must notify us in writing of any complaints within one
week of receipt of delivery. After expiry of this period,
any liability for such defects is excluded. In the event
of concealed defects, warranty claims shall only be
valid if we are notified in writing within one week of
discovery.
8.2.
In cases of defective delivery, we shall have
the right to choose to repair the defective item or
to replace the defective item with a new delivery.
The customer is obliged to provide us the defective
product delivered free for inspection and repair.
Should the repair or replacement delivery be
unsuccessful, should they not be undertaken with a
reasonable period or should we refuse to undertake
them, the customer may withdraw from the contract
or reduce the purchase price. A deadline shall not be
required in those cases where it is not required by law.
8.3.
The warranty shall be void if the customer
modifies the delivery item without our consent or it
is changed by a third party and it therefore becomes
impossible or unreasonably difficult to rectify the
defect. However, in each case, the customer must bear
the additional costs resulting from the rectification of
the defect.
8.4.
The above regulations shall not affect any
warranty that we assume on the part of the first user
of the rehabilitation equipment.
8.5.
Excluded from the warranty is the function-
related wear of all items, modules, batteries and spare
parts supplied by us as well as the inappropriate or
improper storage, use or handling of the products.
8.6.
Further claims by the customer, in particular for
damages instead of performance and for reparation of
any direct or indirect damage – including incidental
or consequential damages, irrespective of the legal
grounds – shall be excluded. This shall not be the case
if MEYRA GmbH has concealed a legal or material
defect maliciously or the damage is due to intent or
gross negligence on the part of MEYRA GmbH, its
legal representatives or vicarious agents or to any
negligent breach of essential contractual obligations.
Essential contractual obligations are understood to
be those where their fulfilment enables the proper
execution of the contract and on compliance with
which the contracting parties regularly rely or may
rely. In the case of damage to property and assets
due to negligence, the liability of MEYRA GmbH shall
however be restricted to an amount foreseeable in
a typical contract. Furthermore, personal injury or
damage to health caused by a breach of duty on
the part of MEYRA GmbH, its legal representatives or
vicarious agents are not excluded.
8.7.
Liability under the
Produkthaftungsgesetz
[German Product Liability Act] is unaffected.
9.
STATUTE OF LIMITATIONS
Claims by the customer relating to defects shall have
a limitation period of two years from handover /
delivery of the goods to the customer. With respect
to replacement items and repairs, the limitation
period shall be one year from handover / delivery of
the goods to the customer. Excluded from this are
claims for damages due to endangerment of life,
personal injury or health and / or claims arising out of
damages caused by gross negligence or intent on the
part of MEYRA GmbH or its vicarious agents. In such
instances, the statutory limitation periods shall apply.
9.1. REPLACEMENT PRODUCT SERVICE
Independent of the warranty, MEYRA GmbH offers
customers the opportunity to exchange a defective
product for a refurbished product. The following
provisions shall apply to the products offered as
replacements:
- Replacement products are refurbished and
technically in order.
- The defective product must be returned free of
charge to MEYRA GmbH within 15 working days.
The returned item shall become our property.
- Should the defective product not be returned,
we shall invoice the customer for the
replacement item at 95% of the sales price for a
new product.
- The returned item must correspond to the
replacement product in model and design. The
product must also be reusable and may only
show wear and tear commensurate with normal
use.
- MEYRA GmbH shall determine whether the
returned item fulfils the requirements
specified above. Should these requirements not
be fulfilled, we shall also issue the customer with
an invoice for the amount specified above for the
replacement product delivered less the residual
value of the returned item.
10. PRODUCT SAFETY GUARANTEE
10.1.
PRODUCT RECALL
If, due to defects in the goods delivered or to existing
legal stipulations, it becomes necessary to have
a product recalled, then the Client is obliged to
cooperate in implementing such product recall in
order to ensure that it can be conducted efficiently.
In the event of a product recall, the Client is in
particular obliged to inform MEYRA GmbH regarding
the whereabouts of the delivery items in the delivery
chain (from the Client to end consumer). To this
end, the Client must continually document, using
appropriate documentation methods, the progress
of the goods and provide MEYRA GmbH with such
documentation upon request. If the Client supplies
the goods to resellers, then it must impose upon such
resellers, via contractual provisions, the foregoing
duties of cooperation intended to ensure the efficient
implementation of a product recall.
10.2.
The Client is obliged to have end customers
instructed with regard to the handling and use of
the delivered products and to have such instruction
carried out by trained specialists. If the Client supplies
the goods to resellers, then it must impose upon such
resellers, via contractual provisions, the foregoing
training obligations pertaining to the handling and
use of the delivered goods.
11. LIABILITY FOR DESIGN CHANGES
It is important to note that more stringent legal
provisions shall apply in the case of custom orders.
Design changes to MEYRA GmbH products by the
customer or a third party contracted by the customer
shall only be permitted if they are in line with the
safety requirements and our management has
declared its consent in writing in advance. To this end,
if requested, a modified model and design drawings
are to be made available to us. Should design changes
be undertaken without the prior written consent of
our management and damage due to the changes is
caused to a third party for which we are liable in the
external relationship, the customer shall be required
to release us in the internal relationship from claims
by the third party.
12A. RETURN OF FINISHED PRODUCTS AND
MODULES
Goods returned without an accompanying delivery
note or invoice copy shall not be accepted. Credit
equivalent to 80 % of the net value of the goods
shall be granted for goods returned in their original
packaging and in mint condition. Excluded from
return are items delivered more than three months
ago, custom orders, sanitary items, filled batteries
and products with a net value of less than € 100.00.
Also excluded are custom-made wheelchairs (e.g.:
wheelchairs for children or adaptive wheelchairs). The
transport risk shall be borne by the sender.
12B. ORDER CANCELLATIONS FOR FINISHED
PRODUCTS
12B.1.
Order cancellations without the prior
agreement of MEYRA GmbH shall not be permitted.
12B.2.
Cancellations shall be made in writing.
12B.3.
Should an agreement be reached regarding
the cancellation of finished products which are ready
for delivery, the following shall apply:
- Rehabilitation products shall be credited in full.
In principle, orders for custom wheelchairs and
sports wheelchairs cannot be cancelled.
- In the event of the cancellation of an order for
adaptive wheelchairs, 20% of the net value shall
be retained to cover costs.
The cancellation fee for electric wheelchairs and
scooters is 5%. The cancellation fee for standard and
lightweight wheelchairs is 10%.
12C. COLLECTION / DISPOSAL
Our prices do not include the costs for collection and
disposal of complete old equipment from users other
than private households. On request, and against
reimbursement of the costs incurred, we are able to
organise the collection and recycling / disposal of
such equipment, provided it was purchased from us.
Returns without the prior agreement of MEYRA GmbH
are not possible.
13. USE OF PERSONAL DATA
We shall be entitled to save and process internally
any personal data of the customer falling within the
scope of the statutory provisions, in particular the
Bundesdatenschutzgesetz
[German Data Protection
Act].
14. JURISDICTION, APPLICABLE LAW,
SEVERABILITY CLAUSE
14.1.
Unless expressly agreed to the contrary, the
place of performance shall be the premises of MEYRA
GmbH in Kalletal-Kalldorf.
14.2.
The jurisdiction for all disputes arising out of
the contractual relationship shall be determined by
our headquarters in Kalletal-Kalldorf. We shall also be
entitled to take action against the customer within its
jurisdiction.
14.3.
The law of the Federal Republic of Germany shall
apply excluding the UN Convention on Contracts for
the International Sale of Goods.
14.4.
Should individual provisions of these General
Terms and Conditions be wholly or partially void or
ineffective, the validity of the remaining provisions
shall remain unaffected.
