General terms and conditions for suppliers and services to companies and customers

 

For Supplies and Services to Companies

General Standard Business Terms and Conditions for Supplies and Services

The following terms and conditions shall apply to all offers and agreements with regard to i3 Membrane GmbH (hereinafter referred to as i3 Membrane) supplies and services to entrepreneurs within the meaning of Section 14 of the German Civil Code [BGB].

§ 1 Conclusion of Contract/Offer
The documents belonging to the offer/agreement – such as diagrams, drawings and measurements – shall only represent approximate determinations if they are not expressly designated as binding. Drawings and diagrams shall remain the property of i3 Membrane. i3 Membrane reserves the right to make changes to the product within the course of further developments provided use of the product for the customary purpose or the purpose indicated by the customer is not impaired.

§ 2 Price/Shipment/Scope of Delivery/Packaging
i3 Membrane is responsible for selection of the packaging for the respective delivery items. If the customer requires shipment, then this shall be carried out at the customer's risk. The customer shall be responsible for disposal of any resultant packaging.

§ 3 Liability for Defects
As a rule i3 Membrane shall be liable for defects for a term of one year as of delivery. If a defect is involved that is not insignificant, then i3 Membrane shall choose between subsequent delivery and reworking within the scope of subsequent performance. The customer shall be entitled to claims for damages instead of performance only insofar as deliberate or grossly negligent violation of duty on the part of i3 Membrane is involved, unless the violated duty stands in mutual relationship to the customer's obligations and requires reciprocal performance or is of fundamental importance for protection of the customer or proper execution of the agreement is then only possible through fulfillment of this obligation and the customer thus rightfully relies on compliance with this obligation.

In accordance with statutory provisions i3 Membrane shall be liable for violation of the remaining obligations if these obligations are violated by its legal representatives or management personnel. In the event of violation of these remaining obligations by simple vicarious agents, i3 Membrane shall only be liable in the case of gross negligence and intent. The same shall apply to claims for damages based on tort and to claims for damages due to actions on the part of the vicarious agents of i3 Membrane. i3 Membrane shall not be liable for atypical and thus hardly foreseeable damage.

The law shall apply without reservation for claims in accordance with product liability law.

In the case of culpable injury to life, limb or health i3 Membrane shall be liable within the scope of statutory provisions.

§ 4 Retention of Title
i3 Membrane shall reserve ownership of all delivery items up to receipt of the complete payment.

§ 5 Statute of Limitations
Any claims on the part of the customer – for any legal reason whatsoever – shall fall under the statute of limitations in one year. Claims based on intent or gross negligence as well as claims in accordance with product liability law shall be excluded; statutory periods shall apply in this case.

 

For Supplies and Services to Consumers

General Standard Business Terms and Conditions for Supplies and Services

The following terms and conditions shall apply to all offers and agreements with regard to i3 Membrane GmbH (hereinafter referred to as i3 Membrane) supplies and services to consumers within the meaning of Section 13 of the German Civil Code [BGB].

§ 1 Conclusion of Contract/Offer
The documents belonging to the offer/agreement – such as diagrams, drawings and measurements – shall only represent approximate determinations if they are not expressly designated as binding. Drawings and diagrams shall remain the property of i3 Membrane. i3 Membrane reserves the right to make changes to the product within the course of further developments provided use of the product for the customary purpose or the purpose indicated by the customer is not impaired.

§ 2 Price/Shipment/Scope of Delivery/Packaging
i3 Membrane is responsible for selection of the packaging for the respective delivery items. If the customer requires shipment, then this shall be carried out at the customer's risk.

§ 3 Payment
Reference shall be made to the fact that payments are due without deduction fourteen days following receipt of the invoice without a reminder being required, Section 286 Paragraph 3 of the German Civil Code [BGB].

§ 4 Right of Revocation
Reference shall be made to the fact that delivery involves a medical product, reprocessing shall be excluded and the customer shall only have a right of revocation insofar as the original packaging has not been damaged. However, if the original packaging has been opened or damaged, then no right of revocation in accordance with Section 312 g Paragraph 2 No. 3 of the German Civil Code [BGB] shall obtain.

§ 5 Liability for Defects
As a rule i3 Membrane shall be liable for defects for a term of one year as of delivery. If a defect is involved that is not insignificant, then i3 Membrane shall choose between subsequent delivery and reworking within the scope of subsequent performance. The customer shall be entitled to claims for damages instead of performance only insofar as deliberate or grossly negligent violation of duty on the part of i3 Membrane is involved, unless the violated duty stands in mutual relationship to the customer's obligations and requires reciprocal performance or is of fundamental importance for protection of the customer or proper execution of the agreement is then only possible through fulfillment of this obligation and the customer thus rightfully relies on compliance with this obligation.

In accordance with statutory provisions i3 Membrane shall be liable for violation of the remaining obligations if these obligations are violated by its legal representatives or management personnel. In the event of violation of these remaining obligations by simple vicarious agents, i3 Membrane shall only be liable in the case of gross negligence and intent. The same shall apply to claims for damages based on tort and to claims for damages due to actions on the part of the vicarious agents of i3 Membrane. i3 Membrane shall not be liable for atypical and thus hardly foreseeable damage.

The law shall apply without reservation for claims in accordance with product liability law.

In the case of culpable injury to life, limb or health i3 Membrane shall be liable within the scope of statutory provisions.

§ 6 Retention of Title
i3 Membrane shall reserve ownership of all delivery items up to receipt of the complete payment.

§ 7 Statute of Limitations
Any claims on the part of the customer – for any legal reason whatsoever – shall fall under the statute of limitations in one year. Claims based on intent or gross negligence as well as claims in accordance with product liability law shall be excluded; statutory periods shall apply in this case.

Issue: October 2016