Impressum

Stapleline GmbH
Managing director: Werner Boxbücher

Address:
Bessemer Straße 30
44793 Bochum
Germany
Phone: +49 (0) 234. 936 487 00
Fax: +49 (0) 234. 936 487 12

Trade register:
Amtsgericht Bochum HRB 10891

Tax No.: 306 5866 0574
Int. Tax No.: DE 814 684 907

Webconcept: Lars Morawe
Coding: Mirko Radtke

Disclaimer

As a content provider as defined in article 8 of the German Teleservices Act (Teledienstegesetz, TDG), Stapleline GmbH is responsible for its "own content", which it makes available for use. Although all content is carefully checked and continuously updated, no guarantee can be given that the information provided is complete, accurate, or current. Stapleline GmbH is therefore not liable for damage or loss arising in connection with the use of such content.

Own content shall be distinguished from hyperlinks that enable access to content provided by third parties. By its use of hyperlinks, Stapleline makes available "third-party content" for use. Such hyperlinks are marked in the following way: (EXTERNAL LINK). By its use of hyperlinks, Stapleline provides access to use third-party content (article 9, Teleservices Act). Stapleline is not responsible for this third-party content, as Stapleline neither instigates the transfer of information, nor selects the addressee to whom the information is transferred, nor selects or modifies the information transferred. Furthermore, as the call and linking (referencing) method used by Stapleline does not result in any automatic and temporary storage of third-party information by Stapleline, Stapleline cannot be deemed responsible for such third-party content.

Hyperlinks are always references to "living" (dynamic) Internet sites of third parties. Although Stapleline examined the third-party content when it was first linked to determine whether it would establish liability under civil or penal law, Stapleline is not obliged to continuously monitor the third-party content which it has linked on its website for alterations that may give new grounds for liability. Only when Stapleline discovers or is made aware by others that specific web content, to which Stapleline has provided a link, establishes civil or penal liability, shall Stapleline block this content insofar as this is technically feasible and can reasonably be expected. Technical feasibility and reasonable expectation shall not be affected by the fact that access to the illegal or criminal content may still be possible from other servers despite Stapleline having disabled access to it from its own website.

© 2013 Stapleline GmbH.

 

General Terms and Conditions of Stapleline Medizintechnik GmbH
(Status: 03/2013)

Article 1 Scope of conditions
(1)Offers, acceptance of offers, order confirmation or the sale of any Products, in as far as they do not materialize through our online-shop, are subject to the following terms and conditions. Other general terms and conditions of the Buyer shall not be accepted. These General Terms and Conditions shall also apply to any future transactions and declarations of intent between the customer and the seller.
Individual contractual agreements shall only be effective in writing.
(2)Any mistakes due to errors in sales brochures, price lists, tender documents or other documentation of the Seller may be corrected by him without being held responsible for damages resulting from these errors.Article 2 Orders and tender documents (1)Orders of the Buyer shall only then be deemed accepted by the Seller if they have been accepted by the Seller or his representative within 14 days of their submission in writing.
(3)The ordering party shall bear the responsibility regarding the accuracy and completeness of orders. It is the Buyer’s responsibility to complete a possibly incomplete order in time taking into account the agreed shipping date.
(4)The Seller reserves the right to amend the description of goods in view of the specification in as far as statutory requirements have been taken into account providing that no deterioration of the order occurs with regard to quality and usefulness.

Article 3 Selling price and terms of payment
(1)Unless otherwise agreed in writing, the invoices of the Seller are due and payable immediately after receipt without deduction.
Prices are exclusive of VAT, which the Buyer has to pay in addition to the Seller.
Unless otherwise offered by the Seller or agreed in writing, all prices mentioned by the Seller are “ex works”.
Payment by check or bill of exchange is only permissible if agreed in writing and shall only be accepted as a conditional payment.
(2)If the Buyer does not comply with his obligation to pay on the due date, the Seller maywithdraw from the contract at his discretion after prior written notice - without prejudice of any other vested rights and claims which may apply - or suspend further deliveries to the Buyer or charge the Buyer with interest on the unpaid amount, at 8% p.a. above the respective base interest rate of the ECB until the final and complete payment has been made. The Buyer is entitled to keep evidence that as a result of the delay in payment no or only slighter damage has been caused.
(3)The Buyer is only entitled to offset, retain or reduce the purchase price, even if defects, complaints or counterclaims are asserted, if the counterclaims are legally established or acknowledged by the Seller. The Buyer is entitled to withhold payment against claims from the same contractual relationship if the breach of duty is based on an essential contractual obligation.

Article 4 Delivery of goods
(1)Delivery dates and delivery deadlines are only binding if they are confirmed according to individual contracts in writing. In case the Seller does not deliver on time, the Buyer must allow the Seller a grace period in writing, after which he may withdraw from the contract. Instead of the performance, the Buyer may claim damages, provided the Seller is responsible for the delay.
(2)In case of force majeure or due to events, which not only temporarily substantially impede delivery of the Seller or make it impossible, such as strike, lockout, official court orders, etc., even if they affect the Seller's suppliers or sub-suppliers, the Seller cannot be held responsible for such delays. The delivery dates and deadlines shall be extended by the period of the inability to supply plus a reasonable run-up period to this time. The Seller is also entitled to withdraw fully or partially from that part of the contract which is not fulfilled.
(3)If the Buyer is in default of acceptance on the due date, he must nevertheless still pay the purchase price. In this case, the Seller shall take the goods into storage at the risk and cost of the Buyer.
(4)The Seller shall determine the type of delivery unless otherwise agreed in writing according to the individual contract. The Seller shall pay all freight costs in the domestic market, the Buyer shall pay all shipping charges in foreign transactions. The Buyer will pay the freight charges for express deliveries requested by the Buyer or in all other types of delivery incurring additional costs. 
(5)The risk of damage or loss of the goods passes to the Buyer upon delivery. The transfer is made with the acceptance of the goods by the carrier, unless it is agreed otherwise in individual cases.
(6)The Seller is entitled at all times to make partial deliveries and part performance which is usual in the industry, unless partial delivery or part performance is not of interest for the Buyer.

Article 5 Returns of sterile products
(1)The groundless return of sterile products is fundamentally excluded.
(2)The return of sterile products is only then admissible if the corresponding legal requirements concerning product defects or deficient supply apply or if a wrong amount was delivered.
(3)Should the Seller be prepared to accept return of sterile medicinal products in goodwill, the following conditions must be satisfied without this having to be agreed in an individual contract:
The original packing was not opened; no external damage to the packaging and the product is recognizable, the packaging is clean and no more than 8 calendar days have passed between the delivery of the goods to the Buyer and the day of return.

Article 6 Warranty and disclaimer
(1)The Buyer must examine the goods according to Articles 377, 378 HGB and must lodge a written complaint about any defects, otherwise the Buyer shall be excluded from making any corresponding reprimand and warranty claims.
(2)The Seller ensures that the delivered goods are free from material and workmanship defects. He shall assume responsibility for the approved purpose of the product – all other responsibility shall be waived.
(3)If the purchased item is defective, the Buyer may demand as supplementary performance the rectification of the defect or the supply of defect-free goods at his discretion.
In as far as a defect exists for which the Seller is responsible and this has been communicated to the Seller, the Buyer is entitled to free replacement or rectification of the defect. If the Seller is not prepared to remedy the defect, or in a position to replace the delivery, the Buyer is entitled to demand that the contract be cancelled. Non-defective partial deliveries are not affected by this unless the partial delivery or the partial performance is of no interest to the Buyer.
(4)A liability of the Seller does not exist if product defects have occurred due to incorrect use, misuse, negligence or for any other reasons.
(5)An exemption of liability by the Seller is then inadmissible if one defect has been caused intentionally or by gross negligence or if other essential contractual obligations have been violated.

Article 7 Retention of title
(1)Until all receivables including all balance claims from current accounts have been satisfied, which for legal reasons the Seller is entitled to now or in the future against the Buyer, the purchased item shall remain the property of the Seller.
(2)The buyer may use or sell the goods in the normal business operations until complete payment has been made.
Pledges and transfers by way of security are inadmissible. The respective or resultant receivables, or those resulting for other legal reasons (insurance, unauthorized action) concerning the reserved goods (including all balance claims from current accounts) are now already assigned by the Buyer as a surety fully to the Seller who herewith accepts this assignment.
Receivables resulting from resale shall also be assigned to the Seller; the property of the Seller shall continue in the form of these receivables. 
The Seller irrevocably authorizes the Buyer to collect the receivables assigned to the Seller for his account and in his own name. This direct debit mandate can only then be withdrawn if the Buyer does not duly comply with his payment obligations.
(3)In case of pledges or other interventions by third parties, the Buyer shall notify the Seller immediately so that the Buyer can take action according to Article 771 Code of Civil Procedure (ZPO). If the Buyer does not this comply with this requirement, he is liable for the incurred damage.

Article 8 Change of characteristics
The Seller is entitled to change and improve the goods without having prior informed the Buyer of this, as far as changes or improvements neither permanently hinder nor worsen the form or function of the purchased item.
These conditions replace all other agreements, which the contracting parties have previously agreed in writing or verbally and which become ineffective from the effective date of these conditions.

Article 9 Liability
(1)Claims for damages are excluded irrespective of the type of breach of duty including unauthorized actions, which are not due to intentional or gross negligent actions, or result in injury to life, body or health.
(2)In the case of violations to essential contractual obligations, the Seller is liable for each case of negligence, however, only to the extent of the foreseeable damage. Claims for loss of profit, expenses saved, third party compensation and other indirect and consequential damages cannot be demanded, unless a characteristic feature guaranteed by the Seller is intended to protect the Buyer against such damage.
(3)The limitation of liability and exclusions in Sections (1) and (2) does not apply to claims with a liability for guaranteed characteristic features, for claims according to the Product Liability Act and damages resulting from injury to life, body or health. This also applies to salaried workers, employees, representatives and the vicarious agents of the Seller. 

Article 10 Governing law; place of jurisdiction, partial invalidity
(1)These Terms and Conditions are subject exclusively to German Law; the provisions of the UN Sales Convention do not apply.
(2)Both parties declare themselves in agreement with the exclusive place of jurisdiction of the headquarters of the Seller (Bochum), in as far as the legal requirements are satisfied. The Seller also has the right to sue at the responsible place of jurisdiction of the Buyer at any other court which could be responsible according to national or international law.
(3)Should one or more of the provisions of these Terms and Conditions be or become ineffective or impracticable, the remaining provisions of these Terms and Conditions shall not be affected by this or the contract to which they refer. The ineffective or unenforceable provision shall be replaced by one which comes closest to the originally intended purpose.

Article 11 Severability clause
Should one of the provisions of these General Terms and Conditions be ineffective, the remaining provisions shall not be affected by this.