The following general terms and conditions apply to all current and future purchase contracts, deliveries, and other services of Projekt Gesundheit Consulting GmbH, Dorfstraße 9d, 14913 Niederer Fläming-Schlenzer with its business customers, unless otherwise expressly agreed.
Our sales and services are handled exclusively in accordance with these terms and conditions. Consequently, by placing an order, buyers give their implicit, complete, and unrestricted consent to these terms and conditions. No special terms will be accepted without our formal, written consent.
All orders must be made by letter, email, fax, or directly with our sales team. Once finalized, an order may no longer be canceled; the total price of the equipment will be charged to the buyer and is immediately payable. In the event of a deterioration in the buyer’s ability to pay or if we have reasonable grounds to believe that the buyer will be unable to pay the price as agreed, we reserve the right to cancel a current order, even if finalized, or demand an enforceable guarantee or payment in full before delivery.
If the customer or the type of transaction requires payment in advance, the acceptance of the order is subject to timely payment.
Projekt Gesundheit Consulting GmbH works exclusively with business customers.
4. Terms of delivery
Delivery will be made either by direct delivery of the equipment to the purchaser or by handing the equipment over to a delivery service or freight forwarder at our premises.
5. Delivery schedules
5.1 Delivery dates are given as precisely as possible. Delivery at a later date does not entitle the buyer to any claims for damages, the right to retain payments, or to cancel the order, unless we have expressly otherwise agreed. We are entitled to make complete or partial deliveries. We may be released from our obligation to deliver in case of force majeure or in case of accidental event such as lack of adequate labor, political events, irregularities in the supply of raw materials, interruption or delay of transports, etc. that affect either us or our suppliers. In such cases, we are entitled to suspend our obligations and extend the agreed delivery dates or terminate sales and delivery contracts.
5.2 In any case, timely delivery is only possible if the buyer has fulfilled its obligations towards us.
6. Costs and risks in connection with the delivery
The delivery is deemed to have taken place as soon as the transporter has taken possession of the goods. The goods are transported at the recipient’s risk, regardless of the mode of transport or its payment terms. It is the responsibility of the receiving party to make all checks of the goods upon arrival, to communicate any concerns, and to file claims against the carrier as necessary within the statutory deadlines. In the event of a problem, the customer must inform us by post or by email (email@example.com) within 24 hours of receiving the package
Without prejudice to the terms and conditions of the carrier, complaints concerning obvious defects or the failure of the delivered equipment to conform with the the equipment ordered or issues with the delivery note must be made within 8 (eight) days of delivery. After this date, no further complaints on such matters will be accepted.
We guarantee all of our products. This warranty is for a period of 24 months from the invoice date for each device. This warranty covers parts and labor in our workshops. No claims related to required repairs or consequential damages will be accepted. The warranty does not apply to damage caused by negligence during assembly or installation or by incorrect operation. The warranty does not apply to the usual wear-and-tear parts.
To file a warranty claim, the device must be returned to Projekt Gesundheit Consulting GmbH. Repairs outside the warranty are offered on the basis of a cost estimate.
For any defects in the equipment, Projekt Gesundheit Consulting GmbH will endeavor to obtain the fastest possible repair or replacement from the manufacturer. No claims for damages or potential loss of earnings will be accepted by Projekt Gesundheit Consulting GmbH or the manufacturer.
Any warranty claim must be made in writing and will only be met if the buyer has fulfilled its financial obligations towards us. Errors and damage caused by normal use, external influences, improper installation, opening of and intervention with the device by third parties are not covered by the warranty.
Projekt Gesundheit Consulting GmbH assumes no liability with regard to the competition law examination of the statements made in the advertising materials. Please have them checked by a lawyer before use.
The devices will be delivered at the price valid on the day of order.
The prices are ex works and do not include statutory VAT. Shipping and packaging costs are calculated separately and depend on the respective logistics costs.
11. Payment terms
Unless otherwise agreed, each payment must be transferred to the account specified on the order form. Invoices can be settled using one of the following payment methods:
- a) Payment when ordering (bank transfer)
- b) Debt financing (finance company).
They will be shipped with a transporter; the transport costs are borne by the customer.
12. Late payment or insolvency
In the event of late payment, we may suspend all outstanding orders without any other action being taken. Any amount not paid by the due date of the invoice shall be subject to default interest at the rate of 6% from the due date. No further notice is required. In the event the buyer fails to pay within forty-eight hours following the reminder, we may automatically cancel the sale at our discretion and demand the return of the equipment without prejudice to any other claims for damages. Failure to meet a single payment deadline will result in the total balance immediately coming due upon demand in writing. The same applies to any change affecting the buyer or its solvency. In all the above cases, the sums owed for other reasons or for other cases will be due immediately even if we do not decide to cancel the corresponding orders.
The buyer is obliged to pay all collection costs incurred by our legal department, including a collection fee equal to 20% of the outstanding balance. The payments may not be suspended or made a part of a claim for damages without our prior written consent.
If the customer is in default, we will charge default interest of 6% p.a.
13. Retention of title
We retain title (ownership) of the equipment until full payment is received. Any demand to surrender the goods to which we retain title does not constitute a cancellation or termination of the sales contract.
We may demand their surrender or otherwise repossess them if the buyer fails to meet one of its obligations and if we have valid reasons to believe that the buyer will not be able to meet the payment deadlines as agreed. All costs associated with the repossession of the devices shall be at the buyer’s expense. Projekt Gesundheit Consulting GmbH is entitled to carry out all necessary formalities without the cooperation of the customer in order to enforce their claim to ownership. In particular, it is entitled to register the reservation of title in the corresponding register without the participation of the customer.
14. Data protection
We point out that the data collected in the context of entering into a contract with us will be processed and used to fulfill our obligations undertaken therein. The data necessary to provide our services and to fulfill the contract may also be passed on to service partners we hire such as logistics companies, service partners, debt collection agencies, including those in countries which do not have equivalent data protection regulations. By giving its consent to these terms and conditions, the customer gives its consent to this use and processing of its data.
Software delivered, but not manufactured by Projekt Gesundheit Consulting GmbH is subject to copyright. The customer accepts the respective license terms when purchasing such licensed products. No claims for damages or potential loss of earnings will be accepted by Projekt Gesundheit Consulting GmbH or the manufacturer as a result of using the software.
16. Place of performance, place of jurisdiction, applicable law
The place of performance for all obligations arising from the contractual relationship with us and the place of jurisdiction for all disputes arising therefore shall be the headquarters of Projekt Gesundheit Consulting GmbH:
Projekt Gesundheit Consulting GmbH
14913 Niederer Fläming-Schlenzer
Should individual provisions of these conditions be wholly or partially ineffective, the remaining provisions shall not be affected.
18. Amendments to these terms and conditions
Projekt Gesundheit Consulting GmbH reserves the right to make changes to our website, our rules, and conditions, including these terms and conditions, at any time. Orders are always subject to the terms and conditions in force at the time of order.