1.1 All orders for dental Alphalign® services and products of the company Dental Vital GmbH - hereinafter referred to contractor - are performed by these Terms and Conditions. The terms and conditions apply for the entire duration of the business relationship, even if a payment is made to a third party..
1.2 Changes, additions and deletion of whole or parts of the Terms and Conditions require the written consent of both parties. In the event of invalidity of any provision these terms and conditions remain in effect and binding in the rest.
§ 2 Contractors and Product Description
2.1 Exclusive contract with the contractor in accordance with these T & C are dentists and orthodontists - hereinafter referred principal - who take dental Alphalign® products and services of the contractor for the treatment of their patients to complete.
2.2 The contractor and sells, among others clear plastic rails of Alphalign® brand to correct malocclusions.
§ 3 Contract
The contract comes into existence upon receipt of the order by the contractor stating the required patient data and pine profiles including send by mail of upper and lower jaw models / casts, wax bite / silicone bite of the patient and the subsequent written confirmation by the contractor.
§ 4 Prices
4.1. The calculation of dental services shall be applicable on the date of order price list plus VAT.
4.2. Estimates / offers refer to the applicable on the date of issue price list and are only subject to an order is placed within 30 days of receipt of the offer for the contractor binding.
§ 5 Delivery Terms
5.1. The dispatch of the tracks made by the and at the risk of contractor (s), of conditional to prior justification, to make the delivery of the advance payment of the invoice (advance) dependent, or to send COD.
5.2. The previous delivery of the necessary models, marks and bites by the contracting authority at the expense and risk of the buyer.
§ 6 Delivery Time
A possible specified delivery time is not binding. The is not responsible by the contractor change the delivery time does not lead to default. The Supplier fails to supply only after warning and formal notice with penalty which may not be pronounced in a letter, in arrears.
§ 7 Liability
7.1. The client has to check the work immediately upon receipt on the accuracy and completeness. Complaints are by the customer immediately, in writing within 10 days after receipt of goods. The client has to provide the necessary working models, ggf.neue footprints, and its time available for a replacement.
7.2 Warranty claims by the customer are limited to replacement of those tracks that either during delivery - before treatment - are flawed or during treatment despite correct usage and wear behavior of the patient (. See item 7.6) to break and / or imperfect fit. The prerequisite for this is the over broadcast of offending by the principal rails to the Contractor for review.
7.3 If not successful remedial part of the contractor, the client has the right to the remuneration reduced.
7.4 Claims for damages are excluded, unless they are based on an intentional or grossly negligent breach of contract by the contractor.
7.5 Liability for defects caused by faulty models, marks and / or other preparatory work of the client - in particular through before creating the models / Footprints not fully completed zahnkonservierende, paradontologische, prosthetic or dental surgical treatment the patient - occur are likewise excluded.
7.6 The success of treatment for the patient, for the seller assumes no liability and warranty depends crucially on the correct and regular wearing Alphalign® rails and regular monitoring by the treating physician (customer) from. We recommend a consistent as possible - at least 22 - hours - supporting the rails per day during treatment with Alphalign®, otherwise the fit of the rails sequence can no longer be guaranteed. This requirement of the client has his patients emphasized as well as the requirement of a uniform application of force when inserting and removing the rails, as they may break otherwise. Furthermore, the patient of the client is to be noted that no zahnkonservierenden, paradontologischen, prosthetic and dental surgical procedures may be performed during treatment with Alphalign® to ensure the fit of the sequence tracks.
For any become necessary by the aforementioned shortcomings subsequent work, - such as i.a. the subsequent creating replacement bars - has not cost effective to stand the contractor.
7.7 Unless there are other agreements or any mandatory statutory regulation precludes the lapse all claims against the contractor, one year after receipt of the goods.
§ 8 Payment / Order cancellation
8.1 The accounting of the contractor is usually carried out simultaneously with the above broadcast of Alphalign® rails to the client. The bill is subject to the provisions under point 5.1 due and payable no later than 30 days after receipt of invoice, without the occurrence of default, still requires a separate reminder.
8.2 In an order cancellation by the customer before delivery of this Alphalign® the Vendor shall from the date of order confirmation
the contractual remuneration.
8.3. Subject to the payment claims of the contractor, the client can only offset undisputed and legally valid claims.
§ 9 Retention of title
Until full payment of all claims the works property of the contractor remain.
§ 10 Copyright and Trademark protection
The Alphalign® products may be used by the client only for the treatment of its respective patient. The disclosure to third parties is strictly prohibited and shall entitle the Contractor to take the customer to pay compensation.
§ 11 Fulfillment and Jurisdiction
he law of the Federal Republic of Germany. The provisions of the UN Sales Convention shall not apply. Fulfillment and jurisdiction of all aspects of the contract is Kassel.
Kassel, the 03.05.2010