Terms and Conditions

Terms and Conditions
of CARDIAC Produktdesign GmbH

Issue date: December 2024

Scope of application

The following terms and conditions of business and delivery apply to all offers, order confirmations and deliveries from CARDIAC Produktdesign GmbH, unless otherwise agreed in writing. Differing conditions from the customer only apply if they have been expressly acknowledged by us in writing. Changes to these terms and conditions must be made in writing. German law applies exclusively. Place of performance and place of jurisdiction is the company's headquarter.
The following terms and conditions of business and delivery are part of our offers, order confirmations and deliveries. Additional agreements require our written confirmation. The acceptance of our order confirmation by the customer applies accept these conditions as unconditional. Any deviating terms and conditions of the purchaser are hereby contradicted.

Offers/Orders

Our offers are subject to change and only apply to commercial customers. Acceptance of our offers takes place in writing or through delivery. Oral agreements are only valid if they are confirmed in writing. We reserve the right To revoke or adjust offers within two weeks of their receipt. Our offers are intended for commercial use only. The Acceptance of the offer occurs through our written order confirmation or through delivery. Oral Agreements are non-binding. We are bound to our offer for two weeks from the date of receipt. At Unless otherwise agreed, a delivery period of twelve months applies to call-off orders Date of order confirmation. If acceptance has not taken place by then, we are entitled to demand payment from the customer to demand advance payment of the purchase price and to schedule deliveries at our discretion to be carried out. The alternative option is to withdraw from the contract or compensation according to Section 326 of the German Civil Code (BGB). Claims due to non-fulfillment remain unaffected by this.

Prices

All prices are exclusive of VAT. We reserve the right to change the prices at any time. The agreed prices apply to orders that have already been confirmed. Price changes will be communicated to the customer in a timely manner. Prices are subject to correction for error. Cardiac may change pricing without notice, and the applicable price for an order will be the price in effect at the time of shipment. The basis is the current price list. The prices are exclusive of the VAT valid on the day of delivery. In principle, the agreed fee must be paid. If the price has been determined at the time the service is provided by a change in the market price or by increasing the fees charged by third parties involved in the provision of the service, the increased price applies. If this is 20% or more above the agreed price, the customer has the right to withdraw from the contract. This right must be exercised immediately after notification of the increased price. Further claims are excluded. All customers will be charged additional freight and packaging costs. If the financial responsibility of Customer becomes impaired or unsatisfactory to Cardiac, advance cash payments or satisfactory security shall be given by Customer upon demand by Cardiac, and shipments may be withheld until such payment or security is received. Delivery is carried out freight forward at the expense of the recipient.

Taxes

The amount of any sales, use ad valorem, property or other tax or duty, however designated, levied or based on the Products, or the sale or delivery thereof, shall be added to the price quoted and billed to and paid by Customer. If Cardiac is required to pay any such tax or duty, Customer shall reimburse Cardiac therefore, or provide Cardiac with an appropriate exemption certificate or other documents acceptable to the taxing or customs authorities.

Delivery times and returns

Delivery times are non-binding, but we make every effort to adhere to them. Partial deliveries are permitted. Returns are only possible after prior notice This is possible by arrangement and taking into account our return conditions. Delivery times are non-binding, but will be adhered to wherever possible. Partial deliveries are permitted to a reasonable extent. Compensation for delivery delays that occurred through no fault of your own excluded. This applies in particular in the event of unforeseen operational disruptions Transport routes, lack of manufacturing materials and energy. Otherwise, liability is based on intent and gross negligence. Properly ordered and delivered goods will not be taken back. If the return takes place in individual cases, we are entitled to demand compensation for our expenses. Returns must generally be agreed with us. The freight shall be prepaid by the customer.

Transport

All Products shall be shipped via a carrier designated by Cardiac at customer?s expense. The customer shall pay all costs incurred by Cardiac in connection with shipping such Products, including, without limitation all insurance, freight, cartage, warehousing, and all other charges in connection with loading and shipping the Products to Customer. If the customer fails to accept delivery, the customer shall nonetheless make payment to Cardiac. Claims for shortage, damage or non-delivery shall be made directly to carrier. Cardiac?s responsibility ceases upon delivery to the carrier at the stated shipping point, and risk of loss, damage, injury or destruction to any of the Products shall pass to the customer upon such delivery to the carrier. In no event shall any loss, damage, injury or destruction operate in any manner to release the customer from the obligation to make payments required herein. Cardiac reserves the right to make partial shipments and to submit invoices for partial shipments. Cardiac reserves the right to allocate available Products among its customers in its discretion.

Retention of title

The delivered goods remain the property of CARDIAC Produktdesign GmbH until full payment has been made. The customer is obliged to notify us if the goods are resold and to provide us with security. The goods remain the property of the seller until full payment has been made. In the event of resale/processing of the reserved goods, the buyer hereby joins us until all obligations have been fulfilled our claims, the claims arising from the transactions mentioned and others Claims against its customers with all additional costs as security. When processing, we immediately acquire ownership of its transformation or its connection with another thing on the manufactured item in the ratio of the reserved goods to the value of the new item Time of treatment and processing. Upon request, the customer is obliged to pay the third-party debtor to name and inform about the assignment. The customer's right to receive the goods in the normal course of business to resell or process the goods expires when payments are stopped, applications are made or opened insolvency proceedings and insolvency plan proceedings.

Drawings and Technical Documents

All drawings and technical documents delivered by either of the parties to the other party remain the property of the delivering party, and the receiving party may not improperly use, reproduce, or otherwise disclose such materials to third parties. Tooling, setup, drawing, design information and partial preparation charges, when invoiced to Customer, cover only part of the cost thereof of Cardiac. Customer does not acquire any right, title or interest in any tooling, setup, drawings, design information, or invention resulting there from. All drawings, techniques, inventions or improvements (whether or not patentable) made or conceived in the course of fulfilling any order, including any intellectual property rights pertaining thereto, shall be the sole property of Cardiac.

Limited Warranty

The warranty period is one year, beginning with delivery of the goods or manufacture of the work. The customer's claims for damages due to a defect shall become time-barred one year after delivery of the goods or manufacture of the work. Cardiac warrants that the Products will conform to Cardiac?s published specifications therefore, or such other specifications as the parties may agree in writing, provided that the Products are subjected to only the usage for which they were intended. In the event that any Product fails to comply with the foregoing limited warranty, Customer must promptly (but no later than expiration of the applicable warranty period) contact Cardiac to obtain a return materials authorization. Products must be returned to Cardiac, freight prepaid by Customer, for determination by Cardiac that such Products are defective. Such Products shall be accompanied by a written description of the circumstances under which the applicable Products purportedly failed. Cardiac shall replace or repair, at its sole option and expense, any defective Products for parts thereof that prove to be defective during the warranty period, and return such repaired/replacement Products to Customer, freight prepaid by Cardiac, or refund the purchase price paid therefore. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO Customer. If Cardiac determines in its sole discretion that the defect is attributable to any cause other than poor workmanship or defective materials supplied by Cardiac, then Cardiac shall have no obligation whatsoever with respect to repair or replacement of the defective Products. Cardiac shall return the Products to Customer, freight to be paid by Customer, and the warranty described herein shall be void. This limited warranty does not cover defects caused by normal deterioration and wear and tear, and does not apply if Products have been subject to modification, or to misuse, mishandling, misapplication, operation outside rated capacities, negligence (including, without limitation, improper maintenance), or accident or if any adjustments or repair has been performed by anyone other than Cardiac or an authorized service representative of Cardiac.

Offers/Orders

Our offers are subject to change and only apply to commercial customers. Acceptance of our offers takes place in writing or by email Delivery. Oral agreements are only valid if they are confirmed in writing. We reserve the right To revoke or adjust offers within two weeks of their receipt. Our offers are intended for commercial use only and are subject to change. The Acceptance of the offer occurs through our written order confirmation or through delivery. Oral Agreements are non-binding. We are bound to our offer for two weeks from the date of receipt. At Unless otherwise agreed, a delivery period of twelve months applies to call-off orders Date of order confirmation. If acceptance has not taken place by then, we are entitled to demand payment from the customer to demand advance payment of the purchase price and to schedule deliveries at our discretion to be carried out. The alternative option is to withdraw from the contract or compensation according to Section �326 of the German Civil Code (BGB). Claims due to non-fulfillment remain unaffected by this.

Complaints about defects

The customer must immediately check the delivered goods for defects and notify us of any defects immediately in writing. If complaints about defects are justified, we will provide replacement delivery or repair at our discretion. Further claims by the customer, in particular claims for damages, are excluded. The buyer must immediately inspect the delivered goods for deviations in quantity and defects. Complaints will only be made taken into account if they are made by the buyer within 10 working days of receipt of the goods. With entitled ones In the event of complaints, we will provide replacement delivery or repair at our discretion. Multiple improvements are permitted. In any case, we must be given the opportunity to determine the defect complained about. At our request is to return the complained goods to us immediately. Further claims by the buyer are expressly excluded. This applies in particular to damage caused by improper processing and processing. All written or oral information about the suitability and possible applications of our products are carried out to the best of our knowledge. However, they represent empirical values ??that are not guaranteed. The Rather, the purchaser has verified the suitability of the products for the intended purpose through his own examination intended use.

Further clauses

German law applies exclusively. Place of performance and jurisdiction for all disputes arising from or In connection with these General Terms and Conditions, the registered office is CARDIAC Produktdesign GmbH. Should individual provisions of this If the General Terms and Conditions are or become ineffective, the effectiveness of the remaining provisions remains unaffected. German law applies exclusively. The place of performance and jurisdiction is the company?s registered office.

Severability clause

If one of the afore mentioned provisions of these General Terms and Conditions is void, ineffective or be unenforceable, the remaining provisions and the underlying provisions remain valid This does not affect the contract.

Produktdesign GmbH