General Terms and Conditions of resQshock GmbH, hereinafter referred to as resQshock (as of 01.01.2014)
The following terms and conditions of sale and delivery apply to all transactions of resQshock unless otherwise agreed in writing. By placing an order, the buyer acknowledges the following terms and conditions; deviating terms and conditions of purchase of the buyer shall only apply if they have been expressly accepted by resQshock in writing.
Prices, assortment and model changes as well as prior sale remain reserved.
A cancellation of firmly placed orders on the part of the buyer requires the written consent of resQshock. Anyone who thus concludes a purchase contract online via the Internet, on the telephone or by e-mail has no general right of withdrawal. Withdrawal is only possible if it has been contractually agreed or if the seller does not fulfil his legal contractual obligations. In the case of returns of firmly ordered goods, we reserve the right to charge an expense fee.
The sales prices are in Swiss francs ex resQshock, without packaging, excluding VAT. Discounts as well as shipping and packaging costs are based on the principles set out in the price lists or on the invoices.
The type of shipping is at the discretion of resQshock. The costs for processing and shipping may vary according to size, weight and effort (minimum CHF 18). Prices are subject to change without notice.
Bulky goods transports or additional services requested by the customer such as express shipments, transport insurance, etc. will be charged separately.
Unless otherwise agreed, the invoice is to be paid within 10 days of the invoice date, strictly net, without any deductions. If the buyer does not meet the payment deadline, he falls into arrears without additional reminder and resQshock is entitled to charge interest on arrears in the amount of 10%. Payment by offsetting is excluded. resQshock reserves the right to assign claims to third parties.
6. retention of title
The delivered goods remain the property of resQshock until full payment has been made. The buyer authorises resQshock to enter the retention of title in the official register at the buyer's expense and undertakes to comply with all formalities in this respect.
7 Delivery, transfer of risk
The delivery times stated by resQshock are not binding.
The parties agree that the assertion of damages - to the extent permitted by law - is excluded in any case. Dates shall be reasonably postponed by resQshock in the event of obstacles, such as natural events, traffic disruptions, accidents and illness, operational disruptions, any late or defective deliveries as well as official measures, which are beyond the will of resQshock. Likewise, resQshock has the right to reasonably postpone deadlines in case of order additions or modifications.
resQshock shall be free to choose the appropriate mode of shipment, transport and packaging at the customer's expense. Partial deliveries are permissible. If the place of delivery is not accessible to resQshock on the delivery date, the customer shall determine the new place of delivery in due time and reimburse resQshock for the resulting additional costs.
Benefit and risk (loss and damage) are transferred to the buyer when the goods leave resQshock or the respective supplier (=FCA, free carrier, according to ICC Incoterms 2010). Any insurance policies are the responsibility of the buyer and will only be taken out by resQshock upon special request and at the expense of the buyer.
8. inspection and acceptance of the goods
The buyer must check immediately after receipt of the goods whether the quality and quantity correspond to the contractual agreements. Any defects or incorrect deliveries must be reported in writing immediately, at the latest within 24 hours after receipt of the goods.
In the event of late notification, the deliveries shall be deemed to have been approved and any warranty shall lapse.
9. goods with expiry dates
Various medical products in the resQshock range have an expiry date (especially sterile-packed goods). resQshock endeavours to send the customer goods with the longest possible shelf life. Also in the interest of the customer (shorter delivery times, possibilities to purchase small quantities etc.) resQshock keeps an adapted stock of these products. It is therefore possible that goods up to 20% of the stated shelf life will have expired by the time of dispatch. If this value is exceeded, resQshock can ship the goods with a corresponding discount.
10 Warranty, liability for defects
resQshock is liable to the buyer according to the law of warranty. Product liability claims are to be asserted against the manufacturer according to the product liability law. Therefore, resQshock does not assume any warranty or liability with regard to the products of the respective manufacturers and assigns all claims against the manufacturer to the customer in its place. All claims in this regard must be asserted directly against the manufacturer.
The warranty period is 12 months unless otherwise agreed in writing. It begins with the dispatch of the deliveries from resQshock. The warranty expires prematurely if the goods are improperly handled or damaged by the buyer or by third parties. In the case of clear product defects which have been reported in accordance with clause 8, the buyer will receive identical, defect-free goods in return for the return of the defective goods or - in the case of appliances - is entitled to free repair or replacement of the defective part.
In the case of delivery of devices with a guarantee certificate, the special provisions of the guarantee certificate apply.
Any further warranty and liability of resQshock, regardless of the legal basis, is excluded. In particular, there are no claims by the buyer for compensation for damage that has not occurred to the delivery item itself and/or that exceeds the value of the goods complained about.
11. return/exchange of goods
Complaints must be made in writing within 24 hours.
The supplier is not obliged to take back ordered goods delivered free of defects. In particular, there is no obligation to take back accessories and spare parts.
However, the supplier is free to take back goods against credit note after prior written agreement with the purchaser, provided that these are still included in the delivery program at the time of the return and are brand new. The Supplier shall not be obliged to return to the Purchaser or issue a credit note for any returns made by the Purchaser without the prior written consent of the Supplier.
Credit notes shall not be paid out unless otherwise agreed in writing, but shall only be credited against other claims of the Supplier against the Buyer. The following shall be deducted from a credit note: inspection fee and any repair costs.
The return shipment shall be sent back to the place designated by the supplier together with the delivery bill at the expense and risk of the purchaser.
No return of goods will be made for damaged goods or packaging as well as for used, soiled and/or contaminated goods. Special purchases such as electrodes and batteries are excluded from exchange and return.
Otherwise, the return of defect-free goods is only possible in exceptional cases and on the basis of an individual agreement.
Cancellation of products or services may be refused under certain circumstances, or a cancellation fee may be assessed in such cases. Please contact your customer service representative if you wish to cancel an order.
12 Applicable law, place of jurisdiction
This legal relationship is subject to Swiss substantive law. The place of performance and jurisdiction is Schwyz.