General Terms and Conditions
1. Definition and Scope of Application
All agreements and offers are based exclusively on our General Terms and Conditions. They are deemed accepted upon placement of an order or acceptance of delivery. Deviations from our General Terms and Conditions require our express written acknowledgment.
2. Offers
Our offers are subject to change without notice. Orders are only binding for us if we confirm them in writing or comply by sending the goods. Please note our minimum order values. If the ordered quantities deviate from those of the sales unit (SU), we are entitled to adjust the order quantity accordingly. Orders below the sales unit (SU) that are accepted by us are excluded from exchange and return. The customer is bound to an order signed by them and not yet accepted by us for 14 calendar days after dispatch.
3. Prices & Payment Terms
a) Orders for which fixed prices have not been expressly agreed will be charged at the list prices valid on the day of delivery. If the list prices have increased compared to the time the contract was concluded, the buyer is entitled to withdraw from the contract within 8 calendar days
after notification of the price increase. The right of withdrawal does not exist for price increases resulting from an increase in value-added tax. b) The purchase price is due for payment within 30 days of the invoice date. In the event of late payment, we are entitled to charge interest at a rate of 5% above the base interest rate. The buyer may neither offset nor assert a right of retention against our claims, unless it is a claim of the buyer that is undisputed or has been legally established.
4. Delivery Periods
We strive to deliver as quickly as possible. Firmly agreed delivery periods refer to the shipping date. In the event of delay, the buyer may set a grace period. The grace period must be at least 15 working days. After the grace period has expired, the buyer is entitled to withdraw from the contract. Withdrawal must be declared in writing immediately after the set grace period has expired. We are not liable for impossibility of delivery or for delivery delays, insofar as these have been caused by force majeure or other events that were not foreseeable at the time the contract was concluded (e.g., operational disruptions of all kinds, difficulties in procuring materials or energy, transport delays, strikes, lawful lockouts, shortage of labor, energy or raw materials, difficulties in obtaining necessary official permits, official measures, or the failure of, incorrect, or late delivery by suppliers) for which we are not responsible. If such events make delivery or performance significantly more difficult or impossible for us and the hindrance is not only of a temporary duration, we are entitled to withdraw from the contract. In the case of hindrances of a temporary duration, the delivery or performance periods are extended or the delivery or performance dates are postponed by the period of the hindrance plus a reasonable lead time. Insofar as the buyer cannot be expected to accept the delivery or performance as a result of the delay, they may withdraw from the contract by immediate written declaration.
5. Delivery & Performance
All deliveries travel at our risk in accordance with the international commercial clause "Incoterms ICC" (DAP – Delivered at Place). Partial deliveries are permitted. The method or route of shipment will be chosen by us. The costs of an express, air freight, or airmail shipment made at the request of the buyer shall be borne entirely by them. For orders with a net value of €300.00 or more, we deliver free of shipping costs. For orders below the minimum order value of €300.00 (net value of goods), we charge a handling fee / small quantity surcharge of €20.00 per order. Express shipments are charged according to the current transport costs of the respective shipping service provider.
6. Custom Manufacturing
For custom manufacturing, we reserve the right to over- or under-deliver by up to 20%. Any type of goods manufactured specifically for the customer is fundamentally excluded from return.
7. Defects and Transport Damage
a) Any complaints must be reported to us in writing immediately—in the case of obvious defects, no later than within two weeks—after receipt of the goods. In the event of justified complaints, we will, at our discretion, provide a replacement or perform repairs.
b) If we allow a set grace period to expire without having provided a replacement or remedied the defect, the buyer has a right of withdrawal.
8. Complaints, Repairs & Returns
Returns and exchanges are only accepted in perfect condition and after prior notification to our Customer Service. Products whose primary or secondary packaging (sterile packaging or sales unit) has been labeled, taped, dented, or torn are excluded from return. Products returned to
WILDmedical GmbH must be packed in a shipping carton to ensure the protection of the primary or secondary packaged product from transport damage and environmental influences.
Complaints
To protect all persons coming into contact with contaminated products from infections that can arise when handling contaminated products, it is essential that submitted products are delivered in a disinfected state.
Please enclose a confirmation of disinfection with the products.
Repairs
To protect all persons coming into contact with contaminated products from infections that can arise when handling contaminated products, it is essential that submitted products are delivered in a sterilized state. We only accept and repair cleaned and sterilized instruments.
The sterilization indicator must be clearly visible on the shipping carton.
Returns
In principle, a return or exchange can only take place after prior agreement with us. The return or exchange of sterile/non-sterile goods (full sales unit) is only possible within 3 months of the invoice date, subject to a processing
fee of 20% of the net value of the goods. The costs of return transport are borne by the buyer. Furthermore, the goods travel at the customer's risk. If the goods were ordered incorrectly by the customer, the buyer also bears the costs of return transport. The return must take place within 4 weeks of the invoice date with written notification to Customer Service, including the invoice, delivery note, item, and lot numbers, as well as the expiration date. After this period, we can no longer
accept returns. Goods manufactured specifically for the customer are fundamentally excluded from return.
9. Liability & Warranty
Claims for damages by the buyer due to obvious material defects of the delivered order are excluded if they do not report the defect within a period of two weeks after delivery. A prerequisite for any warranty rights of the buyer is their proper fulfillment of all inspection and notification obligations owed under §377 HGB (German Commercial Code). Expenses or costs incurred by the buyer not arising from defects in delivery items (e.g., for product warnings, safety instructions, and product recalls) shall be borne by them, provided these are reasonable and necessary. The additional expenditure must be proven to us
by the buyer. Expenses or costs of the buyer arising from defects in delivery items will be borne by us, provided these were reasonably necessary and appropriate according to objective standards, taking into account the interests of both parties. §254 BGB (German Civil Code) applies. The additional expenditure must be proven by the buyer. We are liable for damages incurred insofar as these are based on a breach of a material contractual obligation or on intentional or grossly negligent behavior by us, our legal representative, or vicarious agents. If a material contractual obligation is breached through slight negligence, our liability is limited to the typical, foreseeable damage. A material contractual obligation exists for obligations whose fulfillment makes the proper execution of the contract possible in the first place or on whose compliance the buyer has relied and was entitled to rely. Any further liability for damages is excluded. Liability for culpable injury to life, body, or health according to legal provisions remains unaffected. This also applies to mandatory liability under the Product Liability Act and for guaranteed quality characteristics.
10. Retention of Title
For deliveries, the delivered goods remain our property until full payment of all claims arising from the business relationship with the buyer.
11. Resale
Devices and goods delivered by us may only be forwarded to a country other than that of the purchaser's place of business with our prior written consent.
12. Traceability
Every reseller is obliged to maintain the traceability of their end customers so that in the event of a recall, in accordance with the Medical Device Regulation of May 26, 2021 (MDR(EU) 2017/745), their end users can be contacted and the corresponding medical device can be removed from the market. This obligation continues for the period after the termination of the business relationship.
13. Place of Performance & Jurisdiction
The place of performance for deliveries is the distribution site; for all other obligations arising from the contractual relationship, it is the registered office of WILDmedical GmbH. If the buyer is a registered merchant, the place of jurisdiction is our general place of jurisdiction or, at our choice, the place of jurisdiction of the buyer.
Tuttlingen, February 1, 2024
WILDmedical GmbH
Phone: +49 (0) 7461 – 966 30 80
Ehrenbergstr. 18
Email: info@wildmedical.de
78532 Tuttlingen