General Terms and Conditions of Purchase of HA2 Medizintechnik GmbH

I. Scope of application

  1. All deliveries, services and offers of our suppliers are effected exclusively on the basis of these General Terms and Conditions of Purchase (GTCP). They form an integral part of all contracts we conclude with our suppliers for the deliveries and services they offer. They also apply for all future services, offers and deliveries between the same parties without the need for this to be stated again.
  2. Our GTCP apply exclusively. Deviating, conflicting and supplementary general terms and conditions of our suppliers or third parties shall not apply and thus only form a part of the contract(s) if and to the extent that we have expressly consented to their application in writing. This requirement for consent shall apply in all cases, for example even if we accept the supplier’s or third party’s deliveries without reservation in the knowledge of their general terms and conditions.

II. Offer and order

  1. The supplier’s offers are free of charge for us.
  2. The supplier must confirm each order in writing within seven (7) days including the binding price and delivery period (acceptance). Delayed acceptance shall be deemed a new offer and require acceptance by us in any case.
  3. Any deviating confirmation terms must be highlighted. We similarly have the right to revoke the order.
  4. Verbal pledges, ancillary agreements, information, etc., (including agreements) are only binding if they are subsequently confirmed in writing by us or if we have waived the requirement for the written form in writing.
  5. Changes made by the supplier to the specifications listed in the order, e.g., materials, tolerances, test methods, etc., are not permitted without our advanced written approval.

III. Prices, payment conditions, invoice details

  1. The price stated in the order is binding. It includes all the supplier’s expenses, including delivery, transport and packaging to the shipping address specified in the contract.
  2. Provided no individual arrangements have been made and confirmed in writing, payment shall be effected after receipt of the invoice within 14 days with a 3% discount or within 30 days net.
  3. The payment deadline commences upon receipt of the valid, VAT-compliant invoice in duplicate. The statutory provisions shall apply for default in payment.
  4. Payments by us do not constitute acknowledgement of the services as being in accordance with the contract, but rather are subject to the reservation of subsequent claims.
  5. We shall be entitled t