General Terms and Conditions of Kröber Medizintechnik GmbH

Status: April 2010

General
For business transactions between us and our business partners, our General Terms and Conditions (GTC) apply exclusively. We do not accept any deviating or conflicting terms and conditions. By placing an order the business partner accepts our terms and conditions.

1. Offers and Prices
are subject to change. Verbal declarations are only valid with written confirmation.
The prices of the current price list apply. With their appearance older price lists lose their validity. We reserve the right to change prices.

2. Orders
we request in writing. We charge a minimum quantity surcharge of 3.00 EUR for orders below 20.00 EUR net value of goods.

3. Delivery time
We shall endeavor to comply with the delivery periods confirmed by us in writing, but they are subject to change. All events and circumstances beyond our control (e.g. strikes, lockouts, general obstruction of monetary and credit transactions, warlike events, rejects, regardless of whether they occur at our plant or at one of our suppliers) shall be considered force majeure and shall release us from the obligation to deliver for as long as the force majeure continues. Our business partner is not entitled to cancel the order partially or completely. The same shall apply in the event of legal or official orders that make delivery difficult or impossible, regardless of whether this affects our plant, the plant of one of our suppliers or the transport route.

4. Dispatch
Dispatch shall always be effected - even in the case of prepaid deliveries - at the expense and risk of the Buyer by our own vehicles or freight, forwarding agent, post office or other delivery service ex works Dieblich or ex warehouse of one of our branch offices.
If we are given a specific shipping method, any additional costs incurred by us as a result will be charged to the business partner.
For all returns, whether for exchange or credit, which are due to a faulty order or to reasons for which we are not responsible, the sender will be charged a handling fee. This fee amounts to up to 90.00 EUR net merchandise maintenance 20% of the net merchandise value, with a higher net merchandise value a lump sum of 15.00 EUR. The returned goods must be in the original packaging and in an undamaged condition.
We draw the attention of buyers of steel cylinders for compressed or liquefied gases to the Compressed Gas Ordinance. The business partner is obliged to comply with these legal obligations. He releases us from any liability in this respect.

5. Standard Transport
and sales packaging shall not be charged and shall be taken back within the scope of the Packaging Ordinance. The costs of the return transport of the packaging shall be borne by our business partner. We refer to the disposal possibilities through Resy ,the Green Dot or similar institutions.
We ask you to keep special packaging for the possible return transport of the devices. We reserve the right to charge for additional special packaging.

6. We reserve the right to withdraw
from the delivery contract at any time and under exclusion of any liability.

7. Payments
are requested by bank transfer to one of our accounts within ten days of invoicing less 2% discount or within 30 days net. A 2% discount will also be granted for advance payment or cash on delivery. In the event of late receipt of payment, the statutory provisions shall apply.

8. Complaints, Right of Retention, Set-off
The goods shipped by us are to be checked immediately upon receipt for damage and any defects. Complaints must be submitted to us immediately in writing with a damage report. Delayed notifications will lead to exclusion of liability.
Even in cases where a complaint is made, the purchase price must be paid on the agreed date. The assertion of a right of retention by the business partner is excluded.
Offsetting against claims of us is only permitted with an undisputed or legally established counterclaim.

9. Retention of title
Ownership of the delivered goods shall not pass to the purchaser until payment has been made in full.

10 Liability for defects
We shall be liable for any defects in the delivery exclusively in accordance with the following provisions:

10.1.
The warranty period is one year and begins with the receipt of the goods. It shall not be extended by any repairs and replacement deliveries.

10.2.
The purchaser is obliged to notify us immediately in writing of any defects. We shall remedy justified defects at our expense within a reasonable period of time, at our discretion, by replacing defective parts, replacing the device or by repair.

10.3.
Any liability for defects is excluded in the following cases:
Unsuitable or improper use, in particular failure to observe the instructions for use enclosed with or attached to the device; faulty assembly or commissioning by our business partner or third parties; faulty or improper maintenance. This shall also include failure to carry out the maintenance prescribed by us at specified intervals. Liability shall also not apply if the maintenance is carried out by persons who are not authorized by us to do so. A defect shall also not be deemed to exist in the event of natural wear and tear, incorrect or negligent handling, excessive stress. The liability is limited to the removal of defects on the respective device.

11. General
11.1.
Additions or changes to these terms and conditions must be made in writing. This also includes the amendment of this written form clause. The same shall apply to all other contractual agreements.

11.2.
Should any provision of these General Terms and Conditions be or become invalid, the remaining content of these Terms and Conditions shall not be affected thereby. Rather, the contracting parties undertake to agree on a replacement provision that comes as close as possible to the original economic purpose of the invalid clause.

11.3.
Place of performance is Dieblich. Place of jurisdiction is Koblenz. German law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The contractual language is German.

Additional warranty
for our oxygen concentrators

In addition to the legal warranty, we provide a manufacturer's warranty with the following content:

Lifetime warranty of a maximum of 30,000 operating hours or for a maximum of 5 years from the date of purchase on all functional parts such as compressor, control board, valve technology, etc. The time factor that is reached first (either 30,000 hours or 5 years) applies.

Prerequisite is regular maintenance in accordance with the technical information for the unit.

Warranty scope: Free replacement of defective parts. The defective parts must be submitted to us for inspection prior to making a warranty claim. In order to process the warranty claim, we require the serial number, date of purchase and information on the operating hours of the device in question. If devices are sent to us for warranty repair at the customer's expense and free of transport costs for us, we will additionally bear the labor costs incurred for the possible warranty repair free of charge for the customer.

On-site costs for travel and working hours are not covered by us.

Excluded are: Filters and zeolites as well as damages caused by improper handling and mechanical damages of parts (e.g. transport damages).

Kröber Medizintechnik GmbH
Horst Kröber