1. Scope

a. These delivery conditions apply to all contracts, deliveries and also

other services, including any consulting services exclusively in the

commercial/industrial traffic.

b. The customer/buyer’s terms and conditions of purchase are hereby expressly rejected.

2. Offer and conclusion of contract

a. Offers from the seller are always subject to change, contracts and other agreements are

only binding upon written confirmation by the seller. The written

Sales contract between seller and customer.

b. If employees or representatives should make oral side agreements with the customer/buyer or other

If we make assurances that go beyond the written purchase contract, these always require the

written confirmation from the seller.

c. Oral statements made by persons who are authorized to represent the Seller without limitation or to

are authorized without limitation, remain unaffected by the above provisions.

d. The documents belonging to the offer such as descriptions, illustrations and weight and

Unless otherwise agreed, dimensions are only approximate.

e. The equipment/goods are sold exclusively to buyers/customers who operate them professionally

and can use it. The buyer/customer declares that he/she will ensure proper use.

The instructions in the operating instructions enclosed with the product are an integral part of the product and must be

to avoid damage – including consequential damage – caused by incorrect operation. For damage –

Liability for consequential damages caused by incorrect operation is expressly excluded.

3. Delivery conditions, delay, impossibility of delivery

a. The expiry of certain delivery periods and dates shall release the buyer who wishes to withdraw from the contract or

If the customer wishes to claim damages for non-performance, he is not exempt from setting a reasonable grace period for

Provision of the service and the declaration that he will refuse the service after the expiry of the deadline. This applies

not if the seller expressly and in writing stipulates a deadline or date for performance as binding

has designated.

In this respect, the agreement in the purchase contract is decisive.

b. The delivery period shall, however, be extended appropriately, even within a delay, in the event of force majeure.

force majeure and all unforeseen obstacles occurring after the conclusion of the contract, which the seller

is not responsible (this applies in particular to operational disruptions, strikes, lockouts or disruption of

transport routes) insofar as such obstacles can be proven to affect the delivery of the item sold by

This also applies if these circumstances occur with the seller’s suppliers and

their subcontractors. The seller shall inform the customer/buyer of the beginning and end of such obstacles

The customer/buyer can request a statement from the seller as to whether he wishes to withdraw or

within a reasonable period of time. If the seller does not respond immediately, the buyer has the

Right to withdraw from the contract. Otherwise, the goods will be delivered after 20 working days after

crediting of the down payment or a deposit to the seller's account. In case of delivery of the

Goods with subsequent training by the seller or by a person appointed by the seller

Delivery takes place after 25 working days. Irrespective of point b., the seller reserves the right to wait a further 14 days

Delivery deadlines apply if the delivery is delayed due to reasons beyond the control of the

Seller's fault. The buyer/customer will be informed of such circumstances immediately. In case of higher

Force majeure or other circumstances that cannot be eliminated, the obligation to perform shall lapse. In this case

the buyer/customer is entitled to the statutory claims in the event of impossibility.

c. Delivery periods shall be extended by the period in which the Buyer fails to meet his agreed contractual obligations

within an ongoing business relationship and from other contracts. This applies

in particular for non-fulfillment of payment obligations, e.g. in the context of a down payment on the

object of purchase.

d. The seller shall not be liable for delay or failure (impossibility) of delivery as long as he,

his vicarious agents and sub-suppliers are not to blame. In all other respects, he is liable according to the

statutory provisions. If the seller is required to pay damages, this is limited to minor

Negligence of the seller, the buyer is entitled to compensation if the contract with

a commercial activity of the buyer on the date of conclusion of the contract

foreseeable damage, but not more than 10% of the value of that part of the total delivery which is

Delay or non-delivery cannot be used on time or in accordance with the contract.

However, the seller is not liable for any delay or failure to deliver due to the fault of his supplier.

to stand up for yourself.

e. The Buyer’s right to withdraw after the expiry of a grace period granted to the Seller remains

untouched.

4. Shipping of goods, transfer of risk, packaging

a. Unless otherwise agreed, the means of dispatch and the dispatch route(s) are at the discretion of the Seller.

The goods will be insured at the request and expense of the buyer. All items/goods will be shipped within

Federal Republic of Germany and also delivered to many countries around the world. Country-specific regulations –

in particular customs regulations – must be observed.

b. If the shipment and/or acceptance is delayed at the request or due to the fault of the buyer

(delay in acceptance), the goods will be stored exclusively at the expense and risk of the buyer. In this case,

The notification of readiness for dispatch is also equivalent to dispatch.

c. Delivery will be made either by the seller himself or by a shipping company commissioned by the seller.

Any instruction and training requested will be provided by the seller or a person appointed by the seller

authorized person. Otherwise, the risk passes to the buyer when the goods are handed over to a forwarding agent or

carrier, but at the latest when the goods leave the warehouse, to the buyer, even if

delivery is carried out by the seller's vehicles.

d. The device is delivered in a special box (packaging) that ensures safe transport

This box/packaging is the responsibility of the customer/buyer for any possible warranty claim.

or warranty case and to ship the goods in it.

5. Price(s) and payment(s)

a. Prices are always exclusive of applicable VAT.

b. The total price including applicable VAT is stated in the purchase contract.

. c. Unless expressly agreed otherwise, payment must be made within 30 days after

invoice date in such a way that the seller receives the agreed amount for the settlement of the invoice

is available at the latest on the due date. Payments for consultations, training and repairs

are due immediately without deduction.

d. Bills of exchange and cheques: The seller will only accept discountable and

properly taxed bills of exchange as payment. Credits for bills of exchange and cheques are made

subject to receipt less expenses with value date of the day on which the seller has received the

equivalent value.

e. The Seller’s claims shall be independent of the term of any received and

credited bill of exchange is due immediately if the payment terms are not met or facts

become known which indicate a significant deterioration in the buyer’s financial situation.

In the latter case, the Seller is entitled to make further deliveries subject to advance payment or the provision

to make it dependent on appropriate security (deposits).

f. If the customer/buyer defaults on payment or fails to redeem a bill of exchange when it is due, the seller

entitled to take back the goods, possibly himself or through a representative to stop the operation of the

customer/buyer and take away the goods. The seller can also refuse to resell

and removal of the delivered goods. The return does not constitute a withdrawal from the contract.

g. Any agreed discounts will not be granted if the buyer fails to pay for previous deliveries

is behind schedule.

h. Set-off against any counterclaims of the buyer that are disputed by the seller is not permitted.

Assertion of a right of retention due to non-recognized or not legally established

Counterclaims are excluded unless these claims are based on the same contractual relationship.

If a complaint is made, the buyer’s payments may be withheld to an extent

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which are proportionate to the defects that have occurred. However, if the

Contract for the operation of his commercial business, the customer/buyer can only withhold payments if

a justified complaint of defects is made.

i. Payments may only be made to employees or agents of the Seller if they have a valid

You must provide a debt collection authorization. Otherwise, a payment will not be considered debt-discharging.

6. Retention of title

a. The seller retains title to the goods until the purchase price has been paid in full. In the case of goods,

which the customer/buyer obtains from him in the course of his commercial activity, the seller reserves the right

Ownership remains until all of his claims against the buyer arising from the business relationship including

of future claims, including contracts concluded at the same time or later,

This also applies if individual or all of the seller’s claims are included in a current invoice

have been taken and the balance has been drawn and acknowledged. In connection with the payment of the

If the buyer fails to pay the purchase price and the seller is liable for the bill of exchange, the

Retention of title does not apply until the bill of exchange has been redeemed by the buyer as drawee.

b. The customer/buyer must inform the seller about any third party access to the reserved goods and assigned

He may only use the reserved goods in the ordinary course of business for his

normal business conditions and as long as he is not in default, provided that the

Claims from the resale shall pass to the seller in accordance with the following letter.

He is expressly not entitled to make any other disposition of the reserved goods.

c. The customer/buyer’s claims from the resale of the reserved goods are already transferred to

assigned to the seller. They serve as security to the same extent as the reserved goods themselves.

the reserved goods are purchased by the customer/buyer together with other goods not supplied by the seller

sold, the claim from the resale shall be calculated in proportion to the invoice value of the other

sold goods.

7. Notice of defects, warranty and guarantee

a. The seller is only liable for defects as follows:

The customer/buyer must check the received goods immediately upon arrival for quantity, quality and

Obvious defects must be reported within one week at the latest.

by written notification to the seller (obligation to examine and complain of defects of the

Customer/Buyer). A minor deviation from the agreed quality or a merely

Insignificant impairment of usability does not constitute a defect.

b. In the case of justified complaints, defective goods will be repaired at the Seller’s discretion.

c. The place of performance of the repair is always Taunusstein, on-site service is always a non-binding choice of the

seller.

d. The Buyer shall grant the Seller the time and

opportunity to provide, in particular, the object in question or a sample thereof

otherwise the warranty will be void.

e. Any improper modifications or repairs carried out by the buyer or third parties will

Liability for the resulting consequences is expressly excluded. This applies in particular in the event

that any seals are broken. Natural wear and tear is not considered a defect.

Ageing and natural wear and tear are not defects and are therefore generally excluded from the warranty

excluded. Ageing is the totality of all irreversible changes that occur in a material over time.

chemical and physical processes. Wear is the progressive loss of material from the surface

of a solid body caused by mechanical causes, ie contact and/or relative motion

a solid, liquid or gaseous counter-body.

f. The warranty period is 2 years, unless otherwise agreed.

g. For used goods and commercial customers, the warranty is, unless otherwise agreed

is 1 year. Otherwise, however, the period runs at least until the expiry of the original warranty period

for the delivery item or as long as and to the extent that the seller himself has a corresponding longer

Warranty periods or further claims against its suppliers. The deadline for the

Liability for defects is extended by the duration of the interruption in operation that occurs as a result of

Repairs, replacement deliveries or replacement services are required for those parts which are

the interruption cannot be used for its intended purpose.

h. Special conditions for a contractually agreed guarantee: If the seller provides a guarantee

The warranty conditions, ie the content and all essential information required for the

necessary to assert the guarantee, in particular the duration and the geographical scope

of the warranty protection and the name and address of the seller, as stated in the contract. The warranty

begins with the delivery of the device/goods and extends to the free

Repair and free replacement of parts recognised by the Seller as defective as well as

labor required to repair the device. Guarantee is granted on electrical/electronic

Components inside the device and display (malfunction). On handpieces, laser and IPL, SHR handpieces

No guarantee is given for glass breakage. In particular, no guarantee is given for damage to sapphire

/Crystal glass and filter in the handpiece as well as display crack, as this is not a manufacturing defect, but a

represents damage that is due to improper handling. In addition to point e.

natural wear and tear and wearing parts such as xenon flash lamp, laser handpiece, upholstery,

Films, other moving parts, hoses, cables, closures and mechanical connections, etc. from the

Warranty obligation excluded. The guarantee applies to every customer/buyer, regardless of his

Residence.

i. The warranty period is not extended by work carried out under the contractual warranty.

In particular, the replacement of a part within the scope of the guarantee extends the term

The contractual guarantee on the replaced parts ends with the expiration of the

Warranty of the device. To make a warranty claim, only the type number and the serial number are required.

No. of the device. In this regard, all data on the device as well as the current warranty status are

Seller deposited.

j. In addition to all points, the customer/buyer loses his warranty and, if applicable,

Warranty claims, especially if changes or software modifications or conversions to

the device that have not been expressly approved by the seller, if

Security seals have been broken or damaged, if type plates attached to the devices

have been removed if improper handling or improper use of the

device, especially by untrained personnel, if a defect/fault is found on

intentional and grossly negligent damage caused by the customer/buyer/user

or if the instructions in the operating manual are demonstrably violated and in particular if the

The pulse or operating time counter of the device has been manipulated and/or changed or the actual

Pulse level cannot be determined with certainty.

8. General Limitation(s) of Liability

a. The liability of the seller is governed exclusively by the provisions of the preceding section.

Agreements. Claims for damages by the customer/buyer due to negligence when concluding the contract (cic),

Violation of secondary contractual obligations (pVV) and tort are excluded, unless

they are based on intent, gross negligence by the seller or one of his vicarious agents. These

Limitations of liability apply to the buyer accordingly. Any claims expire six months after

after receipt of the goods by the customer/buyer.

b. Claims under the Product Liability Act remain unaffected by the above provision.

c. The exclusion of liability does not extend to claims according to §§ 1, 4 of the Product Liability Act.

To the extent that liability is otherwise excluded or limited, this also applies to the personal liability of

Employees, workers, staff, representatives and other vicarious agents. If negligently a

If a contractual obligation is violated, the liability for damage to property and/or personal injury is limited to the

limited to the amount covered by an existing product liability insurance policy.

9. Repairs

a. If a binding cost estimate is required before repairs are carried out,

This must be expressly stated. The costs for the estimate must be reimbursed appropriately if the

Repair is not ordered for whatever reason.

b. Whether a repair is carried out in the Seller's own workshop or in a third party workshop is the decision of the Seller at his own discretion.

Discretion.

c. The provisions of paragraphs 7 and 8 shall apply accordingly to the Seller’s warranty.

d. Shipping and packaging costs are borne by the customer/buyer. Travel costs of the seller are borne by

always the customer/buyer.

e. Repair invoices are – unless otherwise agreed – due immediately without deduction of any discount.

f. Any warranty does not cover: faults caused by damage, incorrect connection or

incorrect operation by the customer/buyer. When selling used equipment,

Unless the seller is legally liable or otherwise agreed, any warranty

of the seller is excluded (see points 7f and g.).

10. Place of performance, jurisdiction, applicable law, exclusion of the UN Convention on Contracts for the International Sale of Goods

a. Place of performance and exclusive jurisdiction for deliveries and payments (including checks and

bill of exchange claims) as well as all disputes arising between the parties – unless

Unless otherwise agreed - if the buyer is a registered trader, legal entity under public law or

is a special fund under public law, the head office of the seller (currently Taunusstein thus

Place of jurisdiction Wiesbaden or Bad-Schwalbach).

b. The relations between the Contracting Parties shall be governed exclusively by the law applicable in the Federal Republic of

German law (in particular the provisions of the German Civil Code and the German Commercial Code) excluding the UN

Sales Law (CISG):

11. Miscellaneous

a. Oral side agreements do not exist or are invalid.

b. Our devices are manufactured and tested according to strict PLM design, software and quality specifications by our EN-ISO certified partner companies as a private label with the highest quality components according to German quality standards. They meet German, European and American standards.

c. The use of our devices without a valid CE marking is not permitted.

d. Incorrect placing on the market does not entitle the device to be returned and requires immediate correction by the person placing the device on the market.

e. The use of our devices in the delivery state and for any customer-side training is excluded and requires our approval.

f. The buyer undertakes to keep the treatment technicians’ knowledge taught in our training courses strictly confidential and not to offer any training courses on this subject without our approval.

g. The contracting parties agree to contact each other in the event of any problems, disagreements or dissatisfaction and to keep them confidential.

h. Contracting parties undertake to refrain from making negative criticism and statements that are damaging to the business or reputation in any way, including those involving third parties.

13. Contractual penalty

The contracting parties agree that in case of non-compliance with points a to h of point 11, an immediate contractual penalty of EUR 50,000 net will be due.

14. Data Protection

In accordance with Section 33 BDSG and Section 3 TDDSG, we would like to point out that the customer/buyer's data is stored in machine-readable form and is only made available to the employees entrusted with its fulfillment and, if applicable, to the provider within the scope of the specified purpose. The passing on of customer/buyer data to other companies or advertisers is excluded!

Ensuring data protection - the protection of personal rights - is an important concern for the seller. The customer/buyer can be sure that the seller will handle the data responsibly and that the necessary technical and organizational measures have been taken to ensure a high level of protection for the stored data.

15. Severability Clause Should one or more of the above provisions be invalid or subsequently become invalid, this shall not affect the validity of the other agreed terms. In such a case, if necessary, the seller and customer/buyer undertake to replace the invalid provision with such an effective agreement that best serves the business purpose and the processing of the contractual relationship intended by both parties or comes closest to it.