GTC of aurum dental trading gmbh

§ 1 Basics

1 These terms and conditions apply to all current and future business between Aurum Dental Trading GmbH and its customers. Any terms and conditions of a customer deviating from these Terms and Conditions shall only become valid with the written confirmation of Aurum Dental Trading GmbH.

2. the invalidity of individual provisions shall not affect the legal validity of the remaining provisions.

Place of performance and jurisdiction for delivery and payment is Bremen. The law of the Federal Republic of Germany shall apply.

§ 2 Conclusion of the contract

With the order, the customer submits a binding offer. Aurum Dental Trading GmbH can accept this offer at its own discretion within a maximum of 4 weeks by sending an order confirmation or by sending the ordered goods to the purchaser within this period.

§ 3 Prices

The prices are ex works excluding shipping costs and packaging. Value added tax shall be charged separately and in accordance with the statutory provisions in force on the date of delivery.

Prices are subject to change without notice.

§ 4 Payment

1 Invoices for deliveries of precious metals and precious metal articles are payable strictly net. Payments by cash in advance or collection on delivery remain reserved. Bill of exchange 

will not be accepted. Checks are accepted only on account of performance until they are cashed.

2 In case of default of payment Aurum Dental Trading GmbH charges default interest according to § 288 BGB.

3. offsetting by the buyer is excluded, except for claims confirmed in writing.

§ 5 Delivery periods

1. delivery deadlines require written confirmation to be effective in any case. The delivery period shall only commence upon receipt of all documents to be provided by the purchaser and 

documents, permits and information necessary for the fulfillment of the order.

2 If the agreed delivery period is extended as a result of circumstances for which Aurum Dental Trading GmbH is not responsible in its own company or at its sub-suppliers, such as fire, water, etc., Aurum Dental Trading GmbH shall be entitled to claim damages. 

and storm damage, strikes, lockouts, other unforeseen loss of labor, energy or manufacturing material, traffic disruptions, etc., an appropriate 

extension of the delivery time as agreed, but no longer than up to 4 weeks after the expiry of the original deadline. After that, both parties are entitled to withdraw from the contract. 

In such a case, neither party shall have any claim against the other.

§ 6 Shipping

The shipment is carried out in the way that seems most favorable to Aurum Dental Trading GmbH. The shipment is without exception at the expense and risk of the purchaser and always insured in the interest of the purchaser.

§ 7 Notification of defects

1. incomplete or wrong deliveries as well as complaints about recognizable defects have to be made in writing to Aurum Dental TradingGmbH within one week after receipt of the goods, in case of non-recognizable defects the complaint has to be made immediately after their discovery, but at the latest within one year after receipt of the goods.

2. if defects are not notified in time, the delivery is considered accepted and accepted.

§ 8 Warranty for defects of the object of purchase

In the case of justified defects, Aurum Dental Trading GmbH shall rectify the defect or deliver a replacement. In case of insignificant reduction of the value or the suitability, there are no claims. If the repair or replacement delivery is unsuccessful, this entitles the buyer to withdraw from the contract according to § 323 BGB or to reduce the purchase price according to § 441 BGB. The warranty period is one year from receipt of the product by the purchaser. This period does not apply to materials that have an expiration date. In this case, all claims for defects expire at the end of the expiration date.

2 The technical recommendations of Aurum Dental Trading GmbH, which are given orally, in writing or by practical instructions of its employees or representatives, are in any case based on its own experience and tests and can therefore only be regarded as guidelines, but not as guarantees or assurances of properties.

This applies in particular under the aspect that the products delivered by Aurum Dental Trading GmbH are processed in the craftsman's business under the conditions prevailing there, without Aurum Dental Trading GmbH being able to influence this processing.

The products of Aurum Dental Trading GmbH are subject to constant further development. The design, composition and properties are subject to change without notice.

§ 9 Limitations of liability

1. the limitations of liability apply to liability arising from breach of duty and from defects as well as from tort and for other reasons.

2. in the case of slightly negligent breaches of duty, liability shall be limited to the foreseeable damage typical for the contract according to the type of goods.

Aurum Dental Trading GmbH is not liable for slightly negligent breaches of minor contractual obligations.

The described limitations of liability do not apply in case of injuries to life, body or health attributable to Aurum Dental Trading GmbH. They shall also not apply insofar as Aurum Dental Trading GmbH is compulsorily liable according to the Product Liability Act.

4. the purchaser has the right to withdraw from the contract in case of a breach of duty for which Aurum Dental Trading GmbH is responsible and which does not consist in a defect of the purchased item.

5. claims for damages due to a defect of a delivered product are subject to a limitation period of 12 months. The period begins with the delivery of the product to the purchaser. The period shall not apply if Aurum Dental Trading GmbH can be accused of gross negligence and in case of injury to life, body or health for which Aurum Dental Trading GmbH is responsible.

§ 10 Returns

Return shipments of delivered goods, including goods free of defects, may only be made with the prior written consent of Aurum Dental Trading GmbH.

Goods, packages or shipments sent freight collect will not be accepted under any circumstances. Aurum Dental Trading GmbH reserves the right to make an appropriate deduction from the purchase price to be refunded for processing required by the return or damage.

§ 11 Packing

Insofar as Aurum Dental Trading GmbH is obliged to take back the transport and outer packaging according to the Packaging Ordinance, the purchaser shall bear the costs for the return of the packaging used.

§ 12 Retention of title

1 Aurum Dental Trading GmbH retains ownership of the delivered goods until the purchase price has been paid in full or until checks deposited for payment have been cashed. This reservation also applies until payment of all interest and reimbursement of costs. The reserved property is considered as security for the claims on the part of AurumDental Trading GmbH.

2. in the event of processing of the delivered goods within the meaning of §§ 947 - 950 BGB, this shall be deemed to have been carried out on behalf of Aurum Dental Trading GmbH, but without any costs forAurum Dental Trading GmbH. Aurum Dental Trading GmbH shall subsequently become the owner of the manufactured goods or products produced in this way. If the goods are mixed with other goods, Aurum Dental Trading GmbH shall become the pro rata owner.

The purchaser keeps the manufactured goods for Aurum Dental Trading GmbH. The Purchaser may not pledge or assign these goods. The Purchaser shall immediately notify Aurum Dental Trading GmbH of any seizure or other impairment of rights, such as the opening of insolvency proceedings.

In case of default of payment or suspension of payment by the purchaser, Aurum Dental Trading GmbH shall be entitled to demand the return of the goods, including the products or fabrications manufactured using these goods. Costs incurred by Aurum Dental Trading GmbH due to measures to avert damage shall be borne by the purchaser.

3. in case of sale of the goods, the proceeds shall take their place. The Purchaser assigns the purchase price claim arising on the occasion of a sale to Aurum Dental Trading GmbH, also proportionally to the share of the goods contained in the sold goods. Upon request, the names of the debtors are to be disclosed. The retention of title of Aurum Dental Trading GmbH shall be notified to the debtor.

4. the purchaser is obliged to keep the goods insured against the usual risks and to prove this upon request. In any case, the Purchaser shall assign its insurance claims against Aurum Dental Trading GmbH.