AGB's

validity

  • The contractual relationship is based exclusively on our General Terms and Conditions. These General Terms and Conditions also apply to future transactions between the contractual partners without the need for renewed reference to the General Terms and Conditions.

  • The terms and conditions of the contractual partner (hereinafter referred to as client) do not apply.

  • The commissioned works are custom-made and are made according to the regulations of the Medical Devices Act (MPG).

Prices

  • The order for the creation of the work is binding.

  • The price list available to the customer is recognized by him and is part of the contract. The statutory rate of value added tax applicable on the day of delivery or service is added to the stated prices.

  • If a new current price list is issued, the old one loses its validity.

  • Cost estimates refer to the price list valid on the day of issue. They only take into account foreseeable expenses and are only binding in writing. Increases of up to 10% are accepted by the customer without prior consultation. In the case of increases of more than 10%, the customer must be consulted before work begins. Changes in the prices for materials to be charged separately (e.g. teeth, precious metal, ready-made parts, etc.) always change the cost estimate

Delivery time / acceptance

  • Delivery periods are only binding if agreed in writing.

  • Adherence to the agreed delivery period presupposes the timely receipt of all work documents to be provided by the client and necessary for the execution of the order. The delivery period only begins when these requirements are met.

  • If the delivery period is exceeded, the customer can only withdraw from the contract in the event of a delay in performance on our part or in the event of impossibility for which we are responsible.

  • The acceptance of the work by the customer takes place at the latest at the point in time at which he finally integrates the work into the patient.

Payment / Late Payment

  • At the end of the month, an invoice compilation (collective invoice) is prepared and the client is informed. The invoice amount shown is payable within 30 days without deduction. For payments within 8 days after receipt of the invoice, the client is entitled to deduct a 2% discount.

  • Checks only count as payment once they have been honoured. In the event of a delay in payment, interest on arrears can be charged at a rate of 3% above the respective discount rate of the Deutsche Bundesbank.

  • The client can only offset claims for payment by the contractor with undisputed and legally established claims.

  • We reserve the right to assert extensive default damages.

  • A delay in payment entitles us to withhold all deliveries and services for the duration.

liability

  • The client must check the work for correctness and completeness immediately upon receipt. Complaints must be reported in writing by the client immediately. The customer must provide the working models required for a repair or replacement delivery. In the case of inaccurate fitting, the notice of defects must be made within 10 days of receipt of the work, with submission of the replacement models; new models or molds must be attached or submitted immediately.

  • Warranty claims are limited to the right to rectification or replacement; the decision on this remains reserved for the contractor. If the repair or replacement delivery fails, the customer has the right to reduce the payment or to withdraw from the contract.

  • Claims for damages are excluded unless they are based on a grossly negligent breach of contract by the contractor or on an intentional or grossly negligent breach of contract by a legal representative or vicarious agent of the contractor.

  • In dealings with merchants, legal entities under public law, as well as special funds under public law, our liability for slightly negligent behavior is excluded, unless it is based on the violation of cardinal obligations. This limitation of liability does not apply if essential legal interests such as life and health are affected.

  • We are not liable for defects or consequential damages. This also applies to the lack of guaranteed properties, unless the guarantee extends to such consequential damage.

  • Insofar as our liability is excluded, this also applies to the personal liability of the legal representatives, employees and vicarious agents.

work documents
  • All work is done with great care. However, the contractor has no influence on the quality of the models and impressions sent in. These documents are of crucial importance for the seat in the mouth. Working documents that appear to be defective can therefore be returned after consultation and coordination with the client. In any case, the customer must be responsible for the consequences of faulty models and molds.

Material and accessory position

  • Materials (precious metal, teeth, etc.) or accessories (finished parts, e.g. attachments, joints, etc.) supplied by the customer can be assigned a customary processing surcharge.

  • Failures due to defective materials or accessories delivered by the client are not at the expense of the contractor.

  • The Contractor shall be liable for the storage of the materials or accessories delivered by the Client with the care that he uses in his own affairs.

retention of title

  • We retain title to all work delivered until all claims, including ancillary claims from the business relationship, have been paid in full.

  • With the placing of the order, the client assigns claims that he has acquired in the course of his professional or commercial activity to the amount of the entire laboratory order to the contractor.

Changes to the Contract

  • Changes and additions to this contract must be in writing.

  • Changes and additions to the contract were not made.

  • Should one of the provisions of this contract be ineffective, this ineffectiveness does not affect the remaining provisions of the contract.

Fulfillment and jurisdiction

  • The place of performance for delivery and payment is the headquarters of the laboratory.

  • The place of jurisdiction is the headquarters of the laboratory, provided that:
    • the party to be sued after conclusion of the contract
moved their domicile or usual place of residence outside the territory of the Federal Republic or their domicile or usual place of residence is not known at the time the action is filed.

    • Claims can be asserted by way of dunning proceedings.

  • The law of the Federal Republic of Germany.