SThese terms and conditions apply to all legal acts between Hearing Buddy
and Client, including all offers made by Hearing Buddy, all agreements
between Hearing Buddy and Client, and to the execution thereof. In the
event that the applicability of these terms and conditions is
established in respect of any transaction between Client and Hearing
Buddy, these terms and conditions will be deemed to have been met by
operation of law in all subsequent transactions with Client in question.
Terms and conditions of Client, including purchase terms and conditions,
do not apply and their applicability is expressly rejected unless and
insofar as Hearing Buddy has explicitly agreed to their applicability in
writing. Additions to or deviations from these terms and conditions only
apply if and insofar as these have been confirmed in writing by Hearing
Buddy to Client, only relate to the specific transaction for which they
have been agreed and cannot be invoked in other transactions. Should any
provision of these terms and conditions prove to be null and void or
voidable, the other provisions of these terms and conditions will remain
in full force and effect, while Hearing Buddy will at all times be
entitled to replace the provision in question with another provision of
similar purport. Commercial terms, used in quotations, order
confirmations or otherwise, will be interpreted in accordance with the
International Rules for the Interpretation of Commercial Terms produced
by the International Chamber of Commerce (Incoterms), as in force at the
time of the conclusion of the agreement.
Offers and agreements
All offers, quotations, images, catalogues, sizes, weights, colours and
other information provided by Hearing Buddy are without obligation and
can only be considered as an invitation to Client to make a further
offer. Without prejudice to the foregoing, unless explicitly stated
otherwise, quotations are valid for a period of thirty days only. All
indications in offers, quotations or agreements and the appendices
thereto, such as (but not limited to) illustrations, drawings, sizes,
weights, yields, and colours, as well as the properties of any trial
copies or samples provided, are indicative only. Minor deviations are
therefore not at the risk and expense of Hearing Buddy and no rights can
therefore be derived from them by Client. An agreement between Hearing
Buddy and Client will only be concluded after an order has been
confirmed in writing by Hearing Buddy, or after Hearing Buddy has
actually started the execution of the order in whole or in part. Verbal
commitments by and agreements with subordinates of Hearing Buddy do not
bind Hearing Buddy until and insofar as they have been confirmed in
writing by Hearing Buddy. If Client does not agree with the order
confirmation, this will be notified to Hearing Buddy in writing within
five days, failing which the order confirmation will become irrevocable
and any additional costs resulting from a subsequent change desired by
Client will be for Client’s account. Obvious mistakes or errors in
offers by Hearing Buddy release Hearing Buddy from its obligation to
fulfil its obligations and/or any obligations to pay compensation
ensuing therefrom, even after the conclusion of the agreement. In the
event that the agreement is cancelled by Client after the conclusion of
the agreement, for whatever reason, or is terminated by Hearing Buddy
due to an attributable shortcoming on the part of Client, all costs
already incurred by Hearing Buddy, as well as the amount of loss of
profit and other damage, will be for the account of Client. If the order
is given on behalf of a legal entity, the person giving the order is
jointly and severally liable for the fulfilment of the obligations
towards Hearing Buddy created on behalf of the legal entity in question.
Client and its personnel will observe secrecy towards third parties who
are not involved in the execution of the order of all information of a
confidential nature (including drawings, models, constructions, diagrams
and further business information and know-how) of Hearing Buddy, in the
broadest sense of the word, which has been made available to Client by
Hearing Buddy or has been brought to Client’s knowledge. These products
will be returned at Hearing Buddy’s first request and without delay.
