Products for pressure ulcer treatment
Mobility and transfer solutions
Alternating pressure systems
The company
1.1 Our Terms and Conditions of Sale shall apply exclusively, including to future transactions with the Customer. Acknowledgement of deviating general terms and conditions of our business partners can only be made expressly and in writing.
1.2 Insofar as the terms and conditions of business of our foreign suppliers, which we submit on request, deviate from our General Terms and Conditions of Business, these shall also apply to the customer.
1.3 Notwithstanding the following provisions, our General Terms and Conditions of Service (GTC Service) shall apply to service, maintenance and repair services
2.1 All offers are non-binding until the order confirmation. Only the written content of the order confirmation shall apply; any verbal promises made during sales negotiations that deviate from this shall be irrelevant, as shall any cost estimates that deviate from this. If there are indications that our claim is jeopardised by our customer's inability to pay, we may refuse to perform until the customer has fulfilled his obligation to perform (e.g. advance payment). This shall also apply if we were already aware of the indications giving rise to the concern when the contract was concluded.
2.2 Illustrations and descriptions of the delivered goods in brochures, price lists, catalogues etc. are not binding for the execution. This also applies to deviations in colour, surface sheen and cover material due to different material or technical reasons. Material-related or otherwise unavoidable tolerances are also possible. We reserve the right to deviations in the technical design.
2.3 Drafts, plans and drawings shall remain our property and may not be reproduced or made accessible to third parties without our consent. If the order is not placed, they must be returned to us on request.
2.4 Our prices are based on the respective valid price list and are quoted in EURO plus the respective valid VAT. Deliveries are made for the various product groups at the following conditions:
The delivery conditions listed in the current price list apply to all range items with a girth of up to 3 m for deliveries to Austria or 3.60 m for deliveries within Germany and a maximum weight of 31.5 kg.
Deliveries with larger belt dimensions or of equipment, e.g. therapy tables, Pilates equipment, training equipment are always ex works. All freight costs such as cartage, surface freight, delivery charges etc. shall be borne by the recipient unless otherwise agreed. The choice of the most favourable mode of shipment is at our discretion.
2.5 Packaging resulting from despatch will only be taken back if the customer returns the packaging to us carriage paid.
2.6 The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognised by us. In addition, the customer is only authorised to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
3.1 The risk shall pass to the customer when the goods are handed over to the forwarding agent or carrier, but at the latest when they leave the factory or the delivery warehouse.
3.2 Transport insurance shall only be taken out at the instruction and expense of the customer.
3.3 The customer shall be responsible for securing and enforcing claims arising from transport damage. For this purpose, claims for compensation against the carrier are assigned to the customer, who accepts this assignment.
3.4 Paragraphs 3.1 to 3.3 shall only apply if it is not a sale of consumer goods within the meaning of §§ 474 ff BGB.
3.5 Furnishings (e.g. therapy tables, Pilates equipment, training equipment) shall be delivered free on board. The customer must provide sufficient labour to unload and bring the equipment into the practice rooms at his own expense.
3.6 We are also entitled to make and invoice the delivery in instalments. The customer may not reject partial deliveries. Difficulties and delays in delivery resulting from the sphere of the customer and the resulting additional costs shall be borne by the customer, even if carriage paid delivery was otherwise agreed.
3.7 Unless otherwise agreed, the installation, commissioning and assembly of delivered devices or components shall be carried out against separate invoicing based on time and material costs. On the agreed delivery and assembly date, the preliminary work to be carried out by the customer must have progressed to such an extent that assembly can be carried out unhindered and without interruption. Any ancillary work that becomes necessary for construction reasons shall generally be borne by the customer. If installation is made impossible, impeded or delayed through the fault of the customer, the customer shall bear the additional costs and damages incurred by us as a result. The cables laid on site must correspond to the connection drawings provided. We cannot accept any structural changes to existing electricity and water installations.
4.1 Delivery periods and delivery dates are non-binding, unless expressly agreed otherwise in writing. Delivery periods shall commence on the date of the returned and signed order confirmation. Expressly guaranteed deadlines and dates refer only to the time of despatch. They shall be deemed to have been met when we have notified readiness for dispatch.
4.2 The purchaser is obliged to call off the quantities purchased on the basis of a framework agreement as evenly as possible over the period of the contract, taking into account a corresponding delivery period of 4-6 weeks. General Terms and Conditions of Sale and Delivery of novacare® gmbh
4.3 In the event of force majeure or other unforeseeable, extraordinary circumstances for which we are not responsible - e.g. operational disruption, strike, lockout, official intervention, energy supply difficulties, etc., even if these occur at upstream suppliers - the delivery period shall be extended by the duration of the hindrance if we are prevented from fulfilling our obligation in good time. If the delivery or service becomes impossible or unreasonable due to the circumstances mentioned, we shall be released from the delivery obligation, and the customer cannot derive any claims for damages from this.
4.4 Compliance with our delivery obligation requires the timely and proper fulfilment of the customer's obligations, in particular the agreed terms of payment and that the delivery credit limit granted to the customer is not exceeded.
4.5 We shall be liable for delays in performance in cases of wilful intent or gross negligence on our part or on the part of our representatives or vicarious agents in accordance with the statutory provisions. In other cases of delay in performance, our liability for damages in addition to performance shall be limited to 50% of the value of the delivery and for damages in lieu of performance to 100% of the value of the delivery. Further claims of the customer are excluded - even after expiry of any deadline set for us to perform. The above limitation shall not apply to liability for injury to life, limb or health. A change in the burden of proof to the detriment of the customer is not associated with the above provisions.
4.6 The customer is obliged to accept the delivery and assembly at the agreed acceptance location and date. If the customer is in default of acceptance or violates other obligations to co-operate, we shall be entitled to demand compensation for the damage incurred by us, including any additional expenses. In this case, the risk of accidental loss or accidental deterioration of the object of purchase shall also pass to the customer at the time at which the customer is in default of acceptance.
4.7 If delivery is impossible, the customer shall be entitled to claim damages in accordance with the statutory provisions. However, his claim for damages in addition to or instead of performance and for futile expenses shall be limited to 50% of the value of that part of the delivery which cannot be used due to the impossibility. Further claims of the Purchaser due to the impossibility of delivery are excluded. This limitation shall not apply in cases of liability based on intent, gross negligence or injury to life, body or health. The right of the customer to withdraw from the contract remains unaffected. A change in the burden of proof to the detriment of the customer is not associated with the above provisions.
4.8 The price quoted in the offer is subject to the proviso that the goods purchased by us are not subject to punitive customs duties; should this occur, we shall be entitled to charge you for the additional expense - to be proven to you in detail - due to such punitive customs duties. In this case, you have the option of cancelling the contract within 14 days of becoming aware of this circumstance.
5.1 We reserve title to the purchased item until receipt of all payments arising from the business relationship with the customer. In the event of behaviour contrary to the contract on the part of the customer, in particular in the event of default in payment, we shall be entitled to take back the purchased item. If we take back the object of sale, this shall not constitute a cancellation of the contract unless we have expressly declared this in writing. The seizure of the purchased item by us shall always constitute a cancellation of the contract. After taking back the purchased item, we are authorised to realise it. The realisation proceeds shall be offset against the customer's liabilities - less reasonable realisation costs.
5.2 The customer is obliged to treat the purchased item with care and to insure it adequately against damage. The customer hereby assigns to us any claims against the insurance company.
5.3 In the event of seizures or other interventions by third parties, the customer must inform us immediately in writing so that we can file a suit in accordance with § 771 ZPO (German Code of Civil Procedure). If the third party is not in a position to reimburse us for the judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the customer shall be liable for the loss incurred by us.
5.4 The customer shall be entitled to resell the purchased item in the ordinary course of business; however, he hereby assigns to us all claims in the amount of the final invoice amount (including VAT) which accrue to him from the resale against his customers or third parties, irrespective of whether the purchased item has been resold without or after processing. The customer shall remain entitled to collect this claim even after the assignment; our authorisation to collect the claim ourselves shall remain unaffected by this. However, we undertake not to collect the claim as long as the customer fulfils his payment obligations from the proceeds received, is not in default of payment and, in particular, no application for the opening of bankruptcy or composition proceedings has been filed and payments have not been suspended. If the obligation not to collect is cancelled, we can demand that the customer informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors of the assignment.
5.5 The processing or transformation of the object of sale by the customer shall always be carried out on our behalf. If the purchased item is processed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the purchased item to the other processed items at the time of processing. In all other respects, the same shall apply to the item resulting from the processing as to the purchased item delivered under reservation of title.
5.6 If the purchased item is inseparably mixed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the purchased item to the other mixed items at the time of mixing. If the mixing takes place in such a way that the customer's item is to be regarded as the main item, it is agreed that the customer shall transfer co-ownership to us on a pro rata basis. The customer shall keep the resulting sole or co-ownership for us.
5.7 To secure our claim, the customer assigns all claims to which he is entitled against third parties, including ancillary rights.
5.8 We undertake to release the securities to which we are entitled at the request of the customer to the extent that the value of our securities exceeds the claims to be secured by more than 20%; we shall be responsible for selecting the securities to be released.
6.1 The warranty shall be governed by the statutory provisions.
6.2 Furthermore, any warranty is excluded if goods delivered by us have been processed, treated or modified without our consent or if our instructions for use have not been followed. In the case of damaged seals, we assume that such improper handling has taken place.
6.3 For medical devices within the meaning of Regulation (EU) 2017/745 whose use is subject to regular maintenance (MPBetreibV), a warranty can only be provided if regular maintenance intervals are observed.
6.4 We ourselves do not grant the customer any guarantees.
6.5 If guarantees are listed in brochures, catalogues or other advertising material, this is exclusively a reference to the fact that the respective manufacturer offers such a guarantee in accordance with its conditions. It is the responsibility of the customer to inform himself independently about the corresponding conditions of the guarantee of the respective manufacturer.
6.6 Paragraphs 6.2. and 6.3. shall only apply insofar as it is not a purchase of consumer goods within the meaning of § 474 BGB.
7.1 We shall be liable in cases of intent or gross negligence by us, our representatives or vicarious agents in accordance with the statutory provisions. Otherwise, we shall only be liable under the Product Liability Act, for injury to life, limb or health, for culpable breach of material contractual obligations or if we have fraudulently concealed the defect or assumed a guarantee for the quality of the purchased item.
7.2 However, the claim for damages for the breach of essential contractual obligations is limited to the foreseeable damage typical for the contract. Liability for damage caused by the object of purchase to legal assets of the customer (e.g. damage to other items) is completely excluded. This (point 7.2 sentences 1 and 2) shall not apply in the event of intent or gross negligence or in the event of liability for injury to life, limb or health or if we have fraudulently concealed the defect or assumed a guarantee for the quality of the purchased item.
7.3 The provisions of the above paragraphs 7.1 and 7.2 shall extend to damages in addition to performance and damages in lieu of performance, irrespective of the legal grounds, in particular due to defects, breach of duties arising from the contractual obligation or from unauthorised action. They also apply to claims for compensation for futile expenses.
7.4 Liability for default shall be governed by Section 4.5 of these Terms and Conditions, liability for impossibility shall be governed by Section 4.7.
7.5 A change in the burden of proof to the detriment of the customer is not associated with the above provisions.
7.6 To the extent permitted by law, all claims against us shall become time-barred one year after the claim against us arises.
7.7 Insofar as the customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB), liability pursuant to Section 7.1 shall extend to the breach of any contractual obligations. Furthermore, the limitations standardised in sentences 1 and 2 of point 7.2. shall not apply.
8.1 If, after acceptance of the order, we become aware of facts which give rise to justified doubts as to the solvency of the customer, we shall be entitled to demand full payment or corresponding securities before delivery or to withdraw from the contract after unsuccessfully setting a deadline. Evidence of a significant deterioration in assets shall be deemed to be bad information provided by a bank, credit agency, a company in a business relationship with the customer or similar in the opinion of a prudent businessman.
8.2 If delivery has already taken place, the invoice amounts in question shall be due for payment immediately, irrespective of any agreed terms of payment, possibly with return of the acceptances.
9.1 The place of fulfilment for the delivery is the manufacturer's plant or our distribution warehouse. The place of fulfilment for payment is our registered office. This (point 9.1.) does not apply to consumers
9.2 The place of jurisdiction for merchants, legal entities under public law or special funds under public law is our registered office.
Status 04/2025
The following supplementary General Terms and Conditions (hereinafter referred to as GTC) apply between you and the merchant for all contracts concluded with the merchant in which instalment purchase by easyCredit (hereinafter referred to as instalment purchase) is used. In the event of a conflict, the supplementary GTC shall take precedence over any other general terms and conditions of the merchant. An instalment purchase is only possible for customers who are consumers according to § 13 BGB (German Civil Code) and have reached the age of 18.
With the support of TeamBank AG Nürnberg, Beuthener Straße 25, 90471 Nuremberg (hereinafter referred to as TeamBank AG), the retailer provides you with the instalment purchase option for your purchase. The retailer reserves the right to check your creditworthiness. For further details, please refer to the instalment purchase data protection notice in the order section. If it is not possible to use the instalment purchase option due to insufficient creditworthiness or because the merchant's turnover limit has been reached, the merchant reserves the right to offer you an alternative payment option. The contract for an instalment purchase is concluded between you and the retailer. There is no payment, but with the hire purchase you decide to pay the purchase price in monthly instalments. Monthly instalments are to be paid over a fixed agreed term, whereby the final instalment may differ from the previous instalment amounts. Ownership of the goods remains reserved until full payment has been made. The receivables arising from the use of the instalment purchase are assigned by the merchant to TeamBank AG as part of an ongoing factoring agreement. Payments can only be made to TeamBank AG with debt-discharging effect. Apart from the general trade supervisory authority, the merchant is not subject to supervision by a supervisory authority. Complaints can be addressed to the merchant by letter or e-mail.
With the SEPA direct debit mandate issued with the instalment purchase, you authorise TeamBank AG to collect the payments to be made through the instalment purchase from your current account specified in the order process at the credit institution specified there by means of a SEPA direct debit. The collection will take place at the earliest on the date specified in the pre-notification/advance notice. A later, more timely collection can take place. If there is a reduction in the purchase price amount between the pre-notification and the due date (e.g. due to credit notes), the amount debited may differ from the amount stated in the pre-notification. You must ensure that your current account has sufficient funds at the due date. Your bank is not obliged to honour the direct debit if there are insufficient funds in your current account. If, due to a lack of sufficient funds in the current account, due to an unauthorised
If the account holder objects to a return debit note or if the current account is cancelled, you will be in default even without a separate reminder, unless the return debit note results from circumstances for which you are not responsible. TeamBank AG may claim the costs charged by your bank to TeamBank AG for a return debit note for which you are responsible as damages and must be reimbursed by you. You reserve the right to prove to TeamBank AG that you have suffered less damage or no damage at all. If you are in default, TeamBank AG is entitled to charge a reasonable reminder fee or default interest of five percentage points above the respective base rate of the European Central Bank for each reminder. Due to the high costs associated with a return debit note, we ask you not to object to the SEPA direct debit in the event of a cancellation of the purchase contract, a return or a complaint. In these cases, the payment will be reversed in agreement with the retailer by transferring back the corresponding amount or by issuing a credit note.
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