Terms and Conditions

General terms and conditions of sale and business

Scope of application

All contracts concluded with MedVec international GmbH (hereinafter MedVec) are based on the following conditions, unless otherwise expressly agreed. This also applies to individual contracts, insofar as they expressly refer to the general terms and conditions of sale and delivery. Deviating conditions of the client are not binding on MedVec, unless this has been expressly agreed.

Contract

The contract covers by Medvec or their OTC sales force in a separate order confirmation based on a sales offer made by MedVec or a purchase offer made by the buyer. If the buyer does not immediately complain about an order confirmation sent by MedVec or an order form left by the sales force, the content is considered approved, even if it should deviate from previous offers. This does not apply to intentional deviations to the detriment of the contractual partner from the original negotiation content. MedVec is entitled to adapt the subject matter of the contract to the latest state of technology without this having to be communicated to the contractual partner or approved by the latter. The contract partner is not entitled.

Delivery

Dates are only to be regarded as non-obligatory dates; a timely and through no fault exceedance does not have the effect of delay. Rather, a reasonable grace period is set in motion. However, the client is entitled to refuse performance if the deadline is missed by more than four weeks after a reasonable grace period has expired.

MedVec is also not responsible for missed deadlines due to force majeure or other unforeseeable events that are not in MedVec’s control.

Regardless of delivery times, MedVec is entitled to fulfill orders immediately. Part deliveries are permitted. MedVec is not responsible for an impossibility of delivery if this is based on circumstances that are not in MedVec’s control and MedVec notifies the client immediately and reimburses any payments already made.

Prices

List prices are subject to change. The prices valid on the day of the order confirmation apply. All prices quoted are net prices and do not include shipping and insurance costs and statutory VAT.

Terms of payment

If no payment term has been granted, invoices are due and payable within 8 days. In the event of default in payment, default interest of 5% above the base rate of the Deutsche Bundesbank and dunning costs of EUR 5.00 will be charged. Partial payments by the buyer are initially offset against the costs, then against the interest and the remaining amount against the main claim.

The buyer is only entitled to offset, withhold or reduce the price if the counterclaims have been legally established or are undisputed.

In the event of partial deliveries and default in payment, MedVec is entitled to deliver subsequent deliveries only against prepayment, contrary to previous payment agreements.

Retention of title

The goods delivered by MedVec remain the property of MedVec until all existing and due claims against the buyer from the business relationship have been fulfilled.

Unless otherwise stipulated, the buyer is entitled to further process or sell the goods. In the case of further processing, the newly created item takes the place of the reserved item. In the event of a resale, the claim obtained for this is already deemed to have been assigned to MedVec.

Transfer of risk / Shipping

The risk of loss is transferred to the buyer when the item is handed over to a transport company of whatever type. If the delivery is delayed due to circumstances for which the buyer is responsible, the risk is transferred to the buyer at the moment of notification and the possibility of shipping.

The choice of the shipping route is fundamentally up to MedVec.

Acceptance

Notification of Defects Notification of defects in relation to obviously recognizable defects in the delivered goods must be reported to MedVec in writing within 7 days of receipt.

If a corresponding complaint is not made or not made in time, the delivery received is deemed to be in accordance with the contract and in accordance with the contract. The buyer is not entitled to any warranty claims in this regard.

Warranty

The buyer is basically limited in his warranty rights to subsequent delivery.

Subsequent delivery is free of charge if the goods delivered do not meet the product requirements described in the contract, the goods are still in the form supplied by MedVec and the defects have been reported in good time.

If it turns out that no contractual fulfillment can be achieved even through subsequent delivery, the buyer is entitled to change or reduce the price after setting a deadline.

In the case of deliveries of goods that are created by third parties and only negotiated by MedVec, the warranty rights that MedVec has towards the manufacturer apply as assigned to the buyer at the moment of delivery to the buyer. In addition, MedVec only provides a guarantee as described above and in the event that the buyer cannot obtain any out-of-court guarantee from the manufacturer.

Liability

MedVec assumes no liability for damage resulting from the use of goods delivered in accordance with the contract.

Liability for damage to life, body and health that is not based on negligent or willful behavior on the part of MedVec or its employees is excluded. Liability for other damage that is not based on grossly negligent or intentional behavior on the part of MedVec or its employees is excluded.

Insofar as the transaction was concluded on the basis of prospectus information provided by third parties / manufacturers, MedVec assumes no liability for the accuracy of the content of this information.

Changes to the General Terms and Conditions as of March 10, 2010.

Our delivery and payment conditions, to which the customer agrees when placing the order, apply exclusively, and also for future transactions, even if they are not expressly referred to, but to the customer in the case of an order confirmed by us or by the Receipt of a copy of the order form from the OTC sales force. If the order is placed in a way that deviates from our terms of delivery and payment, then only our terms and conditions of payment apply, even if we do not contradict. Deviations therefore only apply if they have been expressly recognized by us in writing.

We are entitled to assign the claims from our terms and conditions.

The contractual relationship is subject exclusively to German law, in particular the German Civil Code and the Commercial Code.

The place of jurisdiction is Frankfurt, at our option.

B of the Buyer LAB is located towards us with any payment obligations in default, all existing claims are due.

A withdrawal from the contract is not required to assert the rights from retention of title, unless the debtor is a consumer.

Various payments with agreed terms of payment are to be made, with discharge of debt, exclusively to VR Factorem GmbH, Ludwig-Erhard-Straße 30-34, 65760 Eschborn, to whom we have assigned our current and, if applicable, future claims from our business relationship. We have also transferred our reserved ownership to VR Factorem GmbH.

Offsetting by the buyer with counterclaims is excluded, unless the counterclaims are undisputed or have been legally established. The assertion of a right of retention by the buyer is excluded, unless it is based on the same contractual relationship or the counterclaims are undisputed or have been legally established.

Partial invalidity of individual provisions does not lead to the total invalidity of these general terms and conditions.

Disclaimer of liability

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