Imprint
DANNEWITZ GmbH & Co
Zum Sonnenberg 7-11
63571 Gelnhausen (Germany)
Phone: +49 60 51/60 60-70
Fax: +49 60 51/60 60-970
E-Mail: med@dannewitz.de
Management: Peer M. Dannewitz, Manfred F. Dannewitz
Commercial register: Hanau A 11877
External links
We are not responsible for the content of other websites that can be reached through external links from our website.
Terms and Conditions
All of the information given on this homepage - including illustrations - is correct to the best of our knowledge and belief. However, we do not make any obligatory warranty as to the properties of the products described. Users of these products should independently evaluate the suitability of each product for their application. Our only obligations are those specified in our Standard Terms and Conditions. The information on this homepage is subject to technical changes.
Terms of delivery and payment
1. General extent of validity
The following terms and conditions claim exclusive validity for all our offers, deliveries and services. We repudiate adverse conditions of the orderer unless we have explicitly approved their validity in writing. We consider acceptance of goods delivered as acceptance of our General Terms and Conditions.
2. Conclusion of the contract
a) Our offers are always not binding. The acceptance of orders and the conclusion of agreements are only valid if confirmed by us in writing, as are also changes and additions concerning a particular contract, such as these General Terms and Conditions. The requirement for any amendment being made in writing cannot be changed through any oral agreement.
b) Cancellation of orders once confirmed by us (date of confirmation) is subject to the supplierīs permission and payment of the following cancellation fees 35% of the value of goods delivered from stock; 85% of the value of goods made to specification.
3. Transmission of customer and ordering data
We reserve the right to pass on customer and ordering data to our supplier.
4. Prices
a) All prices are ex works, packaging and VAT not included, unless otherwise stipulated. If the total invoice amount is less than EUR 175,00 (net value of the goods without VAT), the supplier reserves the right to invoice a minor quantity charge.
b) Our prices are based on our present costs. Should these change before delivery (i.e. by increase of wages or material prices), we reserve the right to increase prices accordingly. Customers who do not fall within AGB § 24/1 (General Terms and Conditions Act) are affected by the price change only when delivery is not to be effected within 4 months of the date of conclusion of the contract.
c) The invoice is sent off immediately on despatch of the goods or immediately on submitting the ready-for-despatch advice.
5. Delivery period
a) The delivery period does not begin before the customer has provided the necessary paperwork and authorizations, nor before receipt of the deposit stipulated. The delivery period is observed when the goods have left our works or the ready-for-despatch advice has been submitted before the deadline.
b) Delivery dates are only binding if both parties agree in writing that it is a transaction where time is of the essence. Dates of delivery are non-binding when the customer has failed to provide all information and documents that are essential for the operation concerned. If a non-binding delivery date is exceeded, the supplier is obliged to effect delivery within 6 weeks after receipt of a written reminder sent by the customer. As soon as these 6 weeks have expired, the supplier comes into default of performance.
c) Should we be affected by any incidents beyond our control (i.e. force majeur, shortage of raw material or supplies, shortage of human resources, strike, lock-out, transport services not being available, traffic disturbances, legal injunctions), we reserve the right to defer production and delivery accordingly, and are obliged to inform the customer in time, or to cancel that part of the contract which has not been fulfilled by then. In this case, within a period of 3 weeks, the customer has the right to demand information from us whether we deliver the goods within an adequate period of grace, or cancel the delivery completely.
d) In any case of non-delivery we can only be made responsible towards customers who do not fall within AGB § 24/1 (General Terms and Conditions Act), and only for intent or gross negligence. Moreover, even if binding delivery dates have been stipulated, we cannot be made responsible for default or damages.
e) With blanket orders, delivery must be recalled within 12 months. If goods are not recalled within this period, we are entitled to deliver them in the 13th month and to charge the customer accordingly, or to cancel delivery according to § 2.
f) If delivery is to be delayed at the customer's request or for reasons he is responsible for, the goods are stored ready for despatch to our discretion and at the customer's risk and expense. If we store the goods in our own warehouse, the customer is charged with a minimum of 1 % of the invoice amount for each month. We then have the right to set an adequate period of grace for the customer to accept the goods. As soon as this deadline is exceeded, we have the right to dispose of the goods otherwise and to effect delivery after a new prolonged period of grace, or to cancel delivery completely according to § 2.
g) The customer must not reject partial consignments.
6. Despatch
a) Delivery is effected ex works supplier, unless otherwise stipulated. The manner and means of despatch are determined by us, according to expediency.
b) The customer takes any risk, including the risk of accidental deterioration or destruction, as soon as the goods have been handed over to the forwarding agent or any other transport service of our own or an outside contractor, and at the latest when goods have left our shop or warehouse, even when destruction or deterioration are caused by pre-existing circumstances and in the case of judical confiscation, distraint or levy. If despatch is delayed by reasons the customer is responsible for, any risk will pass to the customer on our sending off the despatch advice. These terms and conditions concerning the transfer of risks are still valid even if we have mounted or installed the goods.
c) Insurance against damage in transit is only covered by us when requested by the customer in writing and at the customer's expense.
7. Quantity and size of the goods delivered
We reserve the right to deliver goods by a quantity and size (length, number of pieces, weight, etc.) reduced or increased by 10% of the quantity or size ordered, if this is justified by the characteristic nature of the goods or by the characteristics of the delivery unit. In this case the customer is charged with the value of the quantity or size delivered. Complaints must be sent to us in writing immediately or at the latest within 10 days of receipt of the goods. Any other complaints are deemed invalid.
8. Warranty
a) We guarantee that the goods delivered by us are free of defects or deficiencies concerning material and manufacture, and that they have the explicitly assured specifications and characteristics. The assurance as part of the contract must have been given explicitly and in writing; any other kinds of specification are to be understood as non-binding descriptions of the goods. Our warranty does not refer to variations customary in trade or commerce or to technically unavoidable variations concerning quality, colour and outward appearance.
b) Our warranty is limited to replacement or repair of the unservicable goods or goods considerably reduced in servicability, and we reserve the right to decide whether to replace or rectify them. If rectification or substitute delivery fails, the customer may insist on rescission of sale or price reduction. The customer does not have the right to any further claims, i.e. consequential damage, according to § 11 of these terms and conditions.
c) We are not liable for any damage caused by inappropriate or improper use, faulty installation or putting into operation, faulty or negligent handling, normal wear and tear, or other deterious influences which we are not responsible for. If the goods delivered by us are altered or repaired improperly by the customer or other persons without our authorization, our warranty is completely cancelled.
d) Any warranty is subject to the customer's examining the goods immediately on receipt and submitting his complaint in writing within 10 days of receipt of goods at the latest. Complaints about defects that cannot be detected within this period even when examining the goods most carefully must be submitted immediately, or within 10 days of detection at the latest. Warranty is also subject to the customer's giving us the opportunity of detecting and examining the defect ourselves by a representative.
9. Limitation of our liability
a) Any damage claims by the customer on whatever legal basis are repudiated, especially compensation for damage or defects which do not affect the goods delivered by us, and for consequential damage that may appear directly or indirectly in connection with order, delivery and/or use of our goods. Damage claims are only granted in case of intent or gross negligence by our agents and/or senior employees. In the case of gross negligence by our non-senior officers or other agents as also for minor negligence by any of our subcontractors or agents, we are only liable if the completion of the contract is jeopardized by the neglect of essential obligations. In case of minor negligence, liability is limited to typical and foreseeable damage. Otherwise, liability is repudiated for minor and gross negligence.
b) With non-salesmen, the stipulation of exemption from liability (§ 8a) is valid regarding damage claims which are not based on impossibility and default. If any damage claims based on impossibility or default are made by a non-salesman, and if the damage has been caused by minor negligence, our liability is limited to a maximum of 25 % of the purchase price.
c) Liability according to the Product Warranty Act and the Medical Drug Act remains unaffected.
10. Instructions given by the deliverer
Instructions given by the deliverer regarding use and handling of the goods delivered are to be considered as general guide-lines only. As the goods from the deliverer can often be used in a number of different ways, the customer is obliged to test them with regard to his own particular use and handling of the goods. If the customer's applications are technically supported by the deliverer, the customer takes any risk regarding the success of his application. The customer's claims regarding § 8 are not repudiated by this condition.
11. Terms of payment
a) Our invoices for delivery of goods must be settled within 30 days, for paid work within 14 days of invoice date, net without any deduction, unless otherwise stipulated in writing. Extension of the due-day is not made when goods placed ready for despatch are not despatched through no fault of ours.
b) The acceptance of cheques and bills of exchange is subject to their discountability and to particular stipulations being made in the contract. The customer is then charged with all expenses incurred in connection with their redemption. Credit is effected on the day we can dispose freely of the equivalent value. Any earlier maturity when the customer has come into default remains unaffected. We do not take responsibility for due presentation, protesting, notification or return of dishonoured bills of exchange.
c) Payment must be effected without regard to the customer's examination of the goods. The customer is not entitled to withhold part of the purchase price in order to have a counter-claim settled which does not result from the same contract. Any offset against the purchase price is only possible with incontestable and legally confirmed claims.
d) In case of default of payment, we reserve the right to claim interest of 8 % above the currently valid base rate given by the Deutsche Bundesbank. We reserve the right to assert further damage claims arising from the default.
e) Claims by the deliverer against the customer are immediately due if the customer has come into default of payment towards the deliverer, or execution is levied against him, or prohibition of payment has been imposed on him, or if a petition in compositon or bankruptcy has been filed, or if securities claimed by the deliverer cannot be given. In this case, any rebates, price reductions or discounts are then forfeited; the prices stated as gross in the invoice must be paid then.
f) In the case of partial consignment, payment for each partial consignment must be effected according to the Terms and Conditions mentioned above.
12. Retention of title
a) Delivery of goods is effected subject to retention of title according to § 455 BGB (Civil Rights Act) and the following extensions.We reserve title of any goods and parts delivered by us until all claims we are entitled to place against the customer have been fulfilled, also if the customer has paid the purchase price for specified goods as part of the complete delivery. With invoices not yet settled, the retention of title serves as security for our account being balanced. If the customer processes any goods sold subject to retention of title, we repudiate any passing of property. Any processing of the goods sold subject to retention of title is rated as being effected for us by the customer. The processed goods serve as our security only to the extent of the value of the goods sold subject to retention of title. The customer is obliged to keep safely and carefully the goods sold subject to retention of title.
b) The customer will assign to us in advance any claims and secondary claims he is entitled to place resulting from resale or on any other legal ground, whether the goods sold subject to retention of title are resold before or after processing, or to one or several buyers. The assigned claims serve as security for us only to the extent of the value of the goods sold subject to retention of title. In case the goods sold by us subject to retention of title are resold by the customer together with goods beyond our property without or after processing, the purchase price is assigned to us only to the extent of the value of the goods sold by us subject to retention of title, which are subject matter or part of the subject matter of this contract.
c) The customer is entitled to process and/or resell the goods sold by us subject to retention of title only within appropriate business transactions. The right to resell is subject to the customer's having assigned the resulting claims to us according to c). The customer is not entitled to dispose of the goods sold subject to retention of title in any other ways. He must communicate to us immediately any impending or executed access by other persons to the goods sold by us subject to retention of title or to any claims assigned to us. The customer bears any costs that may occur in connection with interventions.
d) Despite the assignment of the claims to us, the customer is still entitled to collect the purchase price of resale from third persons. Our right to collect with respect to these third persons remains unaffected by the customer's right to collect. But we will not collect claims ourselves as long as the customer adheres to his obligation to pay. If his obligation to pay has not been adhered to, the customer must keep the amounts he has collected separately and transfer them to us immediately.On our request, the customer must communicate to us the debtor of the claims assigned to us and the amount of the debts, and must notify the debtor about the assignment accordingly and hand over to us the necessary documents and paperwork.
e) In the case of non-observance of these terms of payment and in the case of protested bills of exchange or cheques, the customer's right to resell or to process the goods sold subject to retention of title, as well as his right to collect the claims assigned to us in advance, ceases. We then have the right to take the goods subject to retention of title under our power of disposal. We are then entitled to enter the customer's business premises and warehouses in order to make use of our rights pre-mentioned, particularly to find and take out the goods sold by us subject to retention of title. If we make use of these measures, it is to be rated as cancellation of the contract only when explicitly stated by us. The customer must bear any costs for storage or transport in connection with our taking back the goods subject to retention of title.
f) Retention of title expires as soon as our claims arising from the business transaction have been completely fulfilled. Property of the goods is then tranferred immediately to the customer, who is then exclusively entitled to collect the claims formerly assigned to us.
13. Means of transport
If the customer has to provide a deposit for means of transport, e.g. cable drums or borrowed spools, they remain our property. The deposits provided are repaid to the customer if the means of transport are sent back to us in impeccable condition within a year of their delivery to the customer. Station of destination for cargo is Gelnhausen, Germany
14. Place of performance, jurisdiction
a) Place of performance for any mutual obligations is Gelnhausen, Germany.
b) Exclusive place of jurisdiction for any disputes arising directly or indirectly from the contractual relationship is Gelnhausen. Stipulations regarding the place of jurisdiction according to EEC agreement of Sept. 27, 1968, article 6, are hereby explicitly repudiated. This term regarding the place of jurisdiction is also applicable to enquiries for information in court, action for damages arising from unlawful acting, actions against dishonoured bills of exchange or cheques.
15. Final agreements
a) Our legal relationship with our customers is subject to German law.
b) Direct or indirect export of our products is subject to our assent, in writing.
c) Should individual or several agreements of these General Terms and Conditions or the whole of these General Terms and Conditions or any other contractual agreements between the contract parties become partly or completely invalid, the respective remaining agreements are still valid. The contracting parties are then obliged to replace invalid regulations by new valid regulations which, as far as possible, bring about the economic success aimed at by the invalid regulations.
Aesculap is a trademark of Aesculap AG & Co.KG.
Arthrex is a trademark of Arthrex Inc.
Depuy is a trademark of Johnson & Johnson.
Dyonics is a trademark of Smith & Nephew.
MicroAire is a trademark of MicroAire Surgical Instruments.
Synthes is a trademark of Synthes-Stratec.
Zimmer is a trademark of Zimmer Inc.
Linvatec is a trademark of Linvatec Corporation.
Stryker is a trademark of Stryker Corporation.
Tava is a trademark of Tava Surgical Instruments.
Komet is a trademark of Komet Medical Gebr. Brasseler GmbH & Co.KG.
3M is a trademark of Linvatec Corporation.
Xomed is a trademark of Medtronic Inc.
DANNEWITZ GmbH & Co is not afiliated with any of the above.
All of the above information - including illustrations - is correct to the best of our knowledge and belief. However, they cannot be regarded as binding warranty of quality. Cross references are given without guarantee. In case of doubt, please check the blade thickness with the respective knee system templets. Users of our products should independently evaluate the suitability of each product for their application. Our only obligations are those specified in our Standard Terms and Conditions. The above information is subject to technical changes.
All rights of distribution, also by photocopy, reprint (also in the form of extracts) or stroing and recovery in any kind of data processing device are reserved and require our written approval. Products are subject to alteration. Printing errors excepted.
