General information

These terms of delivery apply exclusively. General terms and conditions that contradict, deviate from or supplement these terms of delivery shall not be recognised, even if these are not expressly contradicted despite knowledge and/or the delivery is executed without reservation.

These terms of delivery apply to all present and future business relations. Earlier, possibly different conditions of PHYSIO-TECH GmbH hereby lose their validity.

For the purposes of these Conditions of Supply, a consumer is any natural person, who concludes a legal transaction for a purpose that can neither be attributed to his commercial nor his independent professional activity (§ 13 BGB).
An entrepreneur within the meaning of these terms of delivery is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity (§ 14 BGB).
An entrepreneur within the meaning of these terms of delivery is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

§ 2 Offer and conclusion

Our offers are subject to change without notice. We reserve the right to make technical changes as well as changes in shape, colour and/or weight within reasonable limits.

By placing an order, the customer makes a binding declaration that he wishes to acquire the ordered item.
The offer is only considered accepted when an order confirmation is sent or when the goods are delivered. Additional agreements or assurances must be recorded in writing.

PHYSIO-TECH GmbH reserves the right of ownership and copyright to cost estimates, drawings and similar documents. This also applies to those documents which are designated as "confidential". These documents may not be made available to third parties without the prior express consent of PHYSIO-TECH GmbH.

§ 3 Prices and terms of payment

The prices are "ex works", excluding packaging and plus the statutory value added tax, customs duties, fees and charges. The value added tax will be shown separately in the invoice at the statutory rate on the day the invoice is issued. Payments are made non-cash by bank transfer. Cheques will only be accepted by separate agreement on account of performance.

Insofar as the agreed prices are based on the list prices of PHYSIO-TECH GmbH and delivery is to take place more than four months after conclusion of the contract, the list prices valid at the time of delivery (in each case less an agreed or fixed discount) shall apply to merchants.

If the customer demands the delivery or dispatch of the goods, the resulting costs for transport, further expenses and additional services will be charged additionally.

Expenses incurred due to changes in the type or scope of the delivery at the request of the purchaser after our order confirmation, and/or which arise due to the fulfilment of subsequent or unforeseeable official conditions and requirements will also be invoiced separately from the purchase price offered.

The deduction of discounts requires special written agreement.

Unless otherwise agreed, the purchase price is due for payment without deduction within 14 days of the invoice date. In all other respects, the statutory payment default rules shall apply.

The customer shall only be entitled to offsetting if his counterclaims have been legally established, undisputed or recognised by PHYSIO-TECH GmbH.

The customer may only exercise rights of retention insofar as his counterclaim is based on the same contractual relationship.

§ 4 Transfer of risk

The delivery is "ex works".

The risk of accidental loss and accidental deterioration of the purchased goods shall pass to the customer upon handover, in the case of sales shipment upon delivery of the purchased goods to the transport person, if the customer is an entrepreneur.

The risk of accidental loss and accidental deterioration of the purchased goods, even in the case of sale by delivery to a place other than the place of performance, shall not pass to the customer until the goods are handed over to the customer if the customer is a consumer.

If the customer is in default of acceptance, the risk of accidental loss and accidental deterioration of the purchased goods shall pass to the customer from the day of readiness for dispatch.. Any storage costs incurred shall be borne by the customer.

The above points 1 to 4 also apply to partial deliveries.

§ 5 Delivery times

The stated delivery dates and periods are only approximate; unless a binding delivery date has been expressly promised in writing by PHYSIO-TECH GmbH.

The delivery period only begins when all technical questions have been clarified together with the customer.

The delivery period shall be extended appropriately in the event of unforeseeable hindrances for which PHYSIO-TECH GmbH is not responsible, such as force majeure, strike, operational disruptions. The customer will be informed immediately about the reason and the expected duration of the delay.
If it is foreseeable that the hindrance will not end within a reasonable period of time, both the customer and PHYSIO-TECH GmbH may withdraw from the contract in whole or in part.

§ 6 Retention of title

PHYSIO-TECH GmbH reserves the right of ownership of the purchased item until the purchase price has been paid in full. In the event of breach of contract by the customer, in particular default of payment, PHYSIO-TECH GmbH shall be entitled, after setting a reasonable deadline, to withdraw from the contract and demand the return of the object of sale (usage rights). PHYSIO-TECH GmbH is authorised to utilise the purchased item after taking it back. The proceeds of sale shall be credited against the liabilities of the customer – less reasonable costs of sale. If PHYSIO-TECH GmbH's right of withdrawal cannot be realised, PHYSIO-TECH GmbH shall be entitled to claim damages in the cases provided for by law.

The customer is obliged to treat the purchased item with care. In particular, he is obliged to carry out regular maintenance and inspection work in accordance with the device-specific operating instructions at his own expense.

If third parties access the goods subject to retention of title, in particular through seizure, the purchaser must inform them of PHYSIO-TECH GmbH's ownership of the purchased goods and notify PHYSIO-TECH GmbH immediately in order to enable PHYSIO-TECH GmbH to enforce its ownership rights. The obligation to notify shall apply accordingly in the event of any damage to or destruction of the purchased item. PHYSIO-TECH GmbH must also be informed immediately of any change of ownership of the purchased goods and any change of residence of the customer..

§ 7 Claims for defects

PHYSIO-TECH GmbH is entitled, at its own discretion, to supplementary performance in the form of rectification of defects or replacement delivery if the customer is an entrepreneur.
If the purchaser is a consumer, the purchaser may initially choose between subsequent performance by repair or replacement. However, PHYSIO-TECH GmbH is entitled to refuse the type of supplementary performance chosen if it is only possible at disproportionate cost and the other type of supplementary performance does not entail significant disadvantages for the customer.

In principle, only the manufacturer's product description is deemed to be agreed as the quality of the purchased item if the purchaser is an entrepreneur. Public statements, recommendations or advertising by the manufacturer do not constitute a contractual description of the quality of the goods.

The company PHYSIO-TECH GmbH is liable according to the legal regulations, if the purchaser asserts claims for damages based on intent or gross negligence or on intent or gross negligence of a representative or vicarious agent of PHYSIO-TECH GmbH. Insofar as PHYSIO-TECH GmbH cannot be accused of intentional or grossly negligent breach of duty, liability for damages is limited to typical and foreseeable damages. This does not apply to liability for culpable injury to life, body or health, nor to mandatory liability under the Product Liability Act.

The limitation period for claims for defects on the part of the customer which are not subject to the period of § 438 Para. 1 No. 2 BGB is 1 year from delivery of the goods if the customer is an entrepreneur and 2 years from delivery of the goods if the customer is a consumer.

Guarantees in the legal sense shall only be given to the purchaser by PHYSIO-TECH GmbH on the basis of individual contractual agreements specific to the equipment. Manufacturer's warranties shall remain unaffected by this.

§ 8 Limitation of liability

In the case of other claims for damages, PHYSIO-TECH GmbH shall be liable in the event of a slightly negligent breach of duty only for the damage typically occurring according to the type of purchased item. This also applies to slightly negligent breaches of duty by the legal representatives or vicarious agents of PHYSIO-TECH GmbH.
The liability of PHYSIO-TECH GmbH for slightly negligent breaches of insignificant contractual obligations is excluded if the purchaser is an entrepreneur.

Liability for culpable injury to life, body or health remains unaffected; likewise the mandatory liability under the Product Liability Act.

§ 9 Final provisions

The law of the Federal Republic of Germany shall apply, excluding private international law. The provisions of the UN Sales Convention (CISG) shall not apply.

If the customer is a merchant, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of PHYSIO-TECH GmbH. The same applies if the customer is a consumer and does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is brought.

If individual provisions of the contract including these terms of delivery are or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The wholly or partially ineffective provision shall be replaced by a provision whose economic success comes as close as possible to that of the ineffective provision.

II. Installation conditions

Insofar as PHYSIO-TECH GmbH also or exclusively undertakes assembly or similar services in addition to the delivery of the purchased goods, the following assembly conditions apply in conjunction with the terms of delivery:

§ 1 Installation requirements

If parts of the delivery are obviously damaged or the delivery is not complete, the customer must inform PHYSIO-TECH GmbH of this no later than one working day after delivery of the purchased item, so that remedial action can be taken before the arrival of the fitters if possible. If the customer culpably (also in the case of slight negligence) fails to make this notification, any additional expenses for the installation caused by this shall be invoiced separately.

The delivered parts must be stored in a dry place and protected from the weather and from damage by third parties.

Depending on the scope of delivery, one or more specialist fitters from PHYSIO-TECH GmbH are provided for the installation. Depending on the agreement, these must be provided with sufficient auxiliary staff without mutual calculation.

The scope of services of PHYSIO-TECH GmbH does not include tradesmen's services which create the connection requirements for the object of purchase, such as the laying of connections for the supply of cold and warm water and electricity.

To ensure a proper installation, the following requirements must be met by the customer: Laying of connections for the supply of cold and hot water electricity as well as the device-specific requirements according to the handed over installation brochure by PHYSIO-TECH GmbH "Steps for the customer to take prior to installation".

The customer must ensure that the installation is possible on the agreed date, in particular that all necessary preparatory work such as masonry, plastering, caulking and flooring work has been completed. The floors must be walkable and sufficiently loadable.
The customer must inform PHYSIO-TECH GmbH in writing no later than 14 days before the agreed date whether installation is possible on the agreed date.

The customer shall inform the installation personnel about any existing safety regulations.

On site electrical power must be provided for tools and if necessary for lighting. If a lockable recreation room for fitters is required to store the tools and small parts, this must be notified to the customer in advance and made available by him on site.

§ 2 Acceptance

After installation of the object of purchase, the customer is entitled and obliged to accept these in a written acceptance certificate.

If the customer does not accept the installation work within a reasonable period of time specified by PHYSIO-TECH GmbH, although he is obliged to do so, this shall be deemed equivalent to acceptance.

From the time of acceptance, the customer shall no longer have any claims for defects against PHYSIO-TECH GmbH under § 634 No. 1 to No. 3 BGB (German Civil Code) in respect of known defects, unless the customer does reserve his rights in respect of this defect on acceptance.

§ 3 Limitation period

Warranty claims of the customer arising from the installation shall become time-barred one year after acceptance. The limitation period of § 634a paragraph 1 No. 2 BGB remains unaffected.