1. Scope
2. Conclusion of contract
3. Withdrawal from Contract
4. Prices
5. Delivery
6. Fulfilment and dispatch
7. Warranty and Liability
8. Payment
9. Retention of title
10. Test equipment
10. Place of performance and jurisdiction
10. Final Provisions<\/p>\n\n\n\n
<\/p>\n\n\n\n
<\/p>\n\n\n\n
BHM-Tech Produktionsgesellschaft mbH (hereinafter referred to as \u201eBHM\u201c or \u201ethe Seller\u201c) supplies medical supply products - hearing aids, associated accessories, and spare parts. These terms and conditions of sale and delivery apply to all contracts for the supply of goods concluded between an entrepreneur (hereinafter referred to as \u201ethe Customer\u201c) and the Seller. The inclusion of the Customer's own terms and conditions is hereby contradicted unless otherwise agreed in writing. Amendments and additions shall only be effective if the Seller gives its express written consent.<\/p>\n\n\n\n
A consumer, for the purposes of these terms and conditions, is any natural person who enters into a legal transaction for purposes that cannot be attributed predominantly to either their commercial or their independent professional activity.<\/p>\n\n\n\n
For the purposes of these terms and conditions, an entrepreneur is a natural or legal person or a partnership with legal capacity who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction. BHM, based on these delivery conditions, supplies exclusively to entrepreneurs who resell the products as dealers. By placing an order, the buyer confirms that they are an entrepreneur in the above sense.<\/p>\n\n\n\n
Offers from BHM require written form to be binding.<\/p>\n\n\n\n
The customer may confirm acceptance of the offer by signing and sending it via fax, email, or post.<\/p>\n\n\n\n
Subsequent amendments and additions to the contract require written confirmation from BHM to be valid. <\/p>\n\n\n\n
Copyright and industrial property rights relating to the offers, as well as any associated drawings, pictures and descriptions, are vested in BHM.<\/p>\n\n\n\n
The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply by upstream suppliers. This only applies if the non-delivery is not the responsibility of the seller and the seller has concluded a specific cover transaction with the supplier with due care. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately, the new delivery date will be announced, and a later delivery or subsequent delivery shall be deemed agreed.<\/p>\n\n\n\n
Unless otherwise agreed in writing, all prices from BHM are ex-works Grafenschachen, excluding packaging, loading, disposal costs, transport, insurance, shipping, handling fees, and statutory value-added tax. Furthermore, BHM reserves the right to increase prices accordingly if the suppliers' prices or personnel costs for training etc. increase, and if more than 3 weeks elapse between the time of the customer's order and the agreed delivery date.<\/p>\n\n\n\n
The delivery period begins no earlier than:<\/p>\n\n\n\n
Agreed delivery periods are subject to unforeseeable circumstances or circumstances for which BHM is not responsible, such as all cases of force majeure, strikes, war, civil unrest, natural disasters, local interventions and bans, transport and customs delays, transport damage and transport blockades, IT disruptions, etc. These circumstances also entitle an extension of the delivery period if they occur at BHM's suppliers. BHM will inform the customer about delivery delays caused by such circumstances as soon as possible.<\/p>\n\n\n\n
BHM is entitled to carry out and charge for partial or advance deliveries. Claims for damages due to delivery delay can only be asserted if such an agreement has been concluded separately in writing, or if the delivery delay is exclusively attributable to wilful or grossly negligent fault on the part of BHM, or to wilful or grossly negligent fault on the part of its vicarious agents.<\/p>\n\n\n\n
Unless otherwise agreed in writing, BHM delivers ex works (EXW, Incoterms 2010) on account or in advance, at the buyer's risk, without its own packaging. All costs for transport, postage, packaging, loading, and disposal shall be borne by the buyer, unless otherwise agreed. Packaging will be charged at cost price, including disposal and licensing fees, and will not be taken back. Insurance costs will be charged to the buyer as a lump sum. If the customer does not wish to have insurance, this must be communicated in writing, and the customer shall have no further claims in this regard.<\/p>\n\n\n\n
If dispatch is delayed due to circumstances attributable to the buyer, delivery shall be deemed to have been made upon notification of readiness for dispatch. The ordered goods shall then be retained by BHM at the buyer's expense and risk. If delivery on call has been agreed, the goods shall be deemed to have been called off no later than 1 year after the order. The agreed payment terms shall not be changed by such a default in acceptance. Unless expressly agreed otherwise in writing, delivery will be made in the supplier's original packaging by BHM.<\/p>\n\n\n\n
The seller's instructions regarding use and maintenance, as well as the user manual, must be strictly adhered to (otherwise warranty claims will be forfeited).<\/p>\n\n\n\n
Further claims, particularly for damages, lost profits, or consequential damages arising from slight or gross negligence, unless it is manifestly gross, are excluded. The warranty expires if the buyer or a third party makes alterations, repair attempts, or repairs to the delivered items themselves. No warranty is assumed for repair orders, modifications, or alterations. Furthermore, for businesses, the obligation to notify defects applies according to \u00a7 377 UGB; otherwise, they can no longer assert claims for warranty, for damages due to the defect itself, or from error.<\/p>\n\n\n\n
Any further use must cease immediately upon discovery of the defect, and accidental use must be prevented by appropriate labelling and BHM must be informed immediately; no liability is accepted for damage caused by continued use after discovery of the defect.<\/p>\n\n\n\n
The invoices issued by BHM are, unless otherwise agreed in writing, payable nett without any deductions and free of expenses upon receipt, unless otherwise agreed.<\/p>\n\n\n\n