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GENERAL TERMS AND CONDITIONS (GTC)

AREA OF APPLICATION

1.1 The deliveries and performance of the MCD Medical Computers Deutschland GmbH occur exclusively to the following general terms and conditions and the regulations in the in each case valid specialized trade price-list, until in writing something else was agreed. To the licence terms being enclosed to the contract products of the manufacturers it is referred in addition MCD Medical Computers Deutschland GmbH does not recognize:

1.2 Standing in the way or from the general terms and conditions of the MCD Medical Computers Deutschland GmbH divergent conditions of the customer, unless, MCD Medical Computers Deutschland GmbH would have agreed expressly in writing to her validity. Changes and supplements of the contract need the written form. The general terms of business of the MCD Medical Computers Deutschland GmbH count also if MCD Medical Computers Deutschland GmbH explains the deliveries to the customer in knowledge of standing in the way or divergent conditions of the customer without reservation. Assents and additional agreements need the written confirmation of the MCD Medical Computers Deutschland GmbH.


DELIVERIES AND PERFORMANCES

1.3 the offers of the MCD Medical Computers Deutschland GmbH are not-binding and non-binding and get on provisory of the self supply by our supplier. A contract comes about only with the written confirmation of order of the MCD Medical Computers Deutschland GmbH, at the latest however, by acceptance of the delivery by the customer.

1.4 to the customer reasonable technical and formative divergences of information in prospectuses, catalogues and written documents as well as model changes, construction changes and material changes in the course of the technical progress and the other development are left, without out of this rights can be derived against MCD Medical Computers Deutschland GmbH.

1.5 The right to reasonable part deliveries and their invoicing is left to the MCD Medical Computers Deutschland GmbH expressly.

1.6 The date agreed for delivery count as kept if the contract product by the date agreed of delivery was handed over to the carrier, as far as no other explicit written arrangement was met. Delayed to itself the sending of the product ready for sending for reasons of which are not to be represented by MCD Medical Computers Deutschland GmbH, the contract products can be stored at the expenses of and danger of the customer.

1.7 the date of delivery is agreed after the prospective achievement property of the MCD Medical Computers Deutschland GmbH and gets on without obligations and provisory of timely self supply and unforeseen circumstances and obstacles, no matter whether these enter with MCD Medical Computers Deutschland GmbH or with the manufacturer, in particular higher power, state measures, non-granting of official approvals, labour disputes of every kind, sabotage, shortage of raw materials, blameless late material deliveries. Such events extend the date of delivery accordingly namely also if they appear during an already stamped delay. Also an extension in this case perhaps sedate by the customers is extended by the duration of the unforeseen event. Should MCD Medical Computers Deutschland GmbH get with a delivery more than four weeks in delay, the customer can withdraw after an in writing sedate, adequate extension to the exclusion of other claims from the contract. A claim of the customer on compensation because of delay of delivery is excluded in the case of usual carelessness, for the rest, the liability is limited to the height of the predictable damage, at most, nevertheless, on 5% of the value of delivery. MCD Medical Computers Deutschland GmbH reserves itself the right to withdraw from the contract if by one of the abovementioned events caused delay of delivery continues longer than six weeks and this is not to be represented by MCD Medical Computers Deutschland GmbH.


CHECK AND RISK CROSSING

1.8 The customer has to check the product immediately on receipt of and completeness and correspondence according to calculation and/or light of delivery. Recognizable defects of the product, wrong or incomplete deliveries, amount divergences or dimension divergences as well as transport and packaging damages are to be noted by the customer immediately with the arrival of the product on the shipping note or the light of delivery. If a rebuke ceases within six days so the product counts as proper and entire delivered, unless it concerns a lack which was not recognizable with the investigation.

1.9 inessential defects which do not impair the functional efficiency of the object of delivery entitle the customer not to a refusal of the decrease.

1.10 The danger goes with handing over of the contract product to the carrier, which representative or other persons who are named by MCD Medical Computers Deutschland GmbH, on the customer. As far as the dispatch is delayed itself without fault of the MCD Medical Computers Deutschland GmbH or becomes impossible, the danger goes over in announcement of the dispatch readiness on the customer. The regulations from 3.3 also count with returns after fault removal or payable service to the customer.


PRICES AND PAYMENT TERMS

1.11 The prices devoted from the in each case valid specialized trade price-list get on from supply depot brook Mönchengladbach. Value added tax and other legal deliveries in the supplier country as well as packaging, carriage, transport assurance, environmental-all-inclusive and winding up-all-inclusive are calculated to the customer according to the in each case valid specialized trade price-list.

1.12 MCD Medical Computers Deutschland GmbH reserves itself the right to raise the price appropriately if after end of the contract cost rises - enter in particular on the basis of price increases from the suppliers or from rate of exchange fluctuations - with MCD Medical Computers Deutschland GmbH. She will prove MCD Medical Computers Deutschland GmbH to the customer by request.

1.13 Provided that other is not agreed, payments are due 14 days after calculation position without every deduction. Calculation production occurs with delivery. Cheques are accepted only fulfillment-half. With excess of the payments MCD Medical Computers Deutschland GmbH is entitled without other reminder a claim to interests on arrears at the rate of 5% about the in each case valid minimum lending rate of the German Central Bank. All regulations which contain a reference to the minimum lending rate of the German Central Bank by the euro-introduction find application to the authoritative interest rate valid then / base interest rate sentence of the European central bank. The right for the assertion of a damage going out it remains untouched.

1.14 MCD Medical Computers Deutschland GmbH is entitled to credit payments at first on his older debts in spite of differently being regulations of the customer. If costs and interest have already originated from delay, MCD Medical Computers Deutschland GmbH is entitled to credit the payment at first on the costs, then on the interest and last on the main achievement.

1.15 A compensation or the assertion of a retention right because of from us not approved or not legally of ascertained counterclaims is excluded.

1.16 So far from the above payment terms without justifying reason becomes soaked off, MCD Medical Computers Deutschland GmbH can require any time optional delivery train around train against bar payment, payment in advance or security. All open demands, including those for which MCD Medical Computers Deutschland GmbH has taken in change or for which payment by installments is agreed become due immediately.
1.17 The lasted payment condition exists concerning from MCD Medical Computers Deutschland GmbH for every single order of awarded overdraft limit. With excess of the in each case topically agreed overdraft limit MCD Medical Computers Deutschland GmbH reserves itself to request for the remaining order value as a prepayment. In the case of an afterwards entering change of the qualitiy MCD Medical Computers Deutschland GmbH is entitled to request payment train around train against delivery or suitable security and to withdraw by non-fulfillment from the contract.

RETENTION OF TITLE

1.18 The contract product remains a property of MCD Medical Computers Deutschland GmbH up to fulfillment all, also of future demands from this contract and, in addition, from the whole business connection with the customer.

1.19 The customer is entitled until revoked to the passing on of the reservation product in the proper business dealings under retention of title, as far as he resells on his part under own retention of title, but not to the bailment or security conveyance in any form. With accesses of third to the reservation product the customer has to point to the property of the MCD Medical Computers Deutschland GmbH and to inform MCD Medical Computers Deutschland GmbH immediately.

1.20 With connection, processing or mixture of the reservation product with MCD Medical Computers Deutschland GmbH to belonging goods MCD Medical Computers Deutschland GmbH does not acquire joint ownership proportionately comparatively of the calculation value of the reservation product to the remaining product. Treatment and processing of the reservation product occur for MCD Medical Computers Deutschland GmbH as a manufacturer for the purposes of §950 Civil Code without obliging MCD Medical Computers Deutschland GmbH. In the processed product joint ownership of MCD Medical Computers Deutschland GmbH originates for the purposes of the preceding regulations. MCD Medical Computers Deutschland GmbH may enter

1.21 With default, also from other and future deliveries or achievements of the MCD Medical Computers Deutschland GmbH to customer, or with property decay of the customer for the assertion of the retention of title the offices of the customer and take the reservation product in itself.

1.22 The assertion of the retention of title or the distraint of the object of delivery by MCD Medical Computers Deutschland GmbH don´t count as a contract resignation, provided that the customer is a businessman.

1.23 the customer resigns his demands from the passing on of the reservation product in the respective calculation value of the reservation product already at the time of the order beforehand in MCD Medical Computers Deutschland GmbH. The customer remains entitled for the collection also after the cession. MCD Medical Computers Deutschland GmbH is collection-entitled of that in spite of within the scope of the proper commercial way, only use will do from this right, however, in case of the default or with an application for opening of the liquidation proceedings or settlement proceedings by the customer. By request from MCD Medical Computers Deutschland GmbH the customer will name the resigned demand, necessary information does, documents hand over and inform the debtors of the cession. MCD Medical Computers Deutschland GmbH may disclose for the protection of his payment claims any time this cession.

1.24 the choice of the securities to be released MCD Medical Computers Deutschland GmbH is incumbent. For the assessment of the securities the net list price counting at the moment the release desire of the MCD Medical Computers Deutschland GmbH is decisive with the reservation product, with resigned demands is to be gone out from the net invoice amount less a security reduction of 25%. If it concerns demands with which the buyer of the customer is already in default or facts are known, give the entitled reason for the acceptance that a failure is to be feared, the reduction amounts to 50%. With because of connection, mixture or processing only in the form of joint ownership to existing securities is to be gone out from the net list price of the product delivered by MCD Medical Computers Deutschland GmbH less a reduction of 25%.

1.25 for test purposes and demonstration purposes delivered objects remain in the property of MCD Medical Computers Deutschland GmbH. They may be used by the customer only on account of separate arrangement with MCD Medical Computers Deutschland GmbH after the test purpose and demonstration purpose.


WARRANTY

1.26 MCD Medical Computers Deutschland GmbH guarantees that the contract products are not afflicted with the essential defects to which also the absence of assured qualities belongs. The production of the products occurs with the compulsory care. Nevertheless, the parties are aware about the fact that it is not possible according to the state of the technology to exclude mistake of the software under all application terms.

1.27 MCD Medical Computers Deutschland GmbH guarantees that the contract products are described in the product information generally appropriately and are basically fit in this frame. The technical data and descriptions in the product information only show no assurance of certain qualities. An assurance of qualities in the legal sense is given only if the respective information was confirmed by MCD Medical Computers Deutschland GmbH in writing. MCD Medical Computers Deutschland GmbH takes over no guarantee for the fact that the program functions are enough for the requirements of the customer, or co-operate in the choice grieved by him.

1.28 are excluded from the guarantee in particular defects or damages which are up to go back: Company-conditioned wear and normal wear / improper use / operating error and careless behavior of the customer / company with wrong stream kind or – pressure as well as connection with inexpedient stream springs / fire, bolt of lightning, explosion or net-conditioned electrical surge / humidity of all kind / wrong or faulty program data, software data and/or processing data as well as any consumption parts, unless, the customer proves that these circumstances are not causally for the reprimanded lack. The guarantee is cancelled further if standard number, type name or similar signs are removed or are made unreadable.

1.29 Every guarantee obligation goes out, as far as in the criticized products improper repair or other works is explained by customers or third who are not authorized by MCD Medical Computers Deutschland GmbH.

1.30 the guarantee term amounts 24 months and begins with danger crossing. This term is a period of limitation and also counts to the application of lack secondary damages, as far as no claims from unauthorized action are asserted. Guarantee claims are not transferable. No matter MCD Medical Computers Deutschland GmbH transmits any further guarantee and guarantee assents of the manufacturers in the full circumference to the customer without answering for himself. 1.31 in the guarantee case finishing touches or spare delivery occurs after choice of MCD Medical Computers Deutschland GmbH. Substituted parts go over in the property of MCD Medical Computers Deutschland GmbH. Not removing Falls MCD Medical Computers Deutschland GmbH of defects within an adequate, in writing sedate extension, the customer is entitled to require either the cancellation of the contract or an adequate decrease of the purchase price.

1.32 in case of the finishing touches MCD Medical Computers Deutschland GmbH takes over the labour cost. All other costs of the finishing touches as well as the additional costs linked with a spare delivery, in particular the carriage for the spare part, carries the customer, as far as these other costs do not stand to the order value except relation.

1.33 Proving the examination of a fault announcement that a guarantee case is not is entitled MCD Medical Computers Deutschland GmbH to require all expenditures substituted. Costs of the examination and repair are calculated for the in each case valid service prices of the MCD Medical Computers Deutschland GmbH.

1.34 Everything next or other than the claims intended in these regulations of the customer, immediately for which legal argument, are excluded, as far as from these regulations something else does not arise.

1.35 by claim of the guarantee / guarantee as well as with repair orders liable to pay costs and returns of every kind the customer has to follow the winding up guidelines of the customer service in the in each case valid version or the suitable methods in the in each case valid MCD Medical Computers Deutschland GmbH specialized trade price-list. To assert a guarantee claim, it is basically necessary to add the defective part a mistake description with information of the model number and standard number and the copy of the light of delivery or the calculation with which the device was delivered.


COMMERCIAL PROJECTIVE RIGHTS AND COPYRIGHTS OF THIRD

1.36 MCD Medical Computers Deutschland GmbH for the fact that the contract products injure no commercial protective rights or copyrights of third. The customer has to inform MCD Medical Computers Deutschland GmbH of all claims upraised against him that's why immediately.

1.37 So far the delivered products according to draughts and instructions of the customer are made, has to release to the customer MCD Medical Computers Deutschland GmbH from all claims which are asserted by third on account of the injury of commercial protective rights and copyrights. Any legal costs are measured to bevorschussen. ??


LIABILITY AND FURTHER GUARANTEE

1.38 So far from these regulations nothing else arises, further claims of the customer - immediately for which legal argument - are excluded. Therefore, MCD Medical Computers Deutschland GmbH does not stick for damages which have not originated in the object of delivery themselves in particular MCD Medical Computers Deutschland GmbH does not stick for escaped profits or other property damages of the customer. The exclusion in particular also counts to claims because of fault by completion of the contract, injury of accessory obligations and product liability according to §823 Civil Code.

1.39 This liability free drawing does not count if the damage cause is based on intention or coarse carelessness. She does not count further when the customer asserts compensation claims because of non-fulfillment because of the absence of a quality protection enclosing the secondary damage risk.

1.40 Provided that injure the MCD Medical Computers Deutschland GmbH negligently a contract-essential duty, the obligation to indemnify is limited for material damages and personal damages by MCD Medical Computers Deutschland GmbH on the spare achievement of his product liability insurance. The obligation to indemnify is limited, in any case, on at the time of the completion of the contract predictable damage.

1.41 preceding disclaimers of liability and limitations do not count to claims according to product liability law or because of initial incapacity or from MCD Medical Computers Deutschland GmbH of impossibility to be represented. As far as a liability is excluded from MCD Medical Computers Deutschland GmbH or is limited, this also counts to the personal liability of the employees, employees, employees, representatives and fulfillment assistant.

1.42 compensation claims are to be indicated MCD Medical Computers Deutschland GmbH immediately in writing, without out of this rights can be derived against MCD Medical Computers Deutschland GmbH.


EXPORT AND IMPORT APPROVALS

1.43 Von MCD Medical Computers Deutschland GmbH delivered products and technical know-how are determined for the use and for the whereabouts in the supplier country agreed with the customers. The reexportation of contract products - individually or in system-integrated form - requires a license for the customer and is defeated basically by the foreign trade regulations of the Federal Republic of Germany or the other with the customer of agreed supplier country. The customer has to do administration, Washington, D.C to himself about these regulations independently after German regulations at the federal exportation office (BAFA), Frankfurt Street 29-35, 65760 Eschborn/Taunus, after US regulations with the US-Department of Commerce, office of export. 20230, enquire. No matter whether the customer gives the final destination of the delivered contract products, it is incumbent upon the customer in own responsibility, to catch up if necessary to necessary approvals of the in each case responsible foreign trade authority, before he exports such products.

1.44 Every wide delivery of contract products by customers into three parts, with or without knowledge of the MCD Medical Computers Deutschland GmbH, it needs at the same time the transference of the export approval terms. The customer sticks for the proper attention of these conditions compared with MCD Medical Computers Deutschland GmbH.


EC-IMPORT SALES TAX

1.45 So far the customer his seat beyond the federal republic of Germany has, he is obliged to the observance with regard to the regulation of the import sales tax of the European Union. Moreover in particular the announcement of the sales tax identification number belongs in MCD Medical Computers Deutschland GmbH without separate inquiry. The customer is obliged to give the necessary information concerning his quality as an enterpriser, concerning the use and the transport of the delivered goods as well as concerning the statistical obligatory registration in MCD Medical Computers Deutschland GmbH on inquiry.

1.46 The customer is obliged to substitute for any expenditure - in particular a handling charge - which originates with MCD Medical Computers Deutschland GmbH from defective or faulty information of the customer to import sales tax.

1.47 any liability of MCD Medical Computers Deutschland GmbH from the results of the information of customers to the import sales tax or the relevant data moreover is excluded, as far as from MCD Medical Computers Deutschland GmbH intention or coarse carelessness is not.


GENERAL REGULATIONS

1.48 The customer is not entitled to resign his claims from the contract.

1.49 Place of fulfillment and legal venue is brook Mönchengladbach if the customer independent commercial agent is. Nevertheless, MCD Medical Computers Deutschland GmbH is entitled to sue the customer in any other legal legal venue.

1.50 It counts the right of the Federal Republic of Germany. The Viennese UN agreement (UNCITRAL) is excluded.

1.51 the order winding up occurs within the enterprise group with the help of automatic data processing. Herewith the customer gives his explicit approval with the processing of the MCD Medical Computers Deutschland GmbH within the scope of contractual relations known and for the order winding up to necessary data. The customer also agrees with the fact that MCD Medical Computers Deutschland GmbH from the business connection with him to preserved data uses for the purposes of the data protection act for business purposes of MCD Medical Computers Deutschland GmbH also within the enterprise group.

1.52 having to do one or several regulations of these general terms of business is ineffective or will contain or this contract text a regulation gap, the parties to a contract will substitute for the ineffective or incomplete regulation with adequate regulations or complement which correspond to the economic purpose of the artificial regulation as much as possible. The validity of the remaining regulations remains untouched of it.

 

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