Terms & Conditions

Rocksnake GmbH & Co KG

Terms and Conditions

1. General – Scope of application

These terms and conditions apply exclusively and for all current and future business relationships of our company. They basically apply to all offers, deliveries and services. Deviating agreements require written confirmation. Deviating, conflicting or supplementary terms and conditions of one of our customers will not become part of the contract, even if they are known.

2. Conclusion of a contract

Our offers are non-binding. We reserve the right to make technical changes as well as changes in shape, color and / or weight within reasonable limits. The presentation of our goods in print or electronic media does not constitute a binding offer on our part. Orders can be placed by telephone, in writing or electronically. For new customers, the first order must be written. The conclusion of the contract is subject to correct and timely self-supply. The customer is informed about the unavailability of the service.

3. Delivery

Delivery is ex works or freight collect. From an order value of € 1000, delivery is free of transportation charges in Germany and Austria.

For bulky items, girth> 300 cm (girth = circumference + length) or length max. 175 cm or weight> 30 kg, which are indicated accordingly in the product description, as well as dangerous goods, will be charged separately. For orders with a net value of less than € 25, we reserve the right to apply a surcharge of € 7.50. Deliveries to private individuals are only made by cash on delivery or against prepayment. The right to reasonable partial deliveries and their invoicing as well as the adjustment of the order quantity to the next higher packaging unit is expressly reserved, unless the customer objects in advance. The choice of the dispatch route and the dispatch type is made by us to the best of our judgment. A delivery date is agreed according to the foreseeable capacity of Rocksnake GmbH & Co KG and is non-binding and subject to timely delivery. Delays in delivery due to force majeure or other events for which we are not responsible extend the delivery date accordingly, even if they occur during a delay that has already occurred. In the case of ordinary negligence, the customer is not entitled to claim damages for delayed delivery.

4. Return of delivered goods

Ordered and properly delivered goods can only be returned after prior agreement with us - within 1 month of the invoice date. The goods must be in a salable condition in undamaged original packaging. The return must be free of charge. We reserve the right to charge a processing fee of 10% of the value of the goods, but at least 10 €. Sterile packaged products, custom-made products and products ordered at the customer's request are generally excluded from being returned or exchanged. Used goods that have already come into contact with patients must be cleaned and disinfected before they are returned. This does not affect the buyer's rights with regard to notification of defects.

5. Warranty and notification of defects

Rocksnake GmbH & Co KG guarantees that the products are free of material and legal defects at the time of the transfer of risk. The duration of the guarantee is 2 years from receipt of the goods. The following are excluded from the guarantee:

• Parts that are subject to wearout and tear due to use.
• Defects that are caused by improper use, excessive stress or insufficient maintenance or care, as well as treatment with non-approved chemicals for cleaning.
• Products to which you have made your own changes or additions.

The customer must check the goods for defects and completeness immediately after accepting the delivery. Damage to the transport packaging must be recorded on the shipping documents upon receipt. Obvious defects must be reported in written form without undue delay, but no later than 5 working days after receipt of the goods. Defects that could have been identified during such a check, can no longer be asserted at a later point in time. Defects that are not obvious must be reported within 5 working days of their detection, but no later than 12 months after delivery. If a report is omitted or the goods are used, the goods are considered as approved. In the case of justified complaints, we are obliged to remedy the defect. We are entitled to deliver replacements instead of remedying the defects. If we are delayed in remedying the defect or the delivery of a replacement takes more than 4 weeks, if it fails or if it is impossible, the buyer can demand a reduction in the purchase price or withdrawal from the purchase contract. Further warranty claims are excluded.

6. Prices and terms of payment:

The prices valid on the day of delivery are decisive for the calculation of prices. Unless otherwise agreed in writing, our prices are net prices from the place of dispatch excluding freight, packaging and VAT. They apply to the Federal Republic of Germany and Austria. The statutory VAT applicable on the day of delivery is decisive. The prices apply until a new price list is published. All of our shipments are insured for transport. Our invoices are payable within 30 days of the invoice date received here without any deduction. We grant a 2% discount for payments within 10 days of the invoice date. We grant a 3% discount for cash payments and payments by direct debit. The default interest is 5% above the discount rate of the Deutsche Bundesbank or the Austrian National Bank. Payment obligations are only considered fulfilled when we can finally dispose of the equivalent of our claim.

7. Retention of title:

We reserve the title to goods delivered by us until full payment of all, including future claims, from the entire business relationship, including all ancillary claims. The customer may sell the goods subject to retention of title in the ordinary course of his business. He already now assigns all claims from the resale to us. Exceptional dispositions such as assignment, pledging and security transfer are not permitted. If goods are exchanged by Rocksnake as part of the warranty, it is already agreed today that ownership of the goods to be exchanged will alternately be transferred from the customer to Rocksnake GmbH & Co KG or vice versa when the exchange goods reach the customer.

8. Place of fulfillment / place of jurisdiction

The contractual relationships are exclusively subject to Austrian law. The application of international sales law is excluded. The place of performance is Bichlbach / Tyrol. The exclusive place of jurisdiction for all disputes is Innsbruck. Or, at our option, the buyer's place of residence.

9. Data protection clause

We are entitled to process the data received about the buyer with regard to the business relationship or in connection with it, regardless of whether it comes from the buyer himself or from third parties.

10. Final provisions

Should one of these provisions be or become ineffective, this shall not affect the validity of the remaining provisions. The parties undertake to legally agree on a provision that is as economically and legally equivalent as possible to the ineffective provision.

Rocksnake GmbH&CoKG. 6.6.2012 – AS. We reserve the right to make changes.