1. The products and goods we supply comply with the technical product information and operating instructions, and are thus suitable for the intended use. The products have no additional suitability or properties.
2. No warranties or assurances regarding suitability, quality or possible uses are offered unless expressly specified in writing by authorised representatives in an authorised number.
3. Information provided in text or image form (e.g. descriptions, illustrations or drawings) through catalogues, brochures, presentations, patient information, other advertising material, our website, or in any other pre-contractual context does not constitute guarantees of quality or durability and thus does not constitute a quality agreement.
4. We are not liable for the success of the treatment options described. We are also not liable for improper and inappropriate use, in particular improper use by the customer or third parties or faulty or negligent treatment and handling, in particular by untrained personnel. In particular, the products and goods may only be used for the specified purpose and in accordance with the surgical instructions.
5. Even if samples or specimens have previously been provided, the customer is obliged to examine the delivered goods for completeness or correctness immediately upon receipt. The delivery will be considered approved if no complaint is received within 48 hours after receipt of the goods at the destination, or within 48 hours of its discovery if the issue was not detectable through a proper inspection. In any case, such complaints must made in writing, electronically, or via fax. If complaints concerning additional volumes are not submitted within 48 working hours of the goods being received at the destination, they are considered approved. Our external sales staff members are not authorised to accept such complaints.
6. The customer is responsible for storing the goods properly for the intended purpose and observing our directions, instructions and warnings. Within their area of responsibility, the customer must ensure that all relevant legal approvals and standards are present for the storage and use of the goods.
7. In the event of a justified complaint, the customer initially has only one claim to supplementary performance, which we may fulfil through our choice of either repairs or delivery of a defect-free item. If we elect to deliver a defect-free item, the customer must return the delivered, defective goods to us. We are entitled to refuse supplementary performance if it is disproportionate. If subsequent performance has failed (Section 440 BGB) or is previously rendered superfluous due to sentence 2, the customer shall be entitled to reduce the purchase price or, at its discretion, to withdraw from the contract. Claims for damages are generally excluded in this case; Section IX below shall apply in this respect.
8. If the customer accepts defective goods even though they are aware of the defect, they are only entitled to the rights and claims for defects if, upon acceptance, they reserve such rights and claims due to the defect.
9. Any claims of the customer due to defects in the goods, including consequential damage caused by defects, shall lapse within one year starting from the date of delivery. Liability for defects according to statutory provisions shall remain unaffected. Liability for defect-related claims is governed under Section X.
10. The customer’s claims due to defects cannot be assigned to third parties.
11. Defective goods may only be returned upon prior agreement with us.