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Terms and conditions

 

1. Quotations

are subject to change and are not binding.

2. Orders and agreements, price adjustments

(also those agreed with our representatives) shall only be legally binding if confirmed by us in writing or fulfilled by acceptance of the goods. In the event that expenses, such as costs for raw materials, energy, wages or freight increase between the time of order and delivery, we have the right to increase the price accordingly, even if a price was previously explicitly agreed. If the price increases by more than 10% within four months after the agreement, the costumer may rescind from the contract by submitting a written statement. If only part of the delivery is affected by the price adjustment, the withdrawal will only apply to this part.

3. Obstruction of delivery

Cases of force majeure, business disruption, lack of raw materials, suppliers' failure or delay of delivery and transport difficulties exempt us from the duty to deliver for the duration of the disruption. If the disruption lasts for more than two months, we have the right to withdraw from the contract.

4. Delivery time

The quoted delivery time is non-binding. However, the delivery will be carried out within eight weeks after the delivery time stated in the contract. Section 3 remains unaffected. A guarantee for compliance cannot be provided. Compensation due to late or non-delivery cannot be awarded, unless we are guilty of intent or gross negligence. The buyer may only withdraw from the contract after granting a grace period of up to one month by registered mail.

5. Complaint / Notice of defects

In case of apparent faults, complaints can only be considered within 8 days of the receipt of goods or 8 days after their detection if faults are hidden, and only if they are made in writing to the supplier and not to the sales representative. Customary deviations do not entitle the purchaser to objections. In the event of a substantiated complaint, we are only obliged to take back the goods and at our own discretion, either cancel the asking price or deliver replacement goods free of defects. Any further claims by the purchaser, in particular for damages of any kind, are excluded. Items that are not delivered as requested as a result of wrong specifications provided by the purchaser cannot be returned. Subsequent changes will be carried out at the customer's expense.

6. Shipping

Leaving our company, shipping takes place at the risk of the recipient, despite the agreed delivery price being carriage free. Unless a specific kind of delivery has been requested, the type of shipping and packaging are at our discretion. Depending on the choice we make, the goods will be posted carriage free or delivered by courier free-of-charge. Special delivery conditions additionally apply to orders of small quantities.

7. Payment

All prices are in EURO. VAT will be charged separately. Term of payment: Our invoices are payable within 14 days with 2% discount or 30 days net from the invoice date. All payments are to be made exempt from postage and charges. A discount will only be deducted from the net invoice amount if all the customer's previous deliveries have been settled in full. We will charge a late payment fee of at least 5% above the German Central Bank's interest rate. Prepayment or cash on delivery (COD): For new customers, we reserve the right to deliver only upon pre-payment or cash on delivery. A COD fee will be charged. Bills of exchange or cheques are only accepted on account of performance. Bills of exchange are only accepted after agreement, within 10 days of the invoice date and in addition of the usual bank interest rate and charges. The purchaser is to replace these cash expenditures by return of mail. In case of a payment delay of more than 15 days, all other invoices that are not yet due for payment will become due immediately. Our claims can only be met with a counterclaim or the right of retention if the counterclaims are undisputed or have been legally confirmed.

8. Reservation of title

We reserve title for delivered goods until all claims arising from the business relationship have been settled. The purchaser must neither pledge the supplied products nor assign them in security. Seizures by third parties have to be reported to us immediately. Up to the complete payment, the customer may only sell the reserved goods within the scope of an orderly business operation and as long as he is not in default. If the buyer acts contrary to contract, particularly regarding delayed payment, our consent to resell the retention of title goods to a third party expires immediately.
A particular withdrawal of resale permission on the part of the seller is not required. In the event that delivered goods are processed by the customer, this will be done on behalf of the vendor in his capacity as manufacturer. If the delivered goods are pledged, confiscated or reclaimed in a similar way by third parties, the buyer is obliged to notify to the seller immediately. In any case, the goods remain property or joint property of the vendor. If the buyer acquires ownership by law by combining, blending or processing, it is agreed that the buyer at the time of the transfer of ownership to the buyer shall again obtain ownership or joint ownership on each of the new products. In this instance, the buyer has the obligation to store the goods as long as he is the actual owner, and assigns all claims directed to him, in particular the claim for return, to us as long as a third party is in the possession of the goods.
Receivables arising from the sale of our goods are considered as assigned to us from the moment of their origination. At our request, the customer is obliged to make the garnishee known to us, including first and last name, address and amount of debits, and to inform the garnishee about the subrogation and to demand their immediate payment to us. Any assignment in advance is not permitted.

9. Place of performance and jurisdiction

Place of performance and exclusive place of jurisdiction for deliveries and payments, as well as for all disputes arising between the parties, including proceedings arising out of non-payment of cheques or bills of exchange, irrespective of the dispute value, shall be Wuppertal.

10. Modifications and objections

to our terms and conditions are only valid when they have been confirmed by us in writing. Silence shall not be regarded as consent.