MEDIS Medical Technology GmbH

MEDIS Medical Technology GmbH

Adalbert-Stifter-Strasse 12
D-94234 Viechtach / Germany
Dpt. Marketing and R&D
Bachstr. 9
D-35418 Buseck / Germany

R&D and Manufacturing Company for St. St. Products and Instrument-Systems

CEO / Managing Director: Hanne Weber
Trade Register I.D.: Deggendorf / Germany HRB 3402
VAT I.D. Number: DE 257 930 159
Manufacturer I.D.: Germany 21659

Phone: 0049 / 6408 / 5035-0
Fax: 0049 / 6408 / 5035-15

-Supporting Member of the International Society for Anatomy and the German VDP Association-

T E R M S   O F   S A L E

1. Payment Terms
Terms are subject to approval of MEDIS Medical Technology GmbH‘s credit department. On first orders terms are pre-payment. After your first order, you can complete a credit application to open a NET 30 day account. Foreign shipments require payment in advance by wire transfer or letter of credit.

2. Freight
All priced items are EXW Point of Origin. Freight will be added to the invoice.

3. Shipments
Purchaser may select a carrier for shipments of orders and arrange pickup of merchandise from our facility. In the event your order does not indicate or request a carrier, MEDIS Medical Technology GmbH will select one. MEDIS Medical Technology GmbH is not responsible for delays in shipping and will not be held liable for damages caused by delays in shipments.

Except for obligations stated under warranty, our responsibility for
products ceases upon delivery to the carrier. The unloading of the shipment is the responsibility of the buyer. In the event of loss or damage during shipment, your claim should be made against the carrier. If notified, MEDIS Medical Technology GmbH will render all possible assistance in securing the claim.

4. Damaged Merchandise
INSPECT YOUR SHIPMENTS IMMEDIATELY. Notify the delivering carrierimmediately of any damage. All damages, whether apparent at time of delivery or concealed must be reported to the delivering carrier within 48 hours. Do not accept a damaged or short shipment without noting on bill of lading.

5. Changes / Cancellations
Changes may be subject to additional charges to be determined at the time of the initiated changes. Cancellation requests from the purchaser require the written consent of MEDIS Medical Technology GmbH. Material accepted for credit is subject to a minimum service charge of 30% plus freight. Custom ordered products may not be returned for credit. The purchaser shall be
liable for reasonable costs and expenses incurred by MEDIS Medical
Technology GmbH prior to notice of cancellation. This amount shall not be less than 30% of the value of the goods ordered.

6. Returns
Merchandise that has been ordered from MEDIS Medical Technology GmbH and has proven defective may be returned to MEDIS MT within 30 days for replacement or adjustment, subject to the following conditions:

Products acceptable for full credit
1. Products not supplied in accordance with the customer’s orders.
2. Products which are defective at the time of receipt by the customer.
3. Returns other than the above are subject to a maximum 30%
restocking charge.

Products not acceptable for full credit
1. Products which have been discontinued.
2. Products which are personalized or customized.
3. Non-MEDIS MT products which are supplied to a customer as an
4. Products not purchased through MEDIS MT.
5. Any product which has been used or without the original packaging.

7. Prices
prices are individually priced, unless otherwise noted. At the time of
publication, all catalog list prices are current. Not responsible for
typographical errors.

8. Taxes
Any taxes or any other governmental charge upon production, sales and / or shipment of goods sold hereunder, now imposed by federal, state or municipal authorities, or hereinafter become effective, shall be added to the price herein and shall be paid by the buyer.

9. Invoicing
MEDIS Medical Technology GmbH will invoice upon completion of fabrication. Materials stored 30 days after invoicing will be assessed a minimum 2-1/2% per month storage fee per order. Additionally, no shipments will be made for any past due accounts. In the event that the buyer has a dispute with the invoice or the invoice amount, buyer must notify MEDIS Medical Technology GmbH within seven (7) days of receipt of the invoice. Failure to notify MEDIS Medical Technology GmbH of any dispute within (7) days constitutes
agreement with the final invoice.

10. Acceptance
Receipt of our price list does not constitute an offer to sell. All orders are subject to acceptance by MEDIS Medical Technology GmbH.

11. Cost of Collection
The buyer agrees to pay all reasonable attorney’s fees and other costs of collection. Purchaser agrees that any claim, dispute or controversy arising out of or relating to this transaction shall be made or brought solely and exclusively in the state or federal court having jurisdiction in Deggendorf, Germany. Purchaser hereby consents to personal jurisdiction in said forum.

12. Warranty
MEDIS Medical Technology GmbH warrants, to the original purchaser, that any standard product it manufactures is free from defects in materials and workmanship. The duration of this warranty is 12 months from the date of shipment. In the event that the purchaser discovers the products to be defective in materials or workmanship it must notify MEDIS Medical Technology GmbH in writing within 14 days and under no circumstances more than 14 days after the end of the 12 month warranty period. After notification in writing MEDIS Medical Technology GmbH, at its sole discretion, will correct any defect in materials or orkmanship by repair or replacement of the defective product or refund the purchase price of the defective product. These remedies are the exclusive remedies for the breach of the foregoing warranty. This warranty covers only such products that are manufactured by MEDIS Medical Technology GmbH and does not extend to such
products used as component parts in equipment. Component parts will fall under its said manufacturers warranty. MEDIS Medical Technology GmbH specifically excludes all other warranties whether expressed or implied. This warranty is void for products which operate under other than design load ratings and operating conditions.

13. Material & Finishing Changes
We reserve the right to make changes at any time, without notice, in
specifications and design or to discontinue items and new designs. As part of our continuing development process to improve all of our products, all fabrications are subject to change without notice.

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