General terms and conditions
May 14, 2018
The following General terms and conditions apply to sales from AUROSAN to buyers based outside Germany, within the EU. Deviating Terms and Conditions of the buyer or changes and additions to our Terms and Conditions are only valid to the extent in which they have been explicitly accepted by Aurosan in writing.
For the use of and purchase of products via our webshops www.aurosan-shop.de and www.revois-dental.com, different Terms and Conditions apply which can be accessed there.
Our products may only be re-sold in their original package and not in parts, and with forwarding of the instructions for use. Any changes modifying the medical device including the replacement of an inner or outer packaging, and any change to the labelling or branding are not permitted.
3. Order quantities
The minimum order quantities (MOQ), multiples thereof, communicated on our sales quota and price lists have binding character. Purchase orders deviating from these will be automatically increased to the next higher multiple of the MOQ.
The prices communicated on our price lists are valid only for domestic sale. Prices may be increased at our discretion and any time. Invoices are set in EURO (€) according to the prices in force at the date of invoicing, and VAT as applicable.
5. Supply and deliveryFreights charges, insurance, and custom duties are always at bill and risk of the buyer. If not instructed differently by the buyer, we ship uninsured.
For domestic orders of less than € 75 net value, an additional € 5.90 net will be charged. For orders from outside Germany we will always charge freight and export related administration costs. If not agreed differently, we deliver Ex Works, Essen (Incoterms 2000).
Upon our request, the buyer must provide us with a proof of permission to purchase / acquire the products.
We will carefully select the appropriate packaging and delivery conditions. The buyer, giving us notice with the order, may organize himself the pick-up of product. The order is fulfilled and the goods are delivered once the goods are handed over to the distribution service provider ex works.
At our discretion we may decide to refuse delivery of ordered goods or to deliver only after pre-payment. All fees related to this are to be borne by the buyer.
Employees of the seller are not allowed to receive payments. Payments may only be made as follows:
We will provide the buyer with the proforma-invoice and ship the goods after receipt of payment. Usually we request pre-payment for any first new order, and for any order from outside EU.
6.2 Direct debit:
Our direct debit permission form is available for download at www.aurosan.de.
Purchase via invoice is possible only if the buyer`s invoice address is within Germany.
Payments are due 30 calendar days after the date of invoicing, and without any deductions. Reference day is the day of payment credit to our bank account.
6.4 We do not accept cash or check payments.
6.5 Late payments will be fined with interest charges of 5% over Deutsche Bundesbank interest base rate. We explicitly reserve all rights to claim further damages.
7. Complaints and Product Returns.
Complaints on the quantity of goods delivered can only be accepted if we have received written notice within 3 working days from delivery of the goods.
Obviously damaged goods have to be claimed to the distributing service provider.
Return of purchased goods free of defect is excluded.
Return of cool-storage products, sterile goods, or any medical drugs is excluded. The same applies for any product with broken seal or damaged primary or secondary packaging.
Prior to any return of goods our written consent is mandatory. If nevertheless products are returned without our written consent or not free of charge, we are not obligated to accept, store, refund nor to replace such goods. The risk and cost of returning goods is always borne by the buyer.
8. Property & rights over the goods
Goods delivered remain AUROSAN property until all invoices due from the buyer are fully paid and irrevocably credited to the AUROSAN account.
Bailments, security transfers, provisions and any other extraordinary rights of disposal are prohibited. The buyer is obligated to inform AUROSAN in time prior to third parties seizing the reservation of ownership over the goods. The buyer is further obligated to insure the unpaid goods against damage. In case of damage he will instantly transfer the granted damage claims without deduction to AUROSAN.
9. Company logo and trademarks
Our products, company name and logo are property of AUROSAN and legally protected. The content of our publications in print or online media are protected by copyright. The use of any protected content except for proper re-sale each time requires our prior written consent. This includes the use of product names, product pictures, company name and logo on product packaging, labels, service and marketing materials, pictures or films.
10. Data privacy
Applicable law: German law, excluding the UN Convention on Contracts for the International Sale of Goods. Jurisdiction: Courts of Essen, Germany.
Should one or more terms of these General Terms and Conditions be found invalid, then this will not question the validity of the other terms.
Frankenstr. 231 - D-45134 Essen
Tel. +49 (0)201 21961-701
Fax +49 (0)201 21961-731
Registergericht Essen, HR B24458
Geschäftsführer: Dr. Michael W. Delfs