General terms and conditions of MEDISANA GmbH
 

Article 1 Applicability

1.1 These general terms and conditions are applicable to and for part of all purchase and sales
contracts between Medisana GmbH, hereinafter referred to as Medisana, and buyer and
further apply to all offers and confirmations of order relating to these contracts. Only the most
recent version of these terms and conditions relate to future or follow-up agreements.
All offers of Medisana are without obligation and are valid for a period of one month, unless
determined otherwise by Medisana in the offer. Contracts are concluded only following the
written confirmation from Medisana.

1.3 By entering into the purchase contract, the buyer renounces any of his own (purchase)
conditions, regardless of name and format and in such a way that only these terms and conditions
apply to all contracts, including the conclusion and execution thereof.

1.4 All (legal) actions and practices carried out by an official or employee of the buyer within the
framework of the contract entered into by us with the buyer are deemed to be authorised on
behalf of the buyer and are binding. On the subject of these actions or practices, the buyer is
unable to claim that no authorisation is in place that represents or binds the buyer.

Article 2 Prices
2.1 All prices are stated in EUROs and are inclusive of VAT, excluding packaging, transport costs and any
insurance costs, unless explicitly agreed otherwise in the purchase contract.

2.2 The prices used by Medisana are based on equipment-wage freight rates and currency
ratios applicable on the date the offer is made. Medisana reserves the right to pass on any
price increases occurred after the offer is made to the buyer.

Article 3 Delivery
3.1 If it has been explicitly agreed that the delivery is carriage paid, the goods shall be transported
at the expense and risk of Medisana. In all other cases, the goods are transported from a
location indicated by Medisana to the place of destination at the expense and risk of the buyer.

3.2 The buyer must infom Medisana of the correct delivery address and all necessary instructions
applicable to the delivery at the time the order is placed. The buyer is obliged to make
preparations to ensure that the goods can be delivered or unloaded at the stated delivery
address, between 08.00am - 05.00pm

3.3 The buyer is obliged to accept the goods the moment they are delivered by Medisana, or the
moment they are made available to him. If the buyer refuses to accept the goods, Medisana
reserves the right to store the goods at the expense and the risk of the buyer.

3.4 If the buyer fails to enable Medisana or its transport provider to deliver or unload directly upon
arrival, and Medisana or its transport provider are confronted with waiting times or other delays as
a result of incorrect and/or insufficient instructions, Medisana reserves the right to charge the
buyer the costs and damage incurred and the buyer is obliged to settle the costs and/or damage
to Medisana.

3.5 Stated delivery terms are always indicative and not a final deadline.