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General Terms and Conditions of Purchase

These conditions apply to all current and future orders awarded to the contractor. Conflicting conditions of the contractor not expressly acknowledged in writing by MCD Medical Computers Deutschland GmbH - hereinafter referred to as the client - are hereby expressly repudiated; the contractor accepts these Terms and Conditions of Purchase at the latest by delivering the goods ordered or by performing the services required.

The client shall only be legally bound to orders awarded in writing. Subsequent amendments as well as excesses or shortages require a written acknowledgement to be valid in law. Orders must be confirmed to the client within a maximum of 3 working days. The preferred method for submitting the confirmation of order is by e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it.. If the order does not contain prices, the price quoted in the contractor’s order confirmation shall only be deemed the agreed price with the client's express written acknowledgement.

1. Amendments to the contract

Amendments to the quantity or quality of supply or service following conclusion of contract shall be permissible at the client’s request unless unreasonable for the contractor. The resulting amendments to the pricing and the performance and delivery deadlines must be regulated by mutual agreement between the client and the contractor.

2. Prices and shipping

The agreed prices are fixed prices. Additional charges are not permissible.
Unless otherwise agreed, the contracted prices are in remuneration of all costs incurred up until acceptance of the delivery or acceptance of the service (e.g. for packaging, transportation, customs duties).
The client is a customer exempted from forwarding insurance and therefore expressly waives insurance cover for the goods during transit. Charges for insuring goods shall therefore not be accepted.
A delivery note must be attached to every delivery. The delivery note must accurately specify the delivery by type and quantity and must include a reference to the client's order number.
Unless otherwise agreed, the goods are shipped at the contractor's risk until accepted at the receiving centre. In the event a delivery or service is not accepted due to noncompliance with the contract, the delivery or service shall immediately be returned at the contractor's risk and cost.

3. Packaging

The goods must be packaged so as to ensure the product features are protected along the entire transport route and so as to prevent transport damage.
Furthermore, where possible the packaging should be environmentally-friendly - including with respect to the volume - and easy to remove. The appropriate legal provisions must be observed in this respect.

4. Delivery periods and deadlines

The delivery and execution periods/deadlines are binding.
Acceptance of the goods or the declaration of readiness to accept the service is definitive for timely delivery or performance of the service.
If unable to meet the delivery or service deadline, the client must be notified immediately, along with a statement specifying the reasons and the duration of the delay.
The client’s acceptance or approval of the late delivery or service does not constitute the client waiving claims for compensation of damages or contract penalties.
Goods delivered prior to the agreed deadline may be stored on the client's premises at the contractor's costs and risk until the agreed delivery data.
Partial deliveries shall only be acknowledged where expressly approved.

5. Invoices

The contractor's invoice must bear a Value Added Tax identity number. In the event the contractor does not have a Value Added Tax identity number, its tax number must be shown on the invoice or, if applicable, a separate tax number assigned by the Tax Office specifically for the purpose of sales turnover taxation. Furthermore, the delivery or service date and the delivery note and client's order number must be indicated on the invoice.
A single copy of the invoice along with the all related documents must be submitted following despatch/performance. The preferred method for submitted invoices is by e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it.. Invoices which are incomplete or of improper form will not be considered received until the date submitted complete or correctly.
The contractor's settlement of invoice does not constitute an acknowledgement by the recipient of the goods or by the client that the goods delivered or services performed are free from defects, the goods exhibit the contracted properties and conditions or the warranted features, or that the delivery or service is complete.

6. Payments

Payments shall be made by bank transfer 30 days from delivery/performance and receipt of invoice. When paid by the client within 14 days of delivery or performance and receipt of invoice, the client shall be entitled to deduct a discount of 2%. Otherwise the client shall pay within 30 days net.
Where certificates e.g. for materials testing or the submission of other documents has been agreed for the fulfilment of the delivery or performance, the payment deadline is from the time such certificates have been received.

7. Performance of the service, warranty and statute of limitations

The contractor warrants that all services or deliveries have been designed and produced from durable materials suitable for the relevant contracted or business purposes and for the wear incurred, and that they are accident-proof as defined by the Accident Prevention Regulations of the competent professional associations and VDE regulations and the relevant statutory provisions, regulations and directives of professional associations at the point of delivery.
Furthermore, the contractor shall supply the most environmentally-friendly products possible within its economic and technical capabilities, and shall use the most environmentally-friendly processes to provide services.
Unless otherwise agreed, the warranty period for all products is 36 months.

8. Intellectual property rights

The contractor guarantees all deliveries or performances to be free from the intellectual property rights of third parties. The contractor indemnifies and holds the client harmless from all claims of third parties arising from infringement of intellectual property rights and shall bear all the costs arising from any infringement of intellectual property rights unless the infringement of intellectual property rights is based on intent or gross negligence of the client.

9. Place of performance

Unless expressly agreed otherwise, the place of performance is Hüllhorst.

10. Illegal workers, insolvency

The contractor and its subcontractors, where applicable, may only employ workers holding a valid residence permit (where required) to provide services. In the event of a breach of this stipulation, the client may dissolve the contractual relationship at any time. The same shall apply in the event a petition to open composition, insolvency or bankruptcy proceedings for the contractor's assets is lodged.

11. Code of Conduct for suppliers and subcontractors

The Code of Conduct of MCD Medical Computers Germany GmbH for suppliers and subcontractors is part of these General Conditions of Purchase and therefore binding. Please refer to www.mcd.de.com/code-of-conduct or request a copy from This email address is being protected from spambots. You need JavaScript enabled to view it. 

12. Applicable law, place of performance, court of jurisdiction, validity

The law applicable to the contractual relationship is German law to the exclusion of the United Nations Convention of 11.04.1980 on Contracts for the International Sale of Goods. Place of performance and court of jurisdiction for all disputes arising from the contractual relationship including summary proceedings based on documentary evidence including checks, bills of exchange and deeds is Mönchengladbach.
The invalidity of one or more individual provisions shall not affect the validity of the remaining provisions. In the event one of the stipulations violates a mandatory statutory provision, it shall be replaced by the relevant statutory regulation.

The registered office of MCD Medical Computers Deutschland GmbH is D-41179 Mönchengladbach.

 

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