Terms of Service
TERMS OF DELIVERY AND PAYMENT
Our offers, sales and deliveries are made exclusively on the basis of the following terms and conditions. These terms and conditions are part of the contracts with our customers. Upon placing an order - in whatever form - our General Terms and Conditions of Sale shall become binding; any conflicting general terms and conditions of the customer shall be invalid unless HiSS Diagnostics has expressly agreed to their validity in writing.
Prices, Terms of Payment, Default of Payment, Offsetting, Right of Retention
The calculation is based on the catalog/list prices valid at the time the order is placed or on the agreed offer prices net. To this must be added the applicable statutory value added tax and - unless otherwise agreed - the costs of packaging, transport and insurance, if necessary, for cooling during transport.
Invoices are payable within 30 days without deduction. If the customer does not pay an invoice in due time, he is automatically in default without the need for a reminder. If the deadline is exceeded, default interest will be charged at a rate of 2% above the official discount rate. The customer shall only be entitled to set-off or retention if his counterclaim has been legally established, is undisputed or acknowledged by HiSS Diagnostics and is based on the same contractual relationship. Payments made by the customer shall first be set off against costs, then against interest and the oldest invoices. Reductions for postage and bank transfer orders or similar fees will not be accepted.
Retention of Title
HiSS Diagnostics reserves the right of ownership of the respective contractual product until receipt of all payments arising from the contractual relationship with the customer.
Delivery and Performance Time, Delays
Delivery periods are met if the contractual goods have left the warehouse or readiness for dispatch has been notified before their expiry. Events of force majeure shall entitle HiSS Diagnostics - even within the delay - to postpone the delivery or service for the duration of the hindrance. All circumstances for which HiSS Diagnostics is not responsible and which make it impossible or unreasonably difficult for HiSS Diagnostics to perform the delivery or service, such as e.g. legal strike or legal lockout, war, import and export prohibitions, shortage of energy and raw materials, official measures, untimely self-delivery for which HiSS Diagnostics is not responsible, shall be deemed equivalent to force majeure. If the hindrance lasts longer than two months, the customer shall be entitled, after having granted a reasonable grace period, to withdraw from the contract if he proves that the partially still outstanding performance of the contract is no longer of interest to him due to the delay.
Warranty for Defects
Warranty rights of the customer require that the customer inspects the contractual products immediately after delivery and notifies HiSS Diagnostics immediately (within 4 working days) in writing in case of recognizable defects or deviations in quantity. If a contractual product delivered by HiSS Diagnostics is defective, HiSS Diagnostics may choose within two weeks after notification of the defect whether it will remedy the defect by repair or subsequent delivery. If the chosen form of subsequent performance fails, the customer may withdraw from the contract or reduce the purchase price. Other warranty rights are excluded. The customer shall support HiSS Diagnostics to the best of its ability in the determination of errors and the elimination of defects.
Returns which are made without the prior consent of HiSS Diagnostics shall be returned to the Customer at the Customer's expense and risk. Any warranty of HiSS Diagnostics shall be void if the customer does not use, treat and store the contractual product in accordance with the instructions of HiSS Diagnostics and the defect occurred is due to this.
Total Liability and Compensation
HiSS Diagnostics shall only be liable for damages in cases of intent and gross negligence. In case of simple negligence HiSS Diagnostics shall only be liable and limited to the foreseeable damage typical for the contract, if an obligation is violated, the compliance with which is of particular importance for the achievement of the purpose of the contract (major obligation).
In cases of initial impossibility HiSS Diagnostics shall only be liable if it was aware of the hindrance to performance or if its ignorance is based on gross negligence. In any case, compensation for consequential damages, such as loss of profit, shall be excluded.
According to the legal data protection regulations, all personal data transmitted to us is protected for an unlimited period of time. With your consent, we only store your customer master data and the data about your order. We do not sell any personal data of customers and do not leave this data to third parties, with the exception of partner companies that support us in processing the order and are also obliged to comply with data protection standards.
Place of Performance, Place of Jurisdiction and Governing Law
Place of Performance is Freiburg im Breisgau. Place of jurisdiction is Freiburg im Breisgau, Germany.
In any case, especially in the case of cross-border deliveries, German law (BGB) shall apply. The law of the United Nations Convention on Contracts for the International Sale of Goods (CISG) of 11.04.1980 shall apply subsidiarily to foreign transactions.