Terms and Conditions

I. Preliminary Remark
1. The products, services, and offers of the vendor are carried out according to these terms and conditions of sale. These apply for all projected business transactions, even if they are not agreed to explicitly. The terms are accepted, at the very latest, with the receipt of the goods or services. They remain binding even in the case of claims by the buyer to the contradictory..
2. All agreements between the buyer and the seller which fulfill the sales contract are included in written form in this contract.

II. Contract and Wares
1. The offers of the vendor are not legally binding, but only serve the purpose of inviting the buyer to submit a purchase order. A contract comes into effect through the process of the buyer placing an order, and the acceptance of this order by the vendor.
2. Samples are only non-binding examples and do not offer any guarantee of quality or characteristics.
3. All information and details about the suitability and methods of employment of the wares are non-binding and do not exempt the buyer from the necessity of carefully examining the product themselves for any problems or weaknesses.

III. Delivery Time
1. The delivery time begins at the time of the confirmation of an order, but not before the recipt of all necessary documents, permits, release forms, and the agreed payment.
2. The delivery time will be extended in the case of a labor dispute, in particular in time of strikes and lock-out, as well as in the case of unforseen hindrances that are outside the scope of control of the vendor (for example: operational complications or problems with the delivery of important materials), in as far as a delay can be shown to be dependent upon the delivery of said materials. This also applies if difficulties arise with shortages of materials to be delivered. The delivery time is then extended dependent on the extent of the difficulties/hindrances. The aforementioned circumstances are not representative of our company , if they occur during such a delay. We will inform the buyer of the beginning and end of such delays and difficulties as soon as it is humanly possible.
3. Changes in construction or form of the wares which improve the engineering of the product, or which are in accordance with changes in laws, will not affect the delivery time, as long as the delivery item is not changed substantially and the changes are found to be reasonable to the buyer.

IV. Cancellation Charges
1. If the buyer does not fulfill their obligations to the sales contract after placing an order, we reserve the right to charge 20% of the sale price for the costs of completing the order and the calculated loss of profit. The orderer reserves the right to receive proof or documentation of these damages.

V. Packaging, Shipping, and Laws
1. Packaging will become the property of the buyer, and is included in the costs to the customer. Postal and packaging costs are calculated separately in the bill. The decision as to how the product is packaged and sent is based is the vendors discretion.
2.It is the responsibility of the purchaser to assure adherence to legal and discretionary regulations for the importation, delivery, storage, and use of the products and wares in their particular country.

VI. Delivery and Transfer of Title and Risk
1. The risk will be vested in the buyer, as soon as the wares are given over to the person completing the transport of the purchase, or, as soon as these said packages have, by being shipped, left the factory of the seller. If the delivery is delayed based on a request of the buyer, then all risk is transferred to the buyer with the notice of readiness for shipment.

VII. Warranty
1. We take responsibility for defects in the delivered goods in the following ways:
a) The buyer must inform the seller of an infringement of contract (i.e. wrong item delivered, defects in quality, extra or missing parts) within 3 weeks of the receipt of the goods. This must be done in written form, and include an exact description of the extent if the infringement of contract. The buyer can only cancel the contract or expect a reduction in the purchase price if the replacement delivery or amendment offered by the seller does not take place within a reasonable period.
b) Naturally occurring wear-and-tear and damages occuring that are not the responsibility of the vendor are not covered by the warranty.
2. In the case of negligence, the liability of the seller is limited to the damages of primarily contractual obligation.
3. The liability is, in any case, limited to the reimbursement of previously apparent damages.

VIII. Reservation of Propriatary Rights
1. We reserve the right to retain all property rights for the products to be delivered until the completion of payment.
2. In the case of any behavior of the buyer in contempt of the contract, particularly in the case of default of payment, we withhold the right to take legal action by sending a collection letter. The purchaser is responsible for restitution of payment.

IX. Terms of Payment
1. The purchase price and the payment of incidental services are due upon delivery of the shiment of the order. The buyer defaults on payment if they do not pay the purchase price listed on a collection warning notice before, at the latest, 30 days after the recipt of the bill, even if the seller has not sent a collection notice or bill.
2. The default interest is calculated at 8% annually (retail businesses) or 5 % annually (consumers) over the bank rate of the German Central Bank (Deutschen Bundesbank).
3. The reservation of payment because of some kind counterclaim of the buyer which is not known to us is not admissable, nor are any type of price adjustments.

X. Place of Performance and Court of Jurisdiction
1. The Place of Performance for all contracts is Römerberg, Rheinland-Pfalz. The Court of Jurisdiction is Speyer, Rheinland-Pfalz.
2. All disputes arising out of the contractual relationship should be submitted to the court with jurisdiction in the area of our headquarters. We reserve the right to take legal action at the court district of the buyer.
3. German law will apply, excepting international trade and import laws, even if the buyer is located in a foreign country.

XI. Miscellaneous
1. The transfer of rights and responsibilites of the orderer in a way that varies from the original agreed contract with us require a written agreement.
2. If the buyer is reading these Terms and Conditions in a language other than that in which the contract is written, it is only provided in order to facilitate the comprehension of the reader. If there are disputes about the interpretation of these Terms and Conditions, only the version in the original language is legally binding.
3. If one of these stipulations is or becomes void by law, the other stipulations remain unchanged in validity and effect.


TELINJECT

(Veterinärmedizinische Spezialgeräte GmbH, Römerberg*ENGLISHE NAME*****)