NEBU-TEC

1.	Applicability of the terms and conditions
1.1	Any deliveries, services and quotations of NEBU-TEC are solely subject to these commercial terms and conditions. They shall also apply to any future business relations, even if these are not explicitly agreed upon. Any counter confirmations on part of the customer referring to his own terms and conditions are hereby rejected.
1.2	All agreements made between NEBU-TEC and the customer for the purposes of the execution of this contract, shall be in set down in writing.
2.	The quotations made by NEBU-TEC are non-binding and without engagement subject to the regulations stated in paragraph 2. Any declarations of acceptance and all orders require written confirmation either by letter or by fax by NEBU-TEC.
2.2	If the quotation is subject to an online-auction, it is a binding quotation on part of NEBU-TEC to conclude a sales agreement. If the online-auction is one without a fixed price, the sales agreement is concluded with the person that made the most favorable bid after expiration of the auction. If the online-auction is subject to a fixed price (e. g. „buy-out“ or „buy-out & new“ as used by Ebay), the sales agreement is concluded with the person that confirmed his willingness to buy the offered object of purchase to the given price and to agree to any other terms and conditions stated in the quotation, by clicking the corresponding button.
2.3	The following applies to quotations subject to fixed price offers with the option „propose a price” placed on Ebay: The interested person has the option to submit his own proposed price. NEBU-TEC can either accept or decline this proposed price or submit a counter offer. Proposed prices stated by the interested party and counter proposals made by NEBU-TEC are binding subject to the provisions of applicable law and are valid for a period of 48 hours. The sales agreement comes into effect if both the interested party and NEBU-TEC agree to the price (either by means of „propose a price“ or „buy out at the original price“). Upon conclusion of the sales agreement all price proposals and counter proposals will become invalid.
2.4	Drawings, illustrations, measurements, weights or all other performance data are only binding if this is expressly agreed upon in writing.
3.	Prices
3.1	Prices contain the legal value-added tax. Prices do not contain arising customs duties, taxes and fees possibly resulting from shipments to other countries than the Federal Republic of Germany.
3.2	Unless otherwise agreed in writing, prices do not include shipment according to section 5 para. 2.2.
3.3	If the agreed delivery date is more than six months after the date of the conclusion of contract, the current applicable prices are valid at the time of delivery or the provision of goods, apply. If the latter exceed the prices originally agreed upon by more than 10 %, the customer shall be entitled to cancel the contract.
4.	Time of delivery and performance
4.1	Delivery dates or deadlines that can be agreed on a binding or non-binding basis shall be in writing.
4.2	The terms of delivery come into effect with NEBU-TEC´s confirmation of the buyer´s order. If necessary, it is extended by the time the buyer requires to communicate all information and documents to NEBU-TEC that are required for the execution of the order.
4.3	NEBU-TEC can not be held responsible for any delays in delivery and services due to force majeure and due to events that considerably complicate or make delivery impossible not only temporarily ( i. e. in particular strikes, lock-outs, official directives etc., even if they occur at NEBU-TEC´s suppliers or sub-contractor)even in the case of binding stipulated time limits and deadlines. In such case NEBU-TEC shall be entitled to postpone the delivery or service as long as the obstruction exists plus a reasonable start-up time, or to completely or partially withdraw from the contract regarding the parts not yet fulfilled.
4.4	If obstructions last longer than one month, the purchaser is entitled, after appropriate setting of a new deadline, to withdraw from the contract regarding the part not yet fulfilled. If the delivery time is extended, or if NEBU-TEC is released from its obligation, the purchaser has no claim for damages from it. NEBU-TEC can only refer to the circumstances mentioned if the purchaser is notified without delay.
4.5	If NEBU-TEC can be held responsible for the non-compliance of binding and agreed terms and dates, or is in default, the purchaser has the right of compensation for the delay amounting to 0.5 % for every completed week of the delay, but all in all no more than 5 % of the invoice value of the deliveries and services subject to delay. Any further claims are excluded, unless the delay is subject to gross negligence on the part of NEBU-TEC.
4.6	The compliance with the delivery and service commitments on the part of NEBU-TEC requires the timely and proper fulfillment of the buyer´s obligation.
5.	Terms of delivery
5.1	NEBU-TEC is entitled to make partial deliveries and performances, unless these are not of interest to the purchaser. Additional deliveries are free of charge.
5.2	The following regulations apply to the delivery costs and their payment: For purchases via Ebay: Delivery is effected ex works Elsenfeld and cash on delivery, advance payment via Paypal For all other purchases, in particular those via NEBU-TEC´s website: Delivery is effected ex works Elsenfeld, NEBU-TEC bears the delivery costs (throughout the Federal Republic of Germany) for an order value of minimum 50,00 €. Delivery is effected cash on delivery (+6,50 €), advance payment (3 % discount), Paypal, invoice or on receipt of the agreed payment method. Deliveries to other countries than the Federal Republic of Germany are effected cash on delivery and Paypal.
6.	Passing of risk and default of acceptance
6.1	If the customer is a consumer, the risk of accidental loss and accidental impairment of the purchased goods is transferred to the customer once delivery has been effected. The transfer shall be deemed to have occurred if the customer is in default of acceptance (cf. paragraph 3.
6.2	If the customer is an entrepreneur, the risk passes over to him as soon as the purchased goods have been forwarded to him or an other authorized party. For sales by delivery to a place other than the place of performance, the risk passes over to him, when the goods have been handed over to the carrier or if the goods left NEBU-TEC´s warehouse for shipping purposes. If the purchaser requires a delay in dispatch, the risk passes over to him by informing him about the readiness for shipment.
6.3	In case of a default of acceptance on part of the purchaser, NEBU-TEC is authorized to claim refund for the thereby resulting damage amounting to 15 % of the net purchase price. NEBU-TEC reserves the right to prove a higher damage.The customer is entitled to prove that no damage has occurred or that it is significantly less that the damage claimed. Upon default of acceptance, the risk of accidental loss and damage passes over to the purchaser.
7.	Purchaser´s rights in case of defects
7.1	NEBU-TEC generally executes supplementary performance by means of additional delivery of goods without defects, if the delivered item does not have the agreed quality, does not fulfill the intended use or if it does not meet the character the purchaser expects according to NEBU-TEC´s public statement. Multiple additional deliveries are acceptable. The purchaser can decrease the sales price or withdraw from the contract, if the second supplementary performance fails.
7.2	If the purchase is a commercial deal also for the purchaser, paragraphs 377 and 378 Commercial Code (examination and notice of non-conformity) shall apply to the following provisions: the notice of defect must be communicated by certified mail/return receipt. NEBU-TEC shall be immediately informed about any apparent defect of the purchased goods, but no later than within one week after transfer of the goods. Defects that can not be detected within this period despite due diligence, need to be communicated to NEBU-TEC immediately, but no later than within one week after detection.
7.3	If the purchaser is an entrepreneur, he bears the expenditures necessary for purpose of the supplementary performance, as far as they are increasing to such an extend that the purchased merchandise is delivered to an other place than the registered office or subsidiary of the purchaser, unless it complies with its specified use.
7.4	The limitation period for new goods for the preceding claims is two years from delivery date. The limitation period for used goods is one year from delivery date. If the purchaser is an entrepreneur in terms of § 14 German Civil Code, the limitation period is always one year from delivery of the goods.
7.5	If NEBU-TEC´s instruction or service manuals are not obeyed, if product modifications are made or if parts are replaced or supply parts are used that do not comply with the original specifications, all claims concerning defects of the goods expire, if the purchaser does not refute a corresponding substantiate claim that the defect was caused by one of these circumstances. Any liability for normal wear and tear is excluded.
7.6	Only direct purchasers are entitled to raise claims concerning defects against NEBU-TEC and they are not transferable.
8.	Title retention
8.1	Until all requirements that belong to NEBU-TEC now or in the future for every legal reason against the purchaser, have been fulfilled (including all outstanding balance claims from current account), NEBU-TEC is granted the following securities that are released to NEBU-TEC on demand, as far as the value exceeds the requirements sustainably by more than 10 %.
8.2	The purchaser is entitled within the ordinary course of business to use and sell the goods subject to retention of title, as long as he is not in default. Pledgings or security transfers of title are not allowed. Claims incurred by a resale or other legal reason (insurance, unlawful act) concerning the goods subject to retention of title are conveyed by the purchaser to NEBU-TEC by way of security and to its full extend. NEBU-TEC authorizes him revocably to collect the claims assigned to NEBU-TEC in his own name. This direct debit authorization can only be revoked if the purchaser does not meet his payment obligations in proper form.
8.3	If the goods subject to retention of title are accessed by third parties, especially concerning distraints, the purchaser will refer to the title of NEBU-TEC and inform NEBU-TEC immediately so that they can enforce their titles. If the third party is not able to compensate the legal or extra-judicial costs resulting in this regard, the purchaser shall be liable.
8.4	If the purchasers behaviour is contrary to the contract - especially concerning delayed payments – NEBU-TEC is authorized to withdraw from the contract and to reclaim the goods subject to retention of title at the purchaser´s expense. The return of the purchased goods by NEBU-TEC represents a withdrawal from the contract. NEBU-TEC is authorized to dispose of the purchased goods once they are returned. The proceeds of sale shall be credited against the liabilities of the purchaser, less appropriate realization costs.
9.	Payments
9.1	Unless otherwise stipulated, the invoices issued by NEBU-TEC are payable due net immediately on receipt of goods and invoice without discount. In case of delayed payment NEBU-TEC is authorized to charge interest rates amounting to 5 % above the base rate according to § 247 German Civil Code. If the purchaser is an entrepreneur, NEBU-TEC is authorized to charge interest rates amounting to 8 points above the base rate (§ 247 German Civil Code). NEBU-TEC is authorized to proof that the damage is even higher.
9.2	Despite the possibility of other terms, NEBU-TEC is entitled to take payments into account of the customer first on older open invoices and will notify the purchaser accordingly regarding settlement. NEBU-TEC is entitled to credit the payment against the cost, against the interest and finally as payment for the goods supplied.
9.3	A payment is only deemed to have been made when NEBU-TEC has the payment at disposal. If paymentis made made by cheque it shall be deemed effected if the cheque is credited finally irrevocably.
9.4	Should NEBU-TEC become aware of circumstances that cast doubts on the customer´s credit-worthiness, in particular if the customer´s bank fails to honor a cheque or stops his payments, NEBU-TEC will be entitled to present the entire remaining debt as due even if cheques have already been accepted. In this case NEBU-TEC shall be entitled to claim advance payments or security deposit.
9.5	The customer is only entitled to set off, withhold or reduce payments in the event of complaints about defects or counterclaims if the counterclaims are legally effective or undisputed. However the customer is also entitled to retention for counterclaims from the same contractual relationship.
10.	Design Modifications
	NEBU-TEC reserves the right to modify the design at any time; nevertheless, NEBU-TEC shall not be obliged to make any changes on products which have already been delivered.
11.	Liability
11.1	Claims for damages are hereby excluded, regardless of the type of violation of duty, including claims for torts, unless intentional or gross negligence are involved.
11.2	In event of any essential breach of contract, NEBU-TEC shall be liable for any breach of contract, however, only to the amount of the foreseeable damage. Claims for loss of profit, save expenditure from damage compensation claims of a third party as well as indirect of resultant damages cannot be demanded unless feature of condition guaranteed by NEBU-TEC has just the aim to protect the buyer against such kind of damage.
11.3	The limitations and exclusions of liability and disclaimers set forth in paras. 1 and 2 shall not be applicable in the case of claims originating in malicious acts on the part of NEBU-TEC as well as in the case of a liability for guaranteed features of condition for claims pursuant to the law on product liability as well as for injury of life, body or health.
11.4	If the liability of NEBU-TEC is excluded or limited this also applies to the employees, representatives and vicarious agents of NEBU-TEC.
12.	Applicable law, place of jurisdiction, partial invalidity
12.1	These terms and conditions shall be subject to the law of the Federal Republic of Germany. The regulations of UN purchasing law and the German international private law shall not be applicable.
12.2	Provided the purchaser is a businessman, a legal entity under public law of public law special funds, the town of Aschaffenburg shall be the sole place of jurisdiction for all litigations arising directly or indirectly from this contractual relationship. If the buyer establishes his residence or his usual place of residence abroad or if the buyer’s residence or usual place of residence is unknown at the time the complaint was filed, the place of jurisdiction is Aschaffenburg.
12.3	If any provision of these terms of business or a condition in the context of other agreements become invalid it shall not impair the validity of all the remaining provisions or agreements.

§1	Right of Revocation
	If the prospective buyer is a consumer, he may cancel the declaration of contract within one month and without giving reason by sending a written notice (e.g. letter, fax, e-mail) or by returning the item. The period shall begin no sooner than one day after receipt of this note in writing, but not before the goods are received by the consumer. This means that the cancellation period shall not begin before the day following the day on which both of the previously mentioned requirements (receipt of this instruction in writing, respectively the receipt of the goods by the consumer) are fulfilled. The revocation period shall be met if the revocation notice or the goods have been shipped prior to the deadline.
	The revocation has to be send to: NEBU-TEC med. Produkte Eike Kern GmbH Kreuzfeldring 17 63820 Elsenfeld Fax: +49 (0)6022-61062-99 E-Mail: info@nebu-tec.de
	We would like to point out that acc. to § 312 sect. 4 BGB amongst others, that the right of revocation does not apply for electronic sales deals of goods manufactured to customer specifications.
§2	Consequences of Revocation
	In case of a valid revocation, both parties have to return the received goods or payments as well as any derived benefits. (e.g. interest rate). Should the customer not be able to return the goods or only return them partially or in deteriorated condition, the customer will be obligated to value replacement. In case of delivery of the items this shall not apply if the deterioration of the goods is attributed exclusively to inspection of the goods as it would have been possible in a store, for example. Furthermore, obligation for value replacement can be avoided by not using the goods as an owner and refraining from anything that could affect the value of the product. Any goods that can be shipped as a parcel are to be returned at our risk and expense. In case of the return of goods not exceeding a value of 40,00 € the consumer has to bear the costs of the return if the goods delivered correspond with the goods ordered. Goods that cannot be shipped as a parcel will be picked up at the consumer’s premises. The customer must comply with the duty to refund payments within 30 days after the dispatch of the revocation.