General Terms and Conditions of the PharMediPack Direkt GmbH & Co. KG
1. Offers
Our offers are without engagement, unless they are expressly stated as a fixed offer. With the acceptance of the offer our general delivery and payment conditions are deemed accepted by the buyer. Different conditions of the buyer are only valid if they are confirmed in writing.
2. Orders
Orders and verbal agreements are binding only by our written confirmation.
3. Pricing
Our prices are generally ex works. Only our order confirmations are decisive for the pricing. Are the prices with freight charges, duties or others included on the goods dormant public charges, the incoming increases after the transaction are additional costs borne by the buyer.
4. Delivery
Stated delivery times are always approximate and not binding. Goods which are ready for shipment have to be retrieved from the buyer immediately. In the other case we are entitled to store them at the expense and risk of the buyer and to calculate them as delivered as ex works. We reserve the right to increase or shortage of up to 10% for production reasons.
5. Transport
If no instructions of the buyer are present, the choice of the itinerary and means of transport takes place by us without liability for cheapest and quickest transport. After proper delivery of our transmission in publicly approved transport facilities, to agents of the buyer or acting on behalf of us with the transport people, our services are fulfilled. The shipment is thus passed into the buyer’s risk.
6. Insurance
Insurance against common transport risks are covered only upon express request of the buyer by agreement from us. The costs are borne by the buyer.
7. Payment
Unless otherwise agreed, our invoices are payable within 14 days without any deduction. In case of non-compliance with the agreed dates, we are entitled without further notice to charge default interest at the usual bank rate. Likewise, we are entitled to the buyer for any further damage caused by delay, particularly for losses to be held liable.
8. Retention of title
We reserve the right in any case until payment of all our claims, including interest and costs.
9. Complaints
Obvious defects must be immediately reported to the seller in writing upon receipt of the goods. When the complaint is acknowledged, the buyer shall only be entitled to repair or delivery of replacement of the defective goods.
10. Fulfillment and Jurisdiction
Place of fulfillment is Stolberg. In case of delivery from external warehouses the respective storage location is considered for the delivery, but not for the payment as agreed. Jurisdiction is Aachen without regard to the amount in dispute.
11. Severability Clause
If any provision of these terms and conditions in whole or in part, is or becomes invalid or can not be performed, the validity of the remaining provisions will not be affected. The ineffective conditions shall be replaced by an appropriate regulation that comes to ideas from the seller as close as possible.