This is an English translation for information purposes only.
For all legal purposes reference should be made to the German original.
Comprehensive sales and delivery agreement of the AMERICAN DENTAL SYSTEMS GmbH, a limited liability corporation
1. Overview, General Terms and Conditions
1.1. A contract of sale can be created as follows: By written order, order by telefax, e-mail and through the online shop. An order confirmation must be given in text form. By telephone order: The customer service representative of ADS will take the order over the phone. Orders during events: The customer service representative of ADS will take orders during events.
1.2. ADS sells and delivers to non-retail customers (independent, free lancers, traders) unless specifically stated in our general terms and conditions of sale.
1.3. The AGB of the other contracting parties (buyers, sellers) will not be of any force and effect.
Our listed prices are valid until the conclusion of the contract, when the terms and conditions have been met and the sale is final. The price list can be seen at our online shop. The website is at: http://www.touchgrip.de. The grounds for changes in the listed price are: fluctuations in the exchange rates of currencies or changes in prices by the supplier to ADS.
3. Freight and Shipping Costs
Upon delivery to the customer, the total freight and shipping costs are payable. The charges include delivery costs from the factory or the supplier’s warehouse to ADS. The charges will be accordingly calculated and payable by the customer.
4. Assumption of Risk
The liability for damages to the goods becomes the responsibility of the purchaser when they have been given to the freight forwarder. This is not valid if the buyer is the consumer.
5. Reservation of Ownership
5.1. Until the delivered goods are paid for in full, they remain the property of ADS.
5.2. Extended reservation of title: The contracting party is allowed to modify or sell the goods in accordance with the normal business practices of their firm or business practices. When modifications are made to the products, the purchaser has taken possession of the goods, and upon payment in full, ownership. If ADS is requested to modify the product, the published price list does not apply.
6. Invoice and Correspondence
Irrespective of the method by which the order was placed, the invoice will be electronically transmitted unless a printed invoice is specifically requested by the contracting partner.
7. Return of Goods
ADS is not obliged nor required to accept the return of the goods. However, ADS will handle this in order to maintain good will. This is done for the purposes of maintaining customer relations and does not imply or recognize any legal obligation.
8. Liability for Damages
To the extent that any liability has not been ruled out by preceding provisions of this AGB, ADS can only be held responsible for any claimed defects of the products in the following circumstances: By the breach of so-called cardinal regulations, if caused by our advice or gross negligence, by injury to the body or health of a person.
9. Final Provisions
9.1. Agreement on Jurisdiction
By accepting this AGB, all persons, whether business people, judicial entities, or entities recognized as persons under the law, agree that any disputes about this contract be adjudicated in the courts in Munich, Germany, Federal Republic of Germany.
9.2. Choice of Law
The parties agree that the only laws applicable to this agreement are the Laws of the German Federal Republic. The provisions of the UN Sales Law, CISG, do not apply to this contract, per the agreement of the parties.