Terms, Delivery and Payment Chident GmbH

1.General / Scope

1.1. All contracts for dental services are provided in accordance with the terms and conditions of Chident GmbH. The terms of Chident GmbH apply to the entire duration of the business even if a payment should be made by third parties.

1.2. Different provisions or services must in every case in writing and must be confirmed by the contractor. The parties agree that a waiver of in writing and by oral agreement does not take place.

1.3. The client is aware that the products supplied by the contractor have been made mainly abroad, if no other express agreement was made. The delivered products meet all the German quality standard.

2.Prices

2.1. The calculation of dental services is done for the day of delivery price plus tax.

2.2. Cost estimates are prepared with great care and based on the day of the exhibition price list, but can only take into account predictable expenses and are binding only in written form.

2.3. If after submission of the estimate (estimate) for the price of the used materials (metals, ceramics, etc.) the contractor is entitled to pass these to the customer, based on actual consumption.

2.4. The client agrees to increase the offer price from the estimate to five percent without the need for a separate information by the contractor. Increase the offer price from the estimate by more than five percent, informs the customer of the contractor, stating the reasons it is. Shall not object to the increased price as approved. !!

3.Delivery times and costs

3.1. The delivery dates are only estimated data. The delivery will be extended for the period by which the performance of the delivery is delayed by force majeure.

3.2. Exceedances of delivery only entitle the customer to rescind the contract or to pay damages if the contractor gets out of it attributable to the reasons or delay in performance can not execute the order.

3.3. The condition for the occurrence of default is the setting of a grace period, which must be at least two weeks.

4.Shipping

4.1. Shipping is at the expense of the customer.

4.2. If the customer after a reasonable grace period set by him to refuse acceptance or expressly stated not to want to accept the Contractor may cancel the contract and claim damages to the value of the contract. The customer stands open to the evidence that the contractor has incurred no or much less damage. Incurred by the contractor in each case, a much higher loss of the contract value.

5.Defects, warranty, liability

5.1. The client has to review the work immediately upon receipt for accuracy and completeness and that any defects immediately in writing. Shows later a defect is not noticeable at first, this is reported immediately in writing. If Client fails to the complaint, the work is considered approved.

5.2. The client for repairs or replacements, the necessary working models available.

5.3. With imperfect fit the customer's complaint within 10 days after receipt shall be made to work. The preliminary cast and new impressions are of the complaint shall be accompanied or immediately furnish.

5.4. Warranty claims are limited to the right to repair or replacement, the decision shall take by the contractor. For failure of the repair or replacement the client has the right to reduce the price or cancel the contract.

5.5. For a minor breach of contract, especially with only minor defects, the customer does not have the right to withdraw.

5.6. Claims for damages are excluded, unless they are based on a grossly negligent infringement of the client, his legal representative or agent.

5.7. Claims against the contractor shall expire within two years after delivery of the work, unless otherwise agreed in writing.

5.8. Claims for personal injury or damage to privately used objects remain unaffected by the Product Liability Act.

5.9. A liability for defects arising from faulty models and impressions of the principal is excluded.

6.Working documents

6.1. All work will be made with great care. The contractor has no effect on the quality of the submitted models and impressions. These documents are for the seat in the mouth of crucial importance. Working papers, appear defective, can therefore be under consultation and coordination with the client.

7.Material and equipment status

7.1. All work required for the production of materials and accessories (precious metals, teeth, finished parts, such as sediment, etc.) will be appointed by the contractor. After consultation with the client to the contractor, however, the ability to process materials supplied by the employer and accessories.

7.3. Defects due to faulty by the principal of delivered materials or accessories are not borne by the contractor.

7.4. For storage of the client supplied materials or accessories, the contractor shall be liable to the care he spends in his own affairs.

8.Payment
8.1. Monthly bills on dental services with 24-days of payment. Individual invoices on dental services are due to the end of the month with the Sammelaufstellng. For payment within ten days the principal is a Skonteabzug The amount is 2 percent. In case of default interest at a rate of three percent above the base rate (§ 288 section 2 BGB occur).

8.2. Subject to the payment claims of the contractor can only undisputed or legally established claims to be offset.
 
8.3. The contractor may assign its claims against the client to a factoring company, which in places occurs as a claim to his owners.

8.4. Chident is entitled reminder overdue fines of 10 euros to be collected for each.

8.5. A lien may exercise the authority only if the counterclaim is based on the same contract.

9.Retention of title

9.1. Chident retains title to all delivered to work before the full payment of all claims (including ancillary claims from the business relationship).

9.2. By placing an order enters the customer claims that he has acquired in the exercise of his profession or employment, from the level of the entire lab order to the contractor.

9.3. Claims or objections of the patient to the client are irrelevant to the contractor.

9.4. After the assignment, the client is authorized to collect the debt. The contractor reserves the right to collect the claim even when the client does not properly meet his payment and is in default.

10.Final Provisions

10.1. Performance for our deliveries and jurisdiction for all obligations is Willich. Chident is entitled to his home court to sue the client.

10.2.      Es gilt ausschließlich deutsches Recht. Die Anwendung des UN-Kaufrechts(C15G) ist ausgeschlossen.

10.3. If any provision of the contract, including these Terms and Conditions be wholly or partially invalid, the validity of the remaining provisions shall not be affected. The wholly or partially invalid provision shall be replaced by a provision whose economic result comes closest to the ineffective.