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General Terms and Conditions of FAMECO GmbH

Preliminary remarks

The deliveries, services and offers of Fameco GmbH take place exclusively on the basis of these general terms and conditions.

These general terms and conditions only apply to entrepreneurs, legal entities under public law or public law.

Conflicting or discretionary terms of business or purchasing from the customer is hereby expressly contradicted, unless Fameco GmbH expressly approved their validity in writing. Such consent only applies to the individual case, not for previous or future services. These general terms and conditions also apply if Fameco GmbH, according to conflicting or deviating conditions of the customer, executes the delivery to the customer without reservation.

Object of the contract

The subject of the contract is solely the delivery of the goods or the service defined in the respective item description. Drawings, illustrations, dimensions or other performance data are only binding when confirmed in writing by Fameco GmbH.

Contract services that are not listed in the article description, in particular the ones that are made known for advertising purposes are only part of the object of the contract if Fameco GmbH confirms this in writing.

In principle, only the characteristics listed in the order confirmation are considered to be the nature of the contractual subject.

Fameco GmbH supports the contractual items in accordance with the applicable maintenance regulations or the medical device operator ordinance. Maintenance will be provided within the usual working hours by appointment with the customer.

The general services include the provision of workers for the provision of services, the provision of the tools required for maintenance, as well as measuring and control instruments.

The maintenance services include the functional control with checking the operating data, information about any required repairs and retrofit work.

If a maintenance is carried out, it is determined that the end of the person can no longer be used, and conversion or recovery is no longer possible, the contractually agreed flat rate is still due.

Fameco GmbH is entitled to transfer the implementation of the work in whole or in part to its representations.

Performance requirements​

The following points are a prerequisite for the contractual service provision by Fameco GmbH: 

The customer only uses the contractual items as intended. Technical interventions or changes as well as maintenance and repair work on the contractual objects may only be carried out by specialist staff during the service life.

Scope

The following general terms and conditions regulate the contractual relationship between us (Fameco GmbH, Neumarkter Str. 34, 81673 Munich) and entrepreneurs who buy goods from us or order services. Terms and conditions of the customer or customers or other third parties do not apply, even if we have not contradicted your validity in individual cases. Even if we should refer to a letter that contains or refer to the terms and conditions of the customer or other third parties, it does not consent to the validity of those terms and conditions. This is expressly contradicted, unless Fameco GmbH has expressly approved such different terms and conditions.

All deliveries and services take place exclusively on the basis of the following general terms and conditions in their version valid at the time of the order.

Oral or telephone agreements as well as all other explanations, in particular side agreements and changes to the contract require the written form of the effectiveness. This also applies to the cancellation of this clause. The same applies to any commitments, advice and explanation of the staff of Fameco GmbH.

If individual provisions are or become ineffective, the other conditions are not touched on this.

The contract language is German. The law of the Federal Republic of Germany.

Conclusion of the contract

All offers, including those that are made on behalf of Fameco GmbH, are subject to change and non -binding. A contract is only concluded as legally binding if it has been confirmed or carried out by Fameco GmbH in writing.

The catalog representation of the range does not represent a binding contract offer. By sending an order to Fameco GmbH, he provides a binding offer. Fameco GmbH reserves the free decision to accept this offer.

A contract only concludes if we accept your order by declaring acceptance or by delivering the ordered items.

In the event of export transactions abroad, the contract is concluded by email. Shipping takes place after full payment.

Technical data and descriptions in the product information are not an assurance of certain properties. A assurance is only given when confirmed in writing.

By sending an order by fax, email or by phone, the customer gives a legally binding order. The customer is tied to the order for a period of two weeks after submitting the order, the date of the fax or email input is bound by us or the time of the telephone order acceptance by us. The existing right, if necessary, to cancel the order remains unaffected.

We will immediately confirm the access of the order submitted by fax, email or by telephone. In such a confirmation, there is still no binding acceptance of the order, unless the acceptance is explained in addition to confirmation of access.

We only accept orders from abroad in writing (by fax, by email, by post).

If the delivery of the ordered goods or services is not possible, for example because the corresponding goods are not in stock or the performance cannot be offered, we will refer to a declaration of acceptance. In this case, a contract does not come about. We will inform the customer immediately and reimburse the consideration that has already been received.

All agreements made between Fameco GmbH and the customer when the contract concludes require the written form. Fameco GmbH employees are not entitled to agree on changes or additions to the contract without observing the written form. If the order confirmation of Fameco GmbH contains writing or printing errors or if the price festival is based on technically-related transmission errors, Fameco GmbH is entitled to contest. Payments that have already made will be reimbursed to the customer immediately.

Events

Maintenance dates are coordinated between the contracting parties. The contracting parties immediately inform themselves if the agreed date cannot be met. If the devices to be waited despite the appointment is not available (e.g. decommissioning, other loss), the contractually agreed flat rates, along with any waiting time, must be paid.

Impossance regulation and force majeure

If compliance with the contract is prevented or delayed by force majeure, industrial action or other circumstances, Fameco GmbH can adequately shift the provision of the service. We will inform the customer about such circumstances in good time.

Fameco GmbH is not liable for non -fulfillment or the late provision of obligations from the purchase contract if this is based on events that are outside the appropriate sphere of influence of Fameco GmbH and we are not responsible, such as: B. illegal strikes, unrest, uprisings, war, terrorism, fire, explosions or natural events such as floods, storms, earthquakes ("force majeure"). This does not apply if Fameco GmbH has given a guarantee. In the event of force majeure, Fameco GmbH is released from its service obligation for the duration that lasts the event, provided that Fameco GmbH continues to make economically appropriate efforts to perform. We are entitled to withdraw from a purchase contract if the event that justifies force majeure lasts for more than 30 days.

Right of withdrawal

Consumers (i.e. a natural person who gives the order for a purpose that cannot be attributed to their commercial or independent professional activity) is entitled to a right of withdrawal in accordance with the statutory provisions.

If the consumer makes use of the right of withdrawal in accordance with section 1, it must bear the costs of the return.

For the rest, the regulations apply to the right of withdrawal, which are reproduced in detail in the following cancellation policy

Right of withdrawal

Consumers have the right to revoke this contract within 14 days without giving reasons.

The cancellation period is 14 days from the day on which the consumer or a third party named by him, who is not a carrier who has taken possession.

In order to exercise the right of cancellation, we must be informed about the decision to cancel this contract by means of a clear written statement (e.g. a letter sent by post, fax or email). If this option is made use of this option, we will immediately (e.g. by email) send confirmation via the receipt of such a revocation.

To maintain the cancellation period, it is sufficient to send the notification of the exercise of the right of cancellation before the cancellation period expires.

If the contract is revoked, we will only pay back all payments we have received, immediately and at the latest within 14 days from the day, on which the notification of your revocation of this contract has been received. For this repayment we use the same means of payment that was used in the original transaction, unless something else has been expressly agreed. We can refuse the repayment until we have returned the goods or until the proof has been provided that the goods were returned, depending on which the earlier time is.

The goods must be returned to us immediately and in any case within 14 days from the day we were informed of the revocation of this contract. The deadline is preserved if the goods were sent before the deadline of 14 days.

The customer bears the immediate costs of returning the goods.

The customer only has to pay for any loss of value of the goods if this loss of value is due to the quality, properties, properties and functioning of the goods that are not necessary.

Delivery conditions and reservations of the prepayment

Fameco GmbH is entitled to partial deliveries and partial services, unless the partial delivery or partial service is not reasonable for the customer.

The delivery period is around ten working days unless otherwise agreed. Subject to the regulation of other regulations, it begins with the conclusion of the contract.

When ordering customers with residence or business abroad or in the event of a reasoned clue for a risk of payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (reservations of the prepayment). If we make use of the prepayment of the prepayment, we will immediately inform the customer. In this case, the delivery period begins with the payment of the purchase price and the shipping costs.

Compliance with the delivery obligation requires timely and proper fulfillment of the customer's obligations. The exception of the unfulfilled contract remains reserved. The customer insures correct and complete address data. If there are additional costs for shipping due to incorrect information, e.g. shipping costs incurred again - the customer has to bear it.

If the customer comes in default of debtors or acceptance, the risk of a random transition or a random deterioration of the goods is transferred to the customer at the time when he is in debt or acceptance.

The agreed delivery periods and appointments are always considered non -binding, unless something else has been expressly agreed in writing. The agreed delivery period has been met if Fameco GmbH has announced the completion and willingness of the goods to the customer until it is completed and willing to collect the goods, unless a delivery or chic debt has been agreed in exceptional cases.

If the goods are sent to the customer at the customer's request or at a delivery location named, the risk of accidental loss or the random deterioration of the goods passes to the customer as soon as the goods have been transferred to the person executing the transport Sending the camp of Fameco GmbH. This applies regardless of whether the goods are sent from the place of performance and who bears the transport costs.

Operating disorders, lack of energy or raw materials, traffic disorders, insofar as such events were not predictable, as well as strikes, lockouts, official dispositions and cases of force majeure exempt the party affected by the obligation or acceptance for the duration of the disruption and to the scope of their effects . If this delays the delivery or acceptance by more than three months, each of the parties is entitled to withdraw from the contract with regard to the amount affected by the delivery or acceptance disorder.

In the event of deliveries abroad, the customer undertakes to take into account the respective customs and import regulations and other regulations. Any costs for customs, import, warehouse and other fees incurred by delivery abroad must be borne by the customer; Any taxes must also be paid by the customer.

Deliveries, insofar as nothing deviating has been agreed, are made from the company headquarters of Fameco GmbH, which is also the place of performance. The place of performance is also the company headquarters of Fameco GmbH if freight -free delivery has been agreed. At the customer's request, the goods will be sent to another destination (shipping purchase). Unless otherwise agreed, Fameco GmbH is entitled to determine the type of shipment (in particular transport companies, shipping route, packaging).

The risk of random deterioration of the goods passes to the customer at the latest when the goods are handed over. When buying a shipping, the risk of random loss or the random deterioration of the goods and the risk of delay is already transferred to the customer with the delivery of the goods. If the customer is delayed by acceptance, the danger goes to the customer from the start of the delay.

If an ordered goods are not available because Fameco GmbH is not supplied by his pre -supplier without fault of Fameco GmbH despite the contractual obligation by the front supplier, the delivery time can extend. Fameco GmbH will inform the customer immediately.

Prices and shipping costs

All prices in our catalog are net prices exclusive of statutory sales tax and are plus shipping costs incurred. The shipping costs are sent with the preparation of the offer.

The prices mentioned in the product portfolio are valid until revocation. We assume no liability for printing or transmission errors in the price name.

If the order is met by partial delivery, shipping costs will only arise when the first partial delivery. If the partial deliveries are made at the customer's request, we charge shipping costs for each partial delivery.

Unless otherwise agreed in writing, all prices named by Fameco GmbH from the company headquarters including packaging and loading, plus VAT in the respective statutory amount. All other costs, in particular freight costs, taxes, tariffs or other levies that arise in connection with the delivery, are at the expense of the customer. Costs incurred in connection with the transfer or registration of the goods in the country of destination of the goods are also at the expense of the customer. In the case of dangerous goods shipments, an adequate surcharge is charged for the associated additional packaging and labeling effort, but at least € 50.00 per shipment.

The prices are determined after the price list of Fameco GmbH, which is valid at the time the contract is concluded. It has been agreed that the goods should be delivered later than four months after the conclusion of the contract and if changes to the cost -forming factors of Fameco GmbH occurs during this time, Fameco GmbH is entitled to change the agreed prices, provided that the price adjustment is based on circumstances Outside of the control of Fameco GmbH, this price adjustment at the time of the respective contract between Fameco GmbH and the customer was not already predictable for the order and the increase is reasonable.

Circumstances outside the control of Fameco GmbH in this sense are in particular changes in Customs, taxes or levies, Material, wage, wage ages, financing or manufacturing costs, Transport costs or from Fameco GmbH included in the service provided by Fameco GmbH.

The customer is entitled to withdraw if the increased price exceeds the originally agreed price by more than 5 %; This right can only be explained immediately by written declaration to Fameco GmbH after the price adjustment.

Payment conditions and offsetting

The purchase price and the shipping costs or the remuneration for the service must be paid at the latest ten days after the invoice date without deduction, stating the invoice number.

The purchase price and the shipping costs or the remuneration for the service must be transferred to the account specified in the invoice. Fameco GmbH reserves the right to make certain payment methods dependent on a credit check or a maximum order quantity.

The customer is not entitled to count against our claims, unless the counterclaims are legally established or undisputed. The customer is also entitled to offset against our claims if complications or counterclaims assert from the same purchase or service contract.

The customer is only entitled to offset if the counterclaims have been legally established, have been recognized by Fameco GmbH or are indisputable. Counter -claims from the same contractual relationship are excluded from this set of offset.

The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

In the case of deliveries to other European countries, VAT is not collected only if the order has a valid sales tax identification number. A sales tax is not charged for delivery to non -European countries. The customer is obliged to observe the national tax regulations.

A delivery abroad is only against prepayment. In this case, the ordered goods will only be sent to the customer after receipt of the invoice amount.

The customer is in arrears when the contractual payment date is exceeded.

If the customer is in default of payment, Fameco GmbH is entitled to request the relevant time to interest in the amount of 9%points above the base rate. If Fameco GmbH can prove a higher default damage, it is entitled to assert it.

If the customer is in arrears with the payment of deliveries or services based on the same legal relationship, Fameco GmbH - without prejudice to its other rights - is entitled to request advance payments and to retain goods that have not yet been delivered or have not yet been provided.

Retention of title

The goods delivered remains the property of Fameco GmbH until the purchase price is paid in full.

The customer is entitled to resell the goods delivered by us under the retention of title within the framework of the proper business course if he reserves the ownership of the goods provided by us subject to retention of title. The customer already takes all claims from a resale of the goods delivered by us under the retention of title and from the retention of title agreed by him to ensure our claim from the business relationship. We accept this assignment. At our request, the customer is obliged to report the assignment to our customer for payment.

In particular, the customer is not entitled to pledge the goods delivered by us under the retention of title or to transfer them as part of a security transfer.

In the event of contractual behavior of the customer, in particular in the event of a delay in payment, we are entitled to withdraw from the goods delivered by us under the retention of title after reminders and withdrawal from the contract and the customer obliged to surrender. An application to open the insolvency proceedings on the customer's assets entitably entitled the immediate return of the goods delivered by us.

Fameco GmbH reserves the ownership of the delivered goods to secure all claims that it is entitled to from the business relationship against the customer. In the event of a contractual behavior of the customer, in particular in the event of a delay in payment, Fameco GmbH is entitled to withdraw the goods. The withdrawal of the goods from Fameco GmbH means a withdrawal from the contract. Fameco GmbH is authorized to use the goods after taking back the goods, the revenue proceeds are to be offset against the customer's liabilities - minus a reasonable exploitation costs.

The property of Fameco GmbH extends to the new products created by processing the reserved goods. In the case of processing, connection or mixing of Fameco GmbH, Fameco GmbH acquires co -ownership in the ratio of the invoice value of the reserved goods to the invoice values ​of the other materials.​

All demands from the sale of reservations, including the change and checks to secure the respective claims, is already taking place to Fameco GmbH. Fameco GmbH accepts this assignment. When selling goods on which Fameco GmbH has co -ownership, the assignment is limited to the claim that corresponds to its co -ownership share.

As long as the customer is ready and able to properly meet his obligations of Fameco GmbH, he may have the goods in the ordinary course of business in the property or co -ownership of Fameco GmbH and collect the claims assigned to Fameco GmbH himself. Fameco GmbH undertakes not to collect the claim as long as the customer fulfills his payment obligations from the proceeds received, does not get in payment and in particular no application to open insolvency proceedings or if the payment is made. If this is the case, Fameco GmbH can demand that the customer of Fameco GmbH announces the assigned claims and their debtors, gives all the information required for moving in, the associated documents hand over and inform the debtors the assignment.

Safe transfers, pledges and deductions of claims, also by means of a claim for claims, may only make the customer with the prior written consent of Fameco GmbH.

If the value of the collateral exceeds the claims to be secured by more than 10%, Fameco GmbH will release collateral after his election at the customer's request.

The customer may not assign the claims assigned to Fameco GmbH to a third party in order to have it collected by the third party by means of commercial, revolving, unless the customer irrevocably obliges the consideration to do so As long as they can be brought directly to Fameco GmbH when Fameco GmbH still exists against the customer.

The mere presentation of the articles in the catalog is to be regarded as a pure performance description, in no way as a guarantee for the nature of the articles. Third -party guarantee declarations, e.g. manufacturer guarantees, remain unaffected.

After receiving the goods, the customer must check whether it has the contractually agreed nature and is suitable for the intended purpose.

In the event of obvious defects, these must be reported to Fameco GmbH in writing. Covered defects must be reported in writing immediately after their discovery. Otherwise the delivery is considered approved.

Insofar as there is a defect in the goods, the customer has the option of requesting the deficiency to be removed as part of the subsequent performance. There is no right to subsequent delivery, since a replacement object is not in stock and Fameco GmbH cannot procure it in third parties. If the subsequent performance within the meaning of Section 440 S. 2 BGB fails, the customer is entitled to withdraw from the contract or reduce the purchase price. This also applies if Fameco GmbH has seriously and finally refuses to perform. If there is only an insignificant defect, the customer is only entitled to a reduction right.

In the event of granting a dealer rabatt, the warranty is excluded, except in the cases of intent, gross negligence and personal injury.

Except in the cases of intent, gross negligence and personal injury, the warranty claims regarding the goods delivered expire, unless otherwise agreed in writing.

The deadline begins with the time determined in § 199 BGB. It occurs at the latest at the end of the maximum periods determined in Section 199 (3) and Paragraph 4 of the German Civil Code.

If the customer or third parties are improperly maintained or changes to the goods, there are also no claims for defects and the resulting consequences.

Fameco GmbH does not bear any transport, path, road, work and material costs for the purpose of supplementary performance, insofar as they increase because the goods were spent after delivery to a location other than the company's branch, unless the distribution corresponds to its intended use.

There are no claims for defects if there is only insignificant deviation from the agreed nature, if there is only insignificant impairment of usability, in the event of natural wear or wear and damage, which arise after the transfer of danger as a result of incorrect or negligent use, excessive stress, poor assembly or due to special external influences, which are not required according to the contract. Furthermore, there are no claims for material defects if the customer has not followed the regulations on the treatment, maintenance and review and maintenance of the goods resulting from the operating instructions.

For batteries, lamps and wearing parts, the warranty is excluded.

The legal regulations apply to material and legal deficiencies in the delivery, unless otherwise determined.

The customer's claims for defects require that he has complied with his statutory investigation and notification obligations (§§ 377, 381 HGB). If there is a defect in the examination or later, this must be reported in writing immediately. Transport damage must be communicated to the freight forwarder and noted on the delivery note. The advertisement is immediately considered if it takes place within a week, whereby the timely sending of the display meets the deadline. Regardless of this obligation to investigate and complain, the customer has obvious defects (including false and less delivery) within one week of delivery in writing, whereby the timely dispatch of the advertisement also meets the timely. If the customer fails to investigate and/or default notification, the liability of Fameco GmbH is excluded for the deficient deficiency. This does not apply if Fameco GmbH has fraudulently concealed the lack of goods.

At the request of Fameco GmbH, the customer will return the object complained to us at his expense. If it turns out that the customer's complaint was justified, Fameco GmbH will reimburse the customer's costs of the cheapest shipping route. This does not apply if the shipping costs are increased because the object is located in a place other than the location of the intended use. In this case, Fameco GmbH only replaces the cost of the cheapest shipping route from the location of the intended use to us.

Fameco GmbH will improve or deliver poor goods free of charge after his election.

To defend disproportionately high damage or if Fameco GmbH is in arrears with the elimination of the defect, the customer has the right to have the defect or third parties removed and to request replacement of the necessary expenses. The customer must immediately notify Fameco GmbH from this self -performance, if possible beforehand.

In the context of the legal regulations, the customer has the right to withdraw from a purchase contract, if the subsequent performance has been finally failed, Fameco GmbH has a reasonable deadline for improvement or replacement delivery due to a lack of fruit or the deadline was dispensable according to the statutory regulations . If there is only an insignificant defect, the customer is only entitled to reduce the price. The right to reduce the price is otherwise excluded. This does not apply if Fameco GmbH has fraudulently concealed the defect or has taken over a guarantee.

Warranty

If there is a lack of delivery or services from Fameco GmbH, we will make or deliver again free of charge ("subsequent performance"), provided that the defect was already available at the time of the transfer of danger. Fameco GmbH is liable for articles or law deficiencies delivered to the applicable legal regulations, in particular § 434 ff. Or §§ 633 ff. BGB.

The limitation period for statutory claims for defects in new articles is two years for consumer goods purchase, otherwise 12 months for the purchase and work delivery contract. The limitation period begins after delivery of the delivery item - or if this has been agreed - after the delivery status is commissioned or accepting the service.

The limitation period for statutory claims for defects in the case of used delivery items, with the exception of new and as newly processed parts, is one year in the purchase and work delivery contract and begins with the delivery of the article or- if this is agreed- after commissioning the delivery item or acceptance of the service.

Any seller guarantees given by us for certain articles or manufacturer guarantees of certain items from the manufacturers occur in addition to the claims for material and legal deficiencies within the meaning of paragraph 1. Details of the scope of such guarantees result from the guarantee conditions that are included in the articles.

Any recourse claims of the customer in the event of a consumer goods purchase in accordance with §§ 478, 479 BGB remain unaffected, but only existed to the extent that the customer did not make any agreement beyond the statutory claims for defects.

There is no obligation to remedy the defect, If technical changes (external interventions) have been made on the delivered device, If the defects were caused by the use of accessories or other devices that have not been delivered. For defects that are based on use -related wear, If the regulations given in the installation conditions and the operating instructions are not met, If the delivered items are improperly set up, operated, treated or maintained, If the delivered objects are not stored with the necessary care or the legal regulations regarding sterility, labeling, expiry time, etc. (Medicines Act, Machine Protection Act, etc.) are not complied with, If obvious defects do not appear in writing within a week or the lack of assured properties within a week since their detection. 

The supply of spare parts takes place immediately in emergencies, insofar as the corresponding article is in stock, in other cases the customer cannot request the delivery of in stock in stock replacement devices before the end of two weeks since the written notice of defects.

If we make an assessment of the displayed damage and this assessment leads to the conclusion that the rectification cannot be carried out at the location of the goods, it assigns a return of the devices or devices to the location of the production, with the result that Extend the improvement periods around the period required to return the defective devices or parts from the location of the assessment to the place of manufacture.

If the defective article is not replaced within the deadlines mentioned by the delivery of a new device or device part, the customer is entitled to set a grace period of at least 14 days in writing and with reference to the contractual consequence. After the deadline, the customer can either withdraw from the contract (change) or reduce the agreed remuneration (reduction). The right to change or reduction expires if the defect is eliminated before exercising the right of withdrawal or reduction.

If the devices or parts of the devices are not available, we are entitled to reject or adjust the elimination of defects at any time by express written statements. In this case, the customer can request conversion or reduction without further deadline. This right is also entitled to the customer if Fameco GmbH cannot immediately remove a defect in emergencies by delivering a new device or device part.

The customer is obliged to return the defective devices or devices within four weeks after the defect complaint is collected in a transport -proof packaging. If the customer does not comply with this obligation, Fameco GmbH can determine a period of 14 days (grace period) with the explanation to ensure the return that you reject the acceptance of the poor parts after this period. After the expiry of 14 days, Fameco GmbH is entitled to invoice the customer the spare parts and/or devices at the respective list price, even if the customer's notice of defects was justified.

If the notice of defects proves to be unfounded, the customer is liable for replacement for the costs of the assessment, the assessment, the assessment and expansion, the repair, the delivery of spare parts and devices, including the transport costs and other expenses.

All other warranty claims of the customer against Fameco GmbH are excluded, unless the customer asserts claims for damages based on a intentional or grossly negligent breach of contract of a legal representative or vicarious agent from Fameco GmbH. Consequential damage is only replaced if they are due to the lack of expressly guaranteed properties.

Limitation

The limitation period for warranty claims and for contractual and non -contractual claims for damages by the customer, which are based on a deficiency of the goods, is 12 months from delivery or, if necessary, from the acceptance. This does not apply if the application of the regular statutory limitation period leads to a shorter statute of limitations in individual cases. In this case, the statutory limitation regulations can be applied.

It remains with the respective statutory limitation period if Fameco GmbH has a lack of defect (Section 438 (3) BGB).

For all other claims for damages by the customer, for Fameco GmbH, the statutory limitation periods apply exclusively.

The limitation of the product liability law remain unaffected in any case.

Cancellation of orders / returns

If there are no legal or contractual resignation or contestation reasons, the customer is only entitled to cancel orders or to return goods after the express prior written consent of Fameco GmbH. Fameco GmbH is not obliged to consent. If Fameco GmbH agrees to the cancellation or return, Fameco GmbH is entitled to invoice the customer's appropriate additional costs caused by the cancellation and return.

Liability

In all cases, Fameco GmbH is liable to the customer of contractual and extrajudic liability in the event of intent and gross negligence in accordance with the statutory provisions for compensation or compensation in vain expenses.

In other cases, we are only liable - as far as not to differ - only if there is a violation of a contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and that the customer can regularly trust (so -called cardinal obligations), limited to replacement of the foreseeable and typical Damage. In all other cases, our liability is excluded.

Our liability for damage from the violation of life, body or health and according to the Product Liability Act remains unaffected by the above limitations and exclusions.

All claims for damages of the customer against Fameco GmbH are excluded regardless of the legal reason, unless Fameco GmbH or their vicarious agents have acted intentionally or grossly negligently or at least slightly negligent. Essential contractual obligations are such obligations that protect the contractual legal positions of the contractual partner, which the contract must grant him according to its content and purpose. Also essential are contractual obligations whose fulfillment enables the proper execution of the contract in the first place and have trusted the contractual partner of which and was allowed to trust.

In the event of gross negligence or slightly negligent violation of an essential contractual obligation, compensation is limited to the typical and foreseeable damage.

Liability for damage that does not arise on the subject of the contract is excluded except in the cases of intent and gross negligence.

Liability for fraudulent behavior of Fameco GmbH, as well as for guarantees taken over, for claims according to the Product Liability Act and damage from violation of life, body or health remains unaffected.

Insofar as the liability of Fameco GmbH is excluded or limited, this also applies to the personal liability of employees, employees, employees, representatives and vicarious agents of Fameco GmbH. A limitation period of one year applies to all claims for compensation or compensation for unsuccessful expenses for contractual and non -contractual liability that are asserted against Fameco GmbH - except in the cases of intent, gross negligence or personal injury. The deadline begins with the time determined in § 199 BGB. It occurs at the latest at the end of the maximum periods determined in Section 199 (3) and Paragraph 4 of the German Civil Code.

Copyright

Fameco GmbH has copyrights in all images, films and texts published in our product portfolio and as part of our training courses. Use of the pictures, films, and texts, is not permitted without our express consent. Delivered training documents and documents are bound to the respective participants and, in particular, must not be reproduced or published. The documents serve the participant to document the event visited. There are no other usage rights. Training documents and documents made available by the external speakers are the responsibility of the respective creator.

Training

Cancellations and cancellations

A cancellation of the registration is only possible in writing. If the cancellation takes place up to two weeks before the start of the event, the participation fee minus 15 % of the total amount will be refunded, after which the participation fee is charged in full. If the participation is non -participation, the participation fee will be charged in full. The entrance to the cancellation declaration is crucial for us. A replacement participant can be named free of charge at any time. A rebooking is possible free of charge up to a week before the start of the event.

Training fee

The training fee sees itself per participant. Travel and hotel costs are not included in the price. Participation in only part of the booked event does not entitle the price reduction. The prices are plus the applicable sales tax, which is shown separately in the invoice. Payments must be transferred to the account specified on the invoice at the latest 10 days after the invoice date without deduction, stating the invoice number.

Number of participants

The number of participants in the training is limited. Registrations are therefore taken into account in the order of receipt of the written registrations. If participation is not possible due to overcrowding, the customer will be informed immediately. Fameco GmbH reserves the right to move training courses due to special reasons or due to a lack of adequate participation at the latest ten working days before the start of the training, to cancel, to cancel them or to compose them with other events. In this case, the participant will immediately receive a notification. In these cases, the participant is also entitled to a right of withdrawal. There are no further claims, in particular on reimbursement of expenses (cancellation fees for booked arrival or hotel). Fameco GmbH is entitled to have the event carried out by others than the specified speaker in justified cases.

Data protection note

Fameco GmbH collects, processes and uses personal data, in particular contact details for processing the order, including email addresses, if known. For the credit check, we can use information (e.g. a so-called score value) of external service providers to make a decision and make the payment method dependent on it. The information also includes information about the customer's address.

Safety regulations

The customer is responsible for compliance with the national laws, regulations and security regulations, especially with regard to admission, installation, operation, maintenance and repair of delivery items to meet them. In particular, the provisions of the Medical Device Act (MPG) and the Medical Device Operator Ordinance (MPBerBV) must be observed and, as far as required, a safety control (STK) of the device must be carried out.

The customer is obliged to release Fameco GmbH from all claims that are asserted against Fameco GmbH due to the non -observance of such regulations by the customer.

Disability of the execution

The customer must ensure that the necessary device lists are presented in good time by checking the device lists necessary, so that the devices can be checked unhindered within a reasonable time.

Errors can be specifically designated for repair requests.

In addition, our technician is to be supported to such an extent that the devices to be tested is made available to him. In addition, the technician has enough space to check and repair the devices. The customer must take care of all the necessary coordination and lenerated in good time with regard to the technical and temporal workflow. The customer has to name a contact person.

Salvatory clause

An ineffective determination or gaps in regulation of these conditions are replaced by the effective determination that the contractual partners would have agreed according to the economic objectives of the contract and the purpose of these conditions if they had known the gap in the regulation or the ineffectiveness of a clause.

Applicable Law and Jurisdiction

The law of the Federal Republic of Germany applies to the exclusion of the UN sales law.

If the order was submitted as a consumer and have your habitual residence in another country at the time of your order, the application of compelling legal provisions of the country will be unaffected by the choice of law made.

Munich is agreed as the place of jurisdiction.