General Terms and Conditions

for the provision of services by ZrO2 PowerTools GmbH & Co. KG, Raiffeisenstraße 2, 92637 Weiden, e-mail: powertools@zro2.net (hereinafter referred to as “Contractor”) vis-à-vis its customers. (hereinafter “Client”)

1. General

1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts that are concluded between the client and the contractor under inclusion of these GTC. are concluded.

1.2 The Contractor shall not conclude any contracts with consumers or private individuals.

1.3 Insofar as, in addition to these GTC, further contractual documents or other terms and conditions in text or written form, the provisions of such other contractual documents shall take precedence over the present in case of contradiction, the present GTC.

1.4 GTCs that deviate from these terms and conditions and that are used by the client, Contractor – subject to an express consent – does not recognize.

2. Subject matter of the contract and scope of services

2.1 The Contractor shall provide the following services as an independent contractor to the Customer: sale of milling tools for dental milling machines (no medical device)

2.2 The specific scope of services is subject to individual agreements between the Contractor and the Customer.

2.3 The Contractor shall perform the contractual services with the greatest possible care and conscientiousness in accordance with the latest state of the art, the latest rules and knowledge.

2.4 The Contractor is obliged to provide the services owed under the contract. In the the performance of its activities, it shall, however, be bound by any instructions with regard to the manner of his services, the place of performance of the services as well as the time of performance of the services. subjected to. However, he shall, when arranging the days of activity and the time allocation on these days in such a way as to achieve optimum efficiency in his activities and in the realization of the object of the contract. the subject of the contract. The performance by the Contractor shall take place only in coordination and agreement with the Client.

3. Conclusion of contract

Orders can be placed in writing, by telephone, by e-mail or by web store.

4. Cooperation obligations of the client

It is incumbent on the client to provide the information, data and other content to be made available by him for the purpose of performance information, data and other contents completely and correctly. For delays and delays in the performance of services caused by late and necessary cooperation or additional work of the Customer, the Contractor shall not be liable to the Customer in any respect; the provisions under the heading “Liability/Exemption” shall remain unaffected.

5 Remuneration and terms of payment

5.1 The remuneration shall be agreed individually by contract.

5.2 All prices are exclusive of statutory value-added tax and shipping costs.

5.3 The remuneration is to be paid according to the performance of the services. If the remuneration is calculated according to time it shall be paid after the expiry of the individual periods (§ 614 BGB). In the case of time-based billing, the Contractor shall be entitled, subject to deviating agreements, to invoice the entitled to invoice the services rendered on a monthly basis.

5.4 After rendering the services, the Contractor shall provide the Client with an invoice by mail or by e-mail (e.g. as a PDF). The remuneration is due for payment within 10 days after receipt of the invoice. due for payment. In special cases, advance payment shall apply.

6. Liability / indemnification

6.1 The Contractor shall be liable, for any legal reason without limitation, in case of intent or gross negligence, in case of intentional or negligent injury to life, body or health, on the basis of a guarantee promise, insofar as nothing else is regulated in this respect or on the basis of mandatory liability. If the Contractor negligently breaches a material contractual obligation, the liability shall be limited to the typical foreseeable damage typical for the contract, unless liability is unlimited pursuant to the preceding sentence. liability is unlimited. Material contractual obligations are obligations which the contract imposes on the the Contractor in order to achieve the purpose of the contract, the fulfillment of which is essential for the the proper performance of the contract in the first place and on the compliance with which the Customer may regularly rely on. In all other respects, liability on the part of the Contractor shall be excluded. The above liability provisions shall also apply with regard to the liability of the Contractor for its vicarious agents and legal representatives.

6.2 The Customer shall indemnify the Contractor against any claims of third parties which may be asserted against the Contractor on the basis of violations by the Customer of these contractual terms and conditions or of applicable law are asserted.

7. Contract duration and termination

7.1 The parties shall agree individually on the term of the contract and the periods for ordinary termination.

7.2 The right of both parties to terminate the contract without notice for good cause shall remain unaffected.

7.3 The Contractor shall return all documents and other contents provided to it after the termination of the contract without undue delay at the Customer’s option or to destroy them. The assertion of a right of retention thereon shall be excluded. Electronic data shall be deleted completely. This does not apply to documents and data which are subject to a longer legal legal obligation to retain data, but only until the end of the respective retention period. The Contractor shall confirm the deletion to the Company in writing at the latter’s request.

8. Confidentiality and data protection

8.1 The Contractor shall treat all matters coming to its knowledge in connection with the order as in connection with the order in strict confidence. The Contractor undertakes to observe the duty of confidentiality employees and / or third parties who have access to the information covered by the contract. have access to the information subject to the contract. The duty of confidentiality shall apply for an unlimited period of time beyond the duration of this contract. beyond.

8.2 The Contractor undertakes, in the performance of the contract, to comply with all data protection regulations – in particular the provisions of the Basic Data Protection Regulation and the of the Federal Data Protection Act – to be complied with.

9. Retention of title

9.1 We retain title to the purchased item until full payment of all claims arising from the delivery contract. In the event of any breach of contract on your part, we shall be entitled to demand the return of the purchased item.

9.2 In the event of seizures or other interventions by third parties, you must notify us immediately in writing.

10. Cancellation policy

10.1 You have the right to revoke this contract within 14 days without giving any reason. To exercise your right of withdrawal, you must inform us by e-mail by means of a clear statement about your decision to revoke this contract . If you make use of this possibility, we will immediately send you an e-mail confirming the receipt of such a revocation. about the receipt of such a revocation transmit.

10.2 Tools that are already in use are excluded from the revocation.

10.3 If you revoke this contract, we shall return to you all payments (less delivery costs) that we have received from you upon receipt of the truth.

11. Final provisions

11.1 The laws of the Federal Republic of Germany shall apply to the exclusion of the CISG.

11.2 Should any provision of these GTC be or become invalid, the validity of the GTC shall not be not affected by this.

11.3 The Client shall assist the Contractor in the performance of its services in accordance with the contract by reasonable acts of cooperation, as far as necessary. The Customer shall in particular provide the Contractor with the information and data required for the performance of the at the Contractor’s disposal.

11.4 If the Customer is a merchant, a legal entity under public law or a public law special assets or does not have a general place of jurisdiction in Germany, the parties agree that the parties agree that the Contractor’s place of business (Weiden in der Oberpfalz) shall be the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction shall remain unaffected by this.

11.5 The Contractor shall be entitled to amend these GTC for objectively justified reasons (e.g. changes in case law, legal situation, market conditions or business or corporate strategy) and to amend them within a reasonable period of time. Existing customers will be informed of this at the latest by e-mail no later than two weeks before the change comes into effect. If the existing customer does not customer does not object within the period set in the notification of change, his consent to the change shall be deemed to be shall be deemed to have been granted. If the Customer objects, the amendments shall not enter into force; in this case, the Contractor shall be shall be entitled to terminate the Agreement with extraordinary effect as of the date on which the amendment comes into force. The notification of the intended amendment of these General Terms and Conditions shall indicate the deadline and the consequences of the objection or its absence.