Terms and Conditions

1. General

The terms apply to all current and future business relations. Our offers, deliveries and services are exclusively based on these terms. Conflicting terms and conditions do not apply, unless they are approved by us explicitly and in writing. The order acceptance occurs through written confirmation or through actual causing of the achievement.

2. Offer and contract

Our offers are not-binding and non-binding. Contracts and agreements will be for us only by our written confirmation or telex, but in any case through the acquisition of the asset purchase agreement by the buyer.

We expressly point out that our product is made solely to customer specifications!
Thus there is no right of withdrawal for consumers after signing the contract!
Besides, it is effective §312d, paragraph 4, point 1 Civil Code (cancellation right and right of return with distant sales contracts)!
Extract:
The right of withdrawal exists, unless otherwise provided, not in distance contracts
1. the supply of goods that can be manufactured according to customer specifications or clearly tailored to personal needs or that are not suitable due to their condition for a return or spoil quickly or whose expiration date was exceeded

Changes and additional agreements oblige us only, as far as they were confirmed by us in writing. In offers or enclosed documents contained information about dimensions, weights, loading capacity and other information about product features become only a contract component if they are performed in the confirmation of order. We reserve ourselves changes for the purposes of the technical advancement, as far as these are reasonable for the customer.At the given documents, we retain the copyright. Copies of every kind for purposes of third parties are prohibited!

3. Delivery times

The terms of delivery called by us and dates of delivery are obliging only if they were confirmed by us in writing as obliging.Basic operational problems, particularly because of which we are not representative of raw materials or labor shortages, strikes, lockouts, transport disruptions or other force majeure relieve both parties from contractual obligations. Compensation claims because of late delivery or achievement are excluded, as far as coarse carelessness or intention cannot be proved to us. With essential deterioration of the property relations of the customer, in particular with payment setting, bankruptcy opening or comparative opening, our duty of delivery is cancelled.Appropriate partial shipments are allowed us.

4. Prices

Our prices are valid plus value added tax by the legal height, as well as plus other costs and public deliveries, in particular of the carriage and insurance premiums. If the buyer is not an entrepreneur, is the price including VAT as agreed. There are finally in our order confirmation mentioned prices We reserve ourselves price changes in the extent if up to the implementation of the order raw material prices, wages, carriage, tax sentences or other expense factors with immediate effect on our calculation change and the implementation of the order occurs since end of the contract later than four months after completion of the contract. After the expiration of
4 months, we are entitled based on the total cost of the revised delivery date to be corrected. If delivery is delayed for reasons which we have to represent, the end of the price guarantee for the duration of the delay is inhibited. A compensation of the customer with payment claims of the company DentCinema GmbH is excluded, unless the demand of the customer has approved by sides of the company DentCinema GmbH or has been ascertained legally.

5. Payment Terms

The buyer has to make within 7 days after order date a deposit at the rate of 15% from the total.
If he does not, the order is executed only after receipt of payment. The consequent delay in the completition lies in the responsibility of the buyer!
Unless otherwise agreed in writing, our goods are picked up by the customer or before shipping, the full amount in cash to pay. Other modes of payment are possible only according to the previous written arrangement. The buyer bears additional costs in connection with alternative modes of payment. In case of the acceptance delay of the customer the payment becomes due at the end of 15 days after announcement of the dispatch readiness or the possibility for the collection. By completion of the contract the creditworthiness of the buyer is assumed. If an alternative payment method has been agreed and will be a significant deterioration in economic conditions of the buyer, payment arrears and other legitimate doubts about the solvency of the buyer, so we are also entitled to future deliveries to revoke or rescind the contract. Any outstanding balance becomes immediately due. For payment we can, without prejudice to our legal possibility of going beyond damage, and without prejudice to the possibility of the buyer to provide us with a lower damage, arrears amounting to 5% above the respective discount rate of the German Central Bank demand.

6. Retention of title

We reserve ourselves the property in the delivered goods up to the entire payment all to us from the business connection to the customer, and provided that the customer is an enterpriser, still to originating demands, immediately for which legal argument.The attitude of individual claims in a current account and the balance and their recognition affect the retention of title does not. The purchaser can resell the goods delivered by us at any time revocable under his proper business. A pledge or security is forbidden to him. Any seizure or other impairment of our rights must notify us immediately. The demand from the resale of goods supplied by us, the ordering party from now and with all ancillary and design rights to us. By now we accept this cession. The buyer is entitled to collect the receivables assigned to us and committed, as long as we have not revoked such authorization. The direct-debit authorisation also goes out without explicit cancellation if and as soon as the customer to his obligations to us does not follow towards or he gets in property decay. The customer is obliged to inform of the names of the third debtors and the demand height against this at our desire and to supply us with all other information and documents, so that we are moved into the position, the resigned demands to realise. We are entitled to the purchaser of the purchaser, the assignment of the claim of the customer to us to display and to collect the debt. In case of the default we are entitled regardless of our other rights under maintenance of the contract, latter only if the customer is an enterpriser to require the publication of the product and to fetch this at the expenses of the customer. In this case the customer has no right on possession more. The customer is already committed, the status or location of the goods immediately upon request, announce, and no longer to be relocated. He also grants us an unrestricted access, commission and riding right on the respective real estate. We are committed to our release, at the request of the Purchaser to the extent that the realizable value of our securities exceeds the secured claims by more than 20%. The choice of the securities to be released is incumbent upon us.
 The retention of title shall be maintained until all debts are repaid by DentCinema GmbH against the customer.

7. Delivery, acceptance and transfer of risk

The delivery period begins with the written order confirmation. It is regarded as met if the goods are ready to be picked up. If the purchaser for information on the provision of goods and unsuccessful reminder with the decrease in debtors default so we are after a reasonable period of 14 days to withdraw from the contract. If the buyer is an enterpriser, the danger of the accidental setting or the state deterioration goes over in the handing over, by sending purchase with the delivery of the thing to the person certain with the sending or enterprise, on the buyer. If the buyer is in delay of the acceptance, it is on a par with the handing over of the thing.

8. Warranty and Liability

Small or technically unavoidable deviations in quality, size or weight, or deviations from technical development or construction-related deviations reserves prior to the seller. Further the DentCinema GmbH does not liable for damages by normal wear, improper assembly or use of the product. The same applies to damage caused by modifications or repairs by the buyer himself or a third party without our prior written permission should be created. The warranty does not cover defects caused by influence of nature, higher violence and inappropriate treatment or use. Entrepreneurs have the goods immediately on receipt to check and display deficiencies. It bears the full burden of proof for eligibility criteria, including the timeliness of the complaint concerns. In case of entitled fault rebuke we perform after our choice, repair, deliver substitute or take back the product against credit. The customer's right, after two unsuccessful repair or deficient replacement delivery to decrease of the purchase price or transubstantiation will remain unaffected. Compensation claims come only to consideration by more proved roughly careless bad delivery, by deliberate bad delivery and disregard in writing of assured special qualities of our product, limited on damages which lay recognizably within the scope of the given assurance. The period of limitation for our delivered product amounts according to the regulations of the Civil Code 1 year namely from decrease of the work. If the buyer is an enterpriser the state of the product is valid after the product description of the seller as agreed. If the customer receives an incorrect assembly instructions, we are merely to supply a defect-free assembly instructions committed, and then only if the defect in the defective assembly instructions results. Consumers need to report deficiencies within a period of one month from the date of the defects that, in writing. The time of the deadline it is the postmark. If the consumer omits to inform, the guarantee claims go out 2 months after statement of the lack. The burden of proof for the lack statement time meets the consumer.The warranty period is 2 years from date of purchase. The consumer has the choice to begin repair or replacement. Nevertheless, we are entitled to refuse the elective subsequent performance kind if it is possible only with disproportionate costs or effort, and the consumer by the alternative no essential disadvantages originate. If the consumer chooses the resignation of the contract, after failed subsequent performance temptation, no compensation is entitled to him besides because of lack. If the consumer decides after failed subsequent performance on indemnification, the product remains in with him. The damages shall be limited to the difference of the purchase price and the value of the defective item. In relation to any other liability claims from our products, particularly in light of the Product Liability Act, the current Civil Code is agreed as a contract basis.

9. Place of Performance and Jurisdiction

If the customer is an enterpriser, the place of fulfilment is our place of business. Legal venue for all disputes resulting from the contractual relationship is our place of business. We reserve ourselves to sue the customer, however, also in his legal venue. For the legal relationship supplier / buyer is exclusively the law of the Federal Republic of Germany. All other laws, especially the CSIG, are excluded from the application.

10. Severability

Should individual provisions of these terms and conditions be ineffective, as the other provisions remain unaffected.
The resulted gap is to be closed for the purposes of the law and to cause a solution appropriate for interest.

This version of the Terms & Conditions is made available only to the assistance. The German version is the only authoritative one.