Terms and Conditions (T&Cs)

1. General

1.1 For all deliveries and services of Klasse 4 Dental GmbH (hereinafter “Klasse 4”), only the following conditions apply unless something else has been agreed in writing between the purchaser and Klasse 4.
1.2 Deviating agreements or additions are not binding unless confirmed in writing by Klasse 4 and in any case only apply to the order for which they were made.
1.3 Deviating terms of the purchaser do not apply. This also applies if Klasse 4 does not expressly object to the purchaser’s terms.

2. Conclusion of Contract
2.1 Offers from Klasse 4 are non-binding until the conclusion of the contract and are non-binding for reorders.
2.2 In the case of verbal or written orders, the purchaser is bound to their offer for 7 days. After this period, the contract is concluded if Klasse 4 has not rejected the contract offer beforehand.

3. Prices / Shipping Costs
3.1 All deliveries are made based on the currently valid price list of Klasse 4.
3.2 All prices are in € and apply ex works plus VAT at the applicable statutory rate. Shipping costs are not included in the offer prices.
3.3 For deliveries to end customers within Germany, shipping costs of 8.00 EUR per package are charged; for orders over 200 EUR (net), shipping is free.
3.4 All public charges (taxes, fees, customs duties) incurred in connection with processing a contract outside Germany are borne by the purchaser.

4. Payment Terms / Default
4.1 Invoices are to be paid within 20 days from the invoice date without deduction. Deliveries outside Germany are made against advance payment.
4.2 If the purchaser grants a direct debit authorization, Klasse 4 grants a 2% discount. Klasse 4 is entitled to collect the invoice amount from the 3rd day after invoicing.
4.3 Klasse 4 is entitled to withhold further deliveries if the purchaser is in default of payment obligations.
4.4 The purchaser may only offset claims against Klasse 4 that have been legally established or are undisputed. The purchaser’s rights of retention are excluded.

5. Delivery
5.1 Delivery time statements from Klasse 4 are non-binding unless expressly agreed otherwise in writing. The delivery period is met if readiness for dispatch has been communicated or the goods have been handed over to the carrier by the end of the period.
5.2 If force majeure (including strikes and lockouts, operational disruptions due to water, fire, storms, shortage of raw materials, whether occurring at Klasse 4 or a contracting partner) prevents delivery, the delivery time is extended accordingly. If the disruption lasts longer than one month, both parties are entitled to withdraw from the contract regarding the part not yet fulfilled. No claim for damages arises for the purchaser.
5.3 Klasse 4 is entitled to make partial deliveries. Partial deliveries may be invoiced immediately by Klasse 4.

6. Transfer of Risk
The risk passes to the purchaser at the latest upon dispatch of the goods. This also applies in the case of partial deliveries or if Klasse 4 has borne the shipping costs. If shipping is delayed due to circumstances for which the purchaser is responsible, the risk passes to the purchaser from the day of readiness for dispatch.

7. Retention of Title
7.1 The delivered goods remain the property of Klasse 4 until all claims arising from the business relationship with the purchaser are fully settled.
7.2 As long as the goods are not fully paid, they may neither be pledged nor transferred as security to third parties.
7.3 The purchaser may sell and process the reserved goods in the ordinary course of business.
7.4 Any processing of the reserved goods by the purchaser or third parties is carried out for Klasse 4. For newly created items, Klasse 4 acquires co-ownership corresponding to the value of the delivered item.
7.5 The purchaser hereby assigns all claims from resale to Klasse 4 to secure its claims, whether the item is sold before or after processing.
7.6 The purchaser is authorized to collect claims from resale as long as Klasse 4 does not revoke this authorization.
7.7 Klasse 4 undertakes to release the securities to which it is entitled upon the purchaser’s request to the extent that the value of the securities exceeds the value of the secured claims including costs by more than 50%. The choice of the claim to be released is at the discretion of Klasse 4.

8. Claims for Defects
8.1 The purchaser must inspect the goods immediately upon receipt and notify Klasse 4 of any defects in writing without delay. If defects are discovered during processing or use (hidden defects), they must be notified in writing immediately after discovery. If timely written notice is not given, claims for such defects are excluded.
8.2 No claims for material defects exist for minor impairments of usability, for damages arising after the transfer of risk due to faulty or negligent handling, excessive use, or improper storage.
8.3 In the case of material defects, Klasse 4 has the right to remedy the defective goods or deliver replacement goods at its discretion. The purchaser may withdraw from the contract if an appropriate deadline for supplementary performance has been set and Klasse 4 fails to remedy or replace within this period.
8.4 The purchaser’s right to assert claims for defects expires one year from delivery of the goods.
8.5 The purchaser’s claims for defects are finally regulated subject to the provisions in section 9 (Liability).

9. Liability
9.1 Claims for damages and reimbursement of expenses by the purchaser against Klasse 4, its organs, legal representatives, and/or vicarious agents, regardless of legal grounds, in particular due to breach of contractual or pre-contractual obligations and/or tort, are excluded. This does not apply if Klasse 4, its organs, representatives, or vicarious agents acted intentionally or with gross negligence and/or in case of violation of essential contractual obligations. For violation of essential contractual obligations, liability is limited to compensation for typical foreseeable damage if Klasse 4, its organs, legal representatives, and/or vicarious agents are only liable for simple negligence. For simple vicarious agents, this limitation applies to any form of negligence.
9.2 Liability is further not limited if Klasse 4 is legally mandatorily liable, e.g., under the Product Liability Act and/or in case of injury to life, body, and/or health.

10. Miscellaneous
10.1 Only the law of the Federal Republic of Germany applies, excluding the UN Sales Convention (CISG).
10.2 The exclusive place of jurisdiction for all claims arising from the contractual relationship is Augsburg. Klasse 4 may also sue at the purchaser’s registered office.