TERMS AND CONDITIONS for the DENTAL TECHNICIAN TRADE
General commercial, delivery, and payment
1. Validity Agreements
The general commercial, delivery and payment terms of the Contractor for dental technician services and work undertaken by
the Contractor on behalf of the Client will henceforth be known as the TERMS and CONDITIONS and will be binding between the
Contractor and Client for all work undertaken by the Contractor. Any specific and or isolated work agreed to by both parties
will never-the-less carry the proviso that it is incumbent on the Client, particularly in such areas as purchase and payment
to adhere to the TERMS AND CONDITIONS. That is to say that "specific and isolated" case work contracts will not null and void
the TERMS and CONDITIONS. This counts also if the TERMS and CONDITIONS of the Contractor are changed or partially cancelled.
In addition and running parallel to the TERMS and CONDITIONS are the statutory legal regulations.
2. Orders, Prices and Quotes
(1) All verbal or telephone agreements shall be confirmed in writing by the Contractor.
(2) All prices, otherwise agreed will be in EURO and will include Value Added Taxes in line with prevailing regulations.
(3) Reimbursements for work undertaken by the Contractor will adhere to the Contractor's price list at time of delivery unless
otherwise agreed. Clause 4 (which follows) remains unaffected by this.
(4) The quoted price of the Contractor remains current for a period of 2 months from the date it was first estimated, subject
to any unforeseen╩ expenditure╩such as an increase in quantity or cost of materials The quoted price of the Contractor only
takes into consideration foreseeable expenditure with any unforeseeable expenditure such as an increase in quantity or cost of
materials having a direct bearing on the final cost to the Client.
(5) Any price increase resulting from an increase in material cost or due to revised Client requests (see PARAGRAPH 7, CLAUSE 2
of the TERMS and CONDITIONS), will be notified.
3. Delivery Time
Terms of delivery are set by the Contractor, will be in writing and are binding unless otherwise stated, or subject to acts of
God. Any need to extend the delivery time is similarly governed by PARAGRAPH 6 of the TERMS and CONDITIONS which relate to
the potential need to rectify any defects in the work. In such cases an extension of up to 5 working days is agreed to by
the Client. Cases exceeding 5 working days only attract claims of compensation from the Client if they are based on shoddy
workmanship or design by the Contractor or his or her assistants and not the failure to adhere to the delivery time.
4. Place of Delivery or Dispatch
(1) The place of delivery (defined as the WORKPLACE in SECTION 269 of the German Civil Code) of the contracted work of the
Contractor are the premises of the Contractor. This will also serve as the place of repair to any work and for settlement of payment.
(2) The risk associated with the dispatch of work, such as individual pieces, models and any other related things will be
assumed by the Client. The Contractor assumes all care but no responsibility for damage in transit. Standard and usual packaging
will be used to transport work and unless expressly agreed between the client and the Contractor, will be uninsured.
(1) The undertaking of the Contractor to fulfill the contract does not include those warranties covered by PARAGRAPH 1,
SECTION 663 or PARAGRAPH 2, SECTION 459 of the German Civil Code unless specifically guaranteed by the contractor.
(2) The Client is obliged to check completed work for evident defects. The Client is also obliged to bring any such defects
to the attention of the Contractor within a period of 1 week from the time of delivery. Failure to do this negates any recourse
to the contractor.
(3) Guarantee claims by the Client are limited to the right to minor amendments to the work or if the Contractor so decides, to
have the work replaced subject to CLAUSE 2, PARAGRAPH 2 of SECTION 633, and SECTION 476 of the German Civil Code which
allows for the client to claim a reduction in the price or if he/she chooses, a cancellation of the contract if the work cannot
be amended or replaced.
6. Working Models, Presentations
The Contractor has no influence over the models and castings taken by the Client. In the case that the Contractor recognizes
any imperfections in, or doubts about the castings, moulds or models it will be communicated to the Client immediately. In such
cases the Client can request any necessary changes or new preparation of the work but recognizes that this will extend the period
necessary to complete the contract. The Contractor is in such cases entitled but not obliged to keep any models or castings for
as long as is necessary to clarify responsibility for any said defects.
7. Materials and Accessories
(1) The preparation of artificial dentures is subject to the regulations of the Medical Products Law (MPG) The Client is
responsible as set out in Product Liability Law for parts supplied to the Contractor such as teeth, deposits, joints and materials
of all kinds used in the production of artificial dentures
(2) Any price increase due to materials, accessorized or auxiliary work will be based on the Contractors price list.
(3) Concerning the safekeeping of parts supplied by the Client as described in the proceeding Paragraph 1, the Contractor undertakes
to exercise his or her usual standards of care.
(1) Payment to the Contractor is required within 10 working days of the delivery of work and the issuing of an invoice to the
Client. The Client is obliged to bring to the attention of the Contractor any billing errors within one week of completion of
(2) The Contractor is not obliged to accept cheques or bank transfers as payment. In the event that payment is by cheque or bank
transfer, the cheque or bank transfer must first be cleared for payment to be considered complete.
(3) In the case of delayed payment to the Contractor and subject to any other compensation claims, the Contractor can require
the Client to pay an interest penalty on the outstanding bill at 4% over the Current Annual Collateral rate set by the German
Federal Bank. This remains the case unless the Client can prove minor damage or faults by the Contractor within the work.
9. Account Balancing, Retention of Payment
Account balancing or "Off-Setting"against the Contractors payment claims is excluded unless such cases are undisputed or
legally ascertained. Retention of payment by the Client is excluded insofar as it does not relate to the contractual agreement
in question and where payment retention is the issue.
10. Retention of Title
The delivered product and work remains the property of the Contractor until fulland final payment.
11. Liability Restrictions and Care Standards
Upon completion of the contract, compensation claims by the client against the contractor based on fault or actual injury are
excluded unless it can be shown to be due to negligence on the part of the Contractor, his legal representatives or assistants.
This also applies concerning any claims by the Client against the Contractor concerning unauthorized treatment pursuant SECTION 832
of the German Civil Code.
12. Jurisdiction and Legal Venue
In the event of any legal action at the conclusion of the contract, the Client will be considered domiciled at his or her place
of residence unless this is not known in which case it will be considered the place where the contract was undertaken, i.e. the
premises of the Contractor. All other laws remain unaffected.