General conditions for ordering goods and services “General purchasing conditions” of MOBIL+MED AG
The following conditions apply exclusively and are part of all offers and contracts for deliveries and services from us.
- Offers and orders
Our offers are always subject to change unless they are declared binding by us in writing. Unlimited offers expire after 90 days. Orders, changes to orders and additions as well as verbal agreements and promises of any kind, including those from people working for us in the field, are only binding for us in written form.
Unless otherwise agreed, the prices offered or confirmed are net prices plus VAT. Our prices are “ex works” Bottighofen.
- Payment terms
Die Zahlungsbedingungen sind jeweils abhängig vom Rechnungsbetrag und der Gegenpar-tei. Ausgelieferte Ware bleibt bis zum vollständigen Zahlungseingang Eigentum des Auftrag-nehmers.
- Delivery times
The prerequisite for compliance with delivery deadlines is that the customer fulfills his obligations in a timely manner and that we ourselves receive deliveries correctly and on time. Delivery times are extended appropriately - even if there is a delay in delivery - in the event of force majeure, labor disputes, operational disruptions and other events beyond our control. We are then entitled to withdraw from the contract in whole or in part without becoming liable for damages. We are not liable for delays in postal or transport.
- Limitations of Liability
The MOBIL+MED AG is in no way liable for any damage or recourse to people, animals and facilities caused by incorrect use. The purchaser is obliged to observe and comply with the instructions for use. The MOBIL+MED AG Furthermore, is not liable for damages that are attributable to one of the following causes: • improper, non-contractual or unlawful storage, adjustment or use of the products; • Use of incompatible replacement parts or accessories (e.g. power supply); • improper modification or repair of the products by the customer or a third party; • Force majeure, in particular natural, moisture, fall and impact damage, etc., which are not caused by MOBIL+MED AG are to be represented and official orders
The goods delivered by us must be checked upon receipt. Possible complaints regarding quality must be made in writing and no later than 7 days after receipt, otherwise the delivery is deemed to have been accepted.
We offer a 24-month guarantee, excluding wearing parts. In the event of justified complaints in accordance with point 6, we reserve the right to deliver a replacement within a reasonable period of time.
- Right of withdrawal
The customer only has the right to withdraw from the contract in the following cases, excluding any further rights against us. (see point 4)
If the customer/buyer makes an untruthful claim:
- not a citizen of the USA,
- not a US green card holder,
- no residence in the USA,
- no residence in the USA's sphere of influence,
- no account in the USA,
- not to have an account within the US sphere of influence, or
- working for a US company
no contract comes between him and MOBIL+MED AG conditions and becomes legally ineffective from the start. The goods will be delivered immediately MOBIL+MED AG handed over and their current value will be refunded.
This procedure is for the MOBIL+MED AG the only realistic possibility of avoiding legal disputes caused by such contractual partners, which are listed under 2.1.-7. described could be triggered. As is known from many practical examples, US tort law does not agree with ours Legal understanding compatible.
- Fulfillment and jurisdiction
The place of performance for both parts is Bottighofen. The Frauenfeld Commercial Court is responsible for adjudicating disputes unless otherwise agreed. However, we reserve the right to take legal action at the place of residence or company headquarters of the purchaser. Place of operation is Bottighofen. Only Swiss law applies.
- Retention of title
The delivered goods remain the property of until full payment has been made MOBIL+MED AG.
- Final provisions
10.1 If individual parts of these General Terms and Conditions of Purchase are legally invalid, this will not affect the effectiveness of the remaining provisions. 10.2 Placing an order includes the customer's acceptance of these general terms and conditions.
10.3 The exclusive place of jurisdiction is Frauenfeld CH Canton TG. However, we reserve the right to assert our claims at any other permissible place of jurisdiction.
10.6 Swiss law applies exclusively in the canton of Thurgau, excluding the UN Convention on Contracts for the International Sale of Goods of April 11, 1980.
Bottighofen in December 2022