|5. Shipping and Storage Risk Involved|
Every consignment shall leave our works at the full expense and full risk of the Purchaser. This shall also apply in cases of force majeure and in the case of other unavoidable occurrences or infringements. Unless otherwise agreed, we shall select the appropriate mode of shipment and shall insure the consignment for the invoice value, door-to-door. Goods in intermediate storage shall be insured only up to 30 days.
The Purchaser shall furnish written proof of any damage or shortage immediately upon receipt of the consignment. Sample consignments and goods on consignment shall be transported and stored at the Purchaser's risk. Unless otherwise agreed in the particular case, it shall be hereby agreed, unless we are informed otherwise, that the Purchaser has purchased the consignment outright unless it has been returned no later than one month subsequent to the date of invoice.
The amount in question shall then be payable immediately. Any impairment of value and all costs of return shipment shall be borne by the Purchaser.
6. Return Shipments
The Purchaser may not refuse to accept or pay for goods delivered as per order. We shall accept returns only if we have confirmed this in the individual case in question. Proof of the delivery date of the returned items shall be furnished. We may implement price deductions depending on the age and condition of the goods.
If the reason for the return is not attributable to a fault on our part, we shall be entitled to bill a processing charge of up to 20%, in addition to the costs of removing required markings. We shall be liable for returns at the earliest after they have been received undamaged on our premises. The costs of transportation shall be borne by the returning party.
Implant packages that have been opened cannot be taken back for reasons of legal liability.
7. Customised Goods
By placing his order, the Purchaser undertakes to always accept and pay for the customised goods, and he shall not reject the goods in the case of slight tolerances between ordered and delivered quantities. Complaints shall be accepted only if proof is furnished that the products manufactured by us differ obviously and appreciably from the order specifications. The Purchaser shall be liable for ambiguous order specifications.
We shall recognise objections with respect to delayed delivery only if we have unconditionally pledged to deliver on a particular date and only after an appropriate period of grace.
The prices of customised goods shall be based upon the original costs incurred for the particular order and which are recognised by the Purchaser upon placement of his order. Generally, such prices will be far higher than those of comparable standard items. The actual prices, after final production, may exceed or be less than the prices calculated in advance at the request of the Purchaser. These quotes shall be only approximately binding. We may demand 50% of the anticipated invoice value as a prepayment by way of security.
We are not obliged to check whether third party industrial property rights are violated nor whether the prescribed design may lead to claims for compensation under liability laws. The Purchaser shall be solely responsible and liable for this, and we, inasmuch, hereby refuse to accept liability for products in this respect.
8. Liability for Defects
Complaints due to obviously defective or abnormal qualities of the goods or due to delivery of goods that are obviously different from those ordered can be made by the Purchaser in writing as soon as the goods are received, but no later than within one week of receiving the goods or after the defect has become obvious.
The Purchaser must inspect the goods as soon as they are received and check them for material defects, e.g. in quantity and quality, and is obliged to record obvious defects upon receipt of delivery.
We undertake to repair or exchange free of charge defective products returned to us.
Period of warranty generally is one year from date of delivery of the goods. On no account shall we be liable for defects and damage which may occur outside our premises as a result of transportation and subsequent storage, improper handling, incorrect use or other tampering with the supplied item that changes the guarantee or as the result of wear.