Comercio de equipos médicos usados Email: info@pumed.de Tel.: +49 (9129) 9086914
Deutsch English Itlian Russian Roman Polski Francais Portugese
Betreiber:

P&U Medizintechnik GmbH

Geschäftsführer:

Dennnis Ungar

Till Ungar

Gesellschafter:

Dennis Ungar

Till Ungar

Telefon:

09129 9086914

Fax:

091299086913

email:

info@pu-medizintechnik.de

Handelsregister:

HRB 28888

Umsatzsteuer-ID:

DE 284 950 111

Kontodaten:

Sparkasse Mittelfranken Süd

BLZ 764 500 00

KTO 231344532

IBAN DE 18 7645 0000 0231 3445 32

SWIFT-BIC BYLADEM1SRS

General Delivery Stipulations

§ 1 Application

(1) All deliveries, performances and offers from P&U Medizintechnik GmbH (hereinafter named "Vendor") are conducted exclusively on the basis of these general terms and conditions. These form parts of all contracts, entered into by the contractor and his contracting agents (hereinafter called "Contracting Principal") regarding the offered deliveries and performances. They also apply to all future deliveries, performances or tenders to the Contracting Principal, even if they are not concluded especially.
(2) Any third party terms and conditions, or those of the Contracting Principal do not apply, even if the Vender does not explicitly contest them in each individual case. Even if Vendor refers to correspondence which contains the Contracting Principal’s terms and conditions, or those of a third party, this does not constitute a consent regarding the applicability of said terms and conditions.
(3) The Vendor's offers are geared exclusively towards companies in the sense of § 14 of the BGB (German Civil Code), namely doctors, hospitals, medical institutions, careers in industry, trade and freelances, however, exclusively for use in the employed, professional or trading capacity.

§ 2 Tender and Conclusion of Contract
(1) All offers of the Vendor are non-binding and subject to confirmation, as long as they are not labelled binding, or contain a certain acceptance period. By instigating the order process, the Contracting Principal offers a tender for the conclusion of the contract, which the Vendor can accept within 14 days after receipt. Acceptance is either made by explicit written confirmation, or by sending the goods; an automatically generated order confirmation is not an acceptance of the Contracting Principal's offer to conclude the contract. Should the Vendor not accept the offer of contractual conclusion within 14 days of receipt, the offer is seen as declined.
(2) The written closed contract of sale, including these General Terms of Delivery, is decisive for the legal relationship between the Vendor and the Contracting Principal. This stipulates all agreements between the contractual parties completely and is the subject of the contract. Oral agreements from the Vendor before conclusion of this contract are legally non-binding and oral agreements between the contractual parties are replaced by the written contract, as far as nothing in them is explicitly arranged to make them binding.
(3) Addenda and amendments to this agreement, including the General Terms of Delivery, must be made in writing to be legally binding. With the exception of executive managers, or authorised signatory, the Vendor's employees are not entitled to conclude oral agreements deviant from this agreement. Transferral by fax or email suffices to adhere to the written form.
(4) Any statement made by the Vendor regarding the subject of the delivery or performance (e.g. weight, measurements, practical value, resilience, tolerances and technical data) and our drawings of the same (e.g. blueprints and copies) are only approximate as long as its use for the contractual purpose does not assume an exact match. They are not guaranteed characteristics, but furthermore descriptions, or labels of the delivery or performance. Trade-typical deviations and deviations, which occur due to legal requirements, or technical improvements, or the replacement of parts by similar parts, are allowed, as long as this does not affect the usability for the contractual purpose.

§ 3 Payment
(1) As far as nothing else has been agreed upon, the Contracting Principal is to pay in advance.
(2) As far as no payment in advance is to be made, as opposed to fig. (1), the invoiced amount is to be paid without deduction within 7 days, as far as nothing to the contrary has been made in writing. Receipt of payment by the Vendor is to be taken as the point of payment. Checks will be considered after the payment has been credited.

§ 4 Warranty and Defects
(1) As far as nothing to the contrary is stipulated, the legal warranty regulations in the BGB (German Civil Code) apply.
(2) The warranty period for companies in the sense of § 14 BGB is one year after delivery of new products, for used products, warranty is excluded.
(3) As far as no warranty performance is mentioned in the regulations under fig (2), the regulations stipulated in §§ 377 et. Seq. BGB apply. The warranty performance lapses, if the Contracting Principal makes changes to the subject of delivery without the Vendor's permission, or has it changed by a third party, which makes the remedy of defects either impossible, or unreasonable. In each case the Contracting Principal is to carry the costs of the defect remedy caused by the changes made.

§ 5 Liability for compensation on grounds of Culpability
(1) The Vendor's liability for damages, regardless for what legal reason, especially for impossibility, arrears, defective, or incorrect delivery, breach of contract, violation of an obligation in contractual dealings and unlawful act is limited to the measures in § 5, as long as it has been caused by the Vendor.
(2) The Vendor cannot be held liable in the case of simple negligence of his advisory bodies, legal representatives, employees or vicarious agents, except that this is not with regard to the violation of a duty significant to this contract. Duties significant to this contract are obligations to deliver punctually, and install the defect free object of delivery, and any duties for consultation, protection and care, which enable the Contractual Principal to use the subject of delivery as stipulated in the contract, or the protection of life, limb and health of the Contractual Principal's personnel, or the protection of his property from significant damage.
(3) As far as the Vendor can be held liable in accordance with section 2 for damages, this liability for damages is limited to damages which the Vendor has foreseen when concluding the contract as possible consequences of contractual infringement, or should have seen when applying due diligence usual for the trade. Indirect damages and subsequent damages, which are the consequence of defects in the delivered equipment, are recoverable as long as the damages can be expected by the equipment being used as intended.
(4) The afore-mentioned exclusions to liability and limitations to liability apply to the same amount to the Vendor's advisory bodies, legal representative, employees and vicarious agents.
(5) Should the Vendor provide technical information or fulfil a consulting position, which is not part of the delivery he is contractually bound to supply, this is to take place free of charge and completely exempt of any liability claims.
(6) The limitations of § 5 do not apply to the Vendor's liability for cases of intent, for guaranteed characteristics, damage to life, limb or health or according to the binding legal regulations.

§ 6 Reservation of Property Rights
(1) The Vendor retains the property rights on the delivered goods until the purchase price has been paid in full. During this period, the Contracting Principal may neither sell, nor otherwise dispose of the goods (hereinafter: "Goods subject to Retention of Title").
(2) Should a third party - especially a court judicial officer - gain access to the Goods subject to Retention of Title, the Contracting Principal will refer to the Contracting Principal's ownership and inform him immediately, so that he can assert his right of ownership.
(3) Should the Contracting Principal behave in breach of contract, especially in the case of arrears, the Contracting Principal is entitled to demand that the Goods Subject to Retention of Title are returned, as long as he rescinds the contract.

§ 7 Data protection
(1) Personal data will be recorded, treated and saved exclusively in the legal scope required for the conduct of contracts. The data will not be forwarded to third parties for use for other purposes, unless this permission is exclusively granted, or a legal obligation exists.
(2) Personal data will only be used for marketing measures with prior separate consent. Consent can be revoked at any time.

§ 8 Final Provisions
(1) Court jurisdiction for any legal disputes from the legal relationship between the Vendor and the Contracting Principal is either Wendelstein or the registered office of the Contracting Principal, at the discretion of the Vendor. For litigation vis-á-vis the Vendor, Wendelstein has exclusive jurisdiction. Binding legal regulations regarding sole jurisdiction remain unaffected by this regulation.
(2) The relationship between the Vendor and the Contracting Principal are solely subject to the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods from 11th April 1980 (CISG) does not apply.
(3) Should this contract or these general terms of delivery contain loopholes, then the legally affective regulation applicable to the implementation of the contract, which comes closest to the goals of the contract and these general terms of delivery, which the contractual partners would have agreed upon were they aware of the loophole, is seen as agreed upon.

The Purchaser is explicitly informed that when operating the machinery, all regulations of the Medizinprodukte-Betreiberverordnung (MPBetreibV) (ordinance regarding the use of medicinal products) and all other regulations, especially relevant EU regulations are to be adhered at his own risk. As far as is legally required, the Purchaser is to conduct a safety inspection (SI) at his own costs and responsibility. The equipment is used equipment, no liability is assumed for the fulfilment of legal requirements.

In the case of X-ray equipment, in accordance with RöntgenVO (X-ray ordinance):
The Purchaser is explicitly informed that when operating the machinery, all regulations of the Medizinprodukte-Betreiberverordnung (MPBetreibV) (ordinance regarding the use of medicinal products) and all other regulations, especially the RöntgenVO (X-ray ordinance) and relevant EU regulations are to be adhered at his own risk. As far as is legally required, the Purchaser is to conduct a safety inspection (SI) at his own costs and responsibility. The equipment is used equipment, no liability is assumed for the fulfilment of legal requirements especially permission in accordance with the RöntgenVO (X-ray ordinance).

As far as a SI is offered and required, the following addendum applies:
The equipment is delivered with an SI in accordance with DIN (German Industry Norm) VDE 751 for use in the medical field. The documents are attached to the delivery notice. The equipment must be calibrated. The Purchaser agrees to calibrate the equipment at his own cost.

P & U Medizientechnik - In der Lach 68 - 90530 Wendelstein - Tel.: +49 (9129) 9086914 - Fax: +49 (9129) 9086913 - info@pumed.de