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General Terms and Conditions for Sale and Delivery of BEE Medic GmbH Germany (for customers within the EU)

§ 1
Scope, terms and conditions for customers/exception

1. For all deliveries and other services to companies according to § 310 para. 1 BGB our present terms and conditions shall exclusively apply. These also apply to all future agreements with the customer, even if they are not expressly agreed upon once more.

2. We do not accept any conflicting terms and conditions of our customers unless we have expressly agreed upon their validity in writing. Our general terms and conditions apply even if we provide services to the customer unconditionally even though we are aware of conflicting or differing terms and conditions of the customer. Deviating agreements and verbal agreements are only effective when we confirm them in writing or by fax or email.

3. The following terms and conditions do not apply to contractual relationships between the Swiss BEE Medic GmbH and Swiss customers. For intra-Swiss contractual relationships, we refer to the terms and conditions of BEE Medic GmbH Switzerland for non EU customers. (see below)

§ 2
Quotation, scope of services rendered and contract conclusion

1. Information on our part in catalogs, brochures, the Internet or other media does not represent a quotation; the contract is concluded solely - for lack of a special agreement - with acceptance (confirmation of order) on our part.
Orders (offers to conclude a sales contract) must be formulated in written manner (e-mail, fax or letter).

2. The customer is bound to his offer to conclude a sales contract (order) for two weeks. We can only accept the offer within these two weeks by making a notice to the customer (order confirmation).

3. Offers are always subject to change on our part.

4. For the scope of the owed service defined by contract solely our order confirmation is legally binding.

5. We owe only the supply of goods of average type and quality.

§ 3
Prices, changes of price and payment

1. Our prices do not include the cost of packaging and transport as well as the legally owed value added tax.

2. Unless agreed upon otherwise, payment is to be made free of costs and in full within 30 days of receipt of the invoice. Rate- or partial payments are accepted only after prior agreement.  If payments of installments are delayed, the entire outstanding amount is payable immediately and can be enforced. A delivery to new customers will only be made after payment in advance. We reserve the right to deliver only after prepayment, also for already existing customer relationships.

3. We reserve the right to increase our prices adequately if, after the contract has been concluded, costs increase, particularly because of changes in the U.S. $ exchange rate.

4. Errors in calculation, computation, writing or pictures are reserved.

5. Duties or freight charges are to be paid by the customer. We will provide evidence of these costs to the customer upon request.

6. The customer will be in default even without a reminder, § 286 III BGB. Costs for possible reminders can be charged to the customer´s account with an overall rate of 10,00 EUR/reminder. 

7. In the event that the customer is in default, on demand he must pay default interest at the rate of eight percent above the base rate. We are entitled to charge the customer a higher interest rate if there is legal ground to do so.

§ 4
Shipping / delivery period

1. As far as no specific delivery period is agreed upon, the delivery (i.e. delivery of goods to the post office), is usually made within three working days of receiving the order.

2. Post office boxes are not accepted as a shipping address.

3. In the event of unforeseen events, for that we are not responsible, and that preclude us from delivering our service, such as cases of force majeure, strikes, breakdowns in our own company or the company of our suppliers, transportation difficulties, etc., as well as administrative measures, such as inspection of goods by customs, the delivery period is extended by the duration of the problem if we are thereby prevented from timely fulfillment of our obligations. These we will prove to the customer on demand.

§ 5
Risk transfer

The risk of accidental loss and accidental deterioration of the purchased goods passes over to the customer as soon as we have delivered or handed over the purchased goods to the post, the freight forwarder, the carrier or to another person or institution responsible for the execution of the transport.

A transport insurance is only effected at the written request of the customer, the costs are borne by the customer.

§ 6
Title retention

We reserve the ownership of the goods until full receipt of the purchase price. To exercise the right to retain ownership, we are also entitled without cancelling the contract.

§ 7
Examination of goods / report of defects

The customer has to inspect the goods upon receipt within 48 hours for shipping damage, completeness or other defects, and report such damage or defects, indicating the specific defect within a further 24 hours.
Hidden defects must also be reported within 24 hours of discovery, stating the specific defect.
For the timeliness of the complaint it is sufficient to dispatch the complaint by letter (significant is the date of the postmark) or fax (significant is the fax signature).

§ 8
Claims arising from defects / liability

1. The legal claims of the customer arising from defects require that the customer has complied with the obligation to inspect the goods and report defects in accordance with § 7. Otherwise, any warranty claims are excluded.

2. In the case of removal of defects by supplementary performance the customer must return the rejected product immediately to us. For the duration of use the customer must grant compensation for lost value in terms of § 346 clause 2 BGB and/or refund the benefits that have been made of the goods in terms of § 346 clause 1 BGB. 

3. We are liable under the law for damages as follows:
a. in the case of a culpable breach of an essential contractual obligation the indemnity liability is restricted to the foreseeable, contract-typical
damage, unless the infringement of the contract was intentional.
b. for other breaches of responsibilities, we are only liable for deliberate intention or gross negligence, including deliberate intention or gross negligence of our representatives and vicarious agents. In the case of only gross negligence, the liability is limited to the foreseeable, contract-typical damage.

4. The liability for faulty damage to life, the body or health remains unaffected; this is also valid insofar as liability according to the product liability law is given.

5. Unless previously agreed otherwise, the liability is excluded.

6. For the customer the limitation period for claims arising from defects is 12 months from receipt of goods.

§ 9
Applicable law / competent court / contract language

German law applies; the application of the CISG Convention is excluded. Exclusive court of jurisdiction is Singen/Germany or the district court of jurisdiction responsible for Singen which is Konstanz/Germany, if the responsibility for the litigation falls within the scope of the County Court, provided that the purchaser is a businessman or has no residence in Germany. Otherwise, the general provisions on the court of jurisdiction apply.

The contract language is German.

§ 10
Written form requirement

Collateral agreements, changes or additions must be made in written form in order to be effective. Also the agreement on the abolition of the written form requirement must be made in writing.

§ 11
Final provisions

The present General Terms and Conditions for Sale and Delivery in English are a translation of their original German version. In case of litigation only the German version shall apply.

General Terms and Conditions for Sale, Delivery, Courses and EEG Info Membership of BEE Medic GmbH Switzerland (for customers, outside of the EU)

 

§ 1 Scope, terms and conditions for customers/exception
1. For all deliveries and other services to companies our present terms and conditions shall exclusively apply. These also apply to all future agreements with the customer, even if they are not expressly agreed upon once more.

2. We do not accept any conflicting terms and conditions of our customers unless we have expressly agreed upon their validity in writing. Our general terms and conditions apply even if we provide services to the customer unconditionally even though we are aware of conflicting or differing terms and conditions of the customer. Deviating agreements and verbal agreements are only effective when we confirm them in writing or by fax or email.


§ 2 Quotation, scope of services rendered and contract conclusion

1. Information on our part in catalogs, brochures, the Internet or other media does not represent a quotation; the contract is concluded solely - for lack of a special agreement - with acceptance (confirmation of order) on our part. Orders (offers to conclude a sales contract) must be formulated in written manner (e-mail, fax or letter).

2. The customer is bound to his offer to conclude a sales contract (order) for two weeks. We can only accept the offer within these two weeks by making a notice to the customer (order confirmation).


3. Offers are always subject to change on our part. 4. For the scope of the owed service defined by contract solely our order confirmation is legally binding. 5. We owe only the supply of goods of average type and quality.

§ 3 Prices, changes of price and payment
1. Our prices do not include the cost of packaging and transport as well as the legally owed value added tax.

2. Unless agreed upon otherwise, payment is to be made free of costs and in full within 30 days of receipt of the invoice. Rate- or partial payments are accepted only after prior agreement. If payments of installments are delayed, the entire outstanding amount is payable immediately and can be enforced. A delivery to new customers will only be made after payment in advance. We reserve the right to deliver only after prepayment, also for already existing customer relationships.

3. We reserve the right to increase our prices adequately if, after the contract has been concluded, costs increase, particularly because of changes in the U.S. $ exchange rate. The invoices will be issued in CHF and have also to be paid in CHF. In esceptional cases, payment in EUR can be arranged.

4. Errors in calculation, computation, writing or pictures are reserved.

5. Duties or freight charges are to be paid by the customer. We will provide evidence of these costs to the customer upon request.

6. The customer will be in default even without a reminder. Costs for possible reminders can be charged to the customer´s account with an overall rate of 20,00 CHF/reminder.

7. In the event that the customer is in default, on demand he must pay default interest at the rate of eight percent above the base rate. We are entitled to charge the customer a higher interest rate if there is legal ground to do so.


§ 4 Shipping / delivery period
1. As far as no specific delivery period is agreed upon, the delivery (i.e. delivery of goods to the post office), is usually made within three working days of receiving the order.

2. Post office boxes are not accepted as a shipping address.

3. In the event of unforeseen events, for that we are not responsible, and that preclude us from delivering our service, such as cases of force majeure, strikes, breakdowns in our own company or the company of our suppliers, transportation difficulties, etc., as well as administrative measures, such as inspection of goods by customs, the delivery period is extended by the duration of the problem if we are thereby prevented from timely fulfillment of our obligations. These we will prove to the customer on demand.


§ 5 Risk transfer
The risk of accidental loss and accidental deterioration of the purchased goods passes over to the customer as soon as we have delivered or handed over the purchased goods to the post, the freight forwarder, the carrier or to another person or institution responsible for the execution of the transport. A transport insurance is only effected at the written request of the customer, the costs are borne by the customer.


§ 6 Title retention
We reserve the ownership of the goods until full receipt of the purchase price. To exercise the right to retain ownership, we are also entitled without cancelling the contract.


§ 7 Examination of goods / report of defects
The customer has to inspect the goods upon receipt within 48 hours for shipping damage, completeness or other defects, and report such damage or defects, indicating the specific defect within a further 24 hours. Hidden defects must also be reported within 24 hours of discovery, stating the specific defect. For the timeliness of the complaint it is sufficient to dispatch the complaint by letter (significant is the date of the postmark) or fax (significant is the fax signature).


§ 8 Claims arising from defects / liability
1. The legal claims of the customer arising from defects require that the customer has complied with the obligation to inspect the goods and report defects in accordance with § 7. Otherwise, any warranty claims are excluded.

2. In the case of removal of defects by supplementary performance the customer must return the rejected product immediately to us. For the duration of use the customer must grant compensation for lost value and/or refund the benefits that have been made of the goods.

3. We are liable under the law for damages as follows: a. in the case of a culpable breach of an essential contractual obligation the indemnity liability is restricted to the foreseeable, contract-typical damage, unless the infringement of the contract was intentional. b. for other breaches of responsibilities, we are only liable for deliberate intention or gross negligence, including deliberate intention or gross negligence of our representatives and vicarious agents. In the case of only gross negligence, the liability is limited to the foreseeable, contract-typical damage.

4. The liability for faulty damage to life, the body or health remains unaffected; this is also valid insofar as liability according to the product liability law is given.

5. Unless previously agreed otherwise, the liability is excluded.

6. For the customer the limitation period for claims arising from defects is 12 months from receipt of goods.


§ 9 Applicable law / competent court / contract language
Swiss law applies. Exclusive court of jurisdiction is the district court of jurisdiction responsible for BEE Medic GmbH Switzerland. Otherwise, the general provisions on the court of jurisdiction apply. We can sue the customer at his general place of jurisdiction. The contract language is German.


§ 10 Written form requirement
Collateral agreements, changes or additions must be made in written form in order to be effective. Also the agreement on the abolition of the written form requirement must be made in writing.


§ 11 Final provisions
The present General Terms and Conditions for Sale and Delivery in English are a translation of their original German version. In case of litigation only the German version shall apply.

 

 

BEE Medic Software and Installation valid for BEE Medic GmbH Germany and BEE Medic GmbH Switzerland

Cygnet software updates are currently for the time being for free, if they will be downloaded and installed by the customer itself. The installation of Cygnet software updates by BEE Medic GmbH Switzerland or Germany is subject to charges.

New and/or additional modules for Cygnet and/or games and other software are generally not for free.

If you have purchased a set from us (BEE Medic GmbH Switzerland or Germany), the first Cygnet installation is included in the price of the Neurofeedback set. A second installation on the same computer and/or on one or more additional computers, are with costs.

If the system has not been purchased with BEE Medic GmbH Switzerland or Germany, there is neither demand for a free Cygnet software installation nor free support for the Cygnet software.

After the Cygnet software had been installed to a computer and its servicability has been proven,  BEE Medic GmbH Switzerland or Germany has fulfilled its duty.

BEE Medic GmbH Switzerland or Germany does not take any PC service or PC support and just publishes system requirements and general recommendations on the website as well as in other electronic communication.

The customer is always and in general responsible for the maintanance of the computer itself (e.g. operating system updates, backups, security software, etc.). We strongly recommend, to hire a professional PC supporter.

Terms for rental units, equipment to lent and/or test equipment valid for BEE Medic GmbH Germany and BEE Medic GmbH Switzerland

1. The device, sent to you with the serial number noted on the packing slip, is the property of BEE Medic GmbH and must be returned to us after the loan/test period has ended. For the length of the loan/test period, please refer to the delivery note.If the device is purchased after the loan/test period, it must not be returned.

If we do not receive the device after the loan/test period has ended on time, we reserve the right to charge a rental fee of EUR 2.50 excl. VAT for EU countries, CHF 3.00 excl. VAT for non EU countries, for each additional day the device is kept.

2. The lent/tested equipment must not be labeled with stickers or otherwise. After use, it must be cleaned and returned to us with all accessories.

3. If a device is defective or missing accessories and/or returned unclean, we will charge you for the loss in value, the replacement of missing parts and/or the cleaning. If the damage is considerable or the device is lost, we might have to charge you the full price for the device. If possible, always choose a mode of shipment, where you are provided with a tracking number.

4. Please take care to return the same unit that we have provided. The serial number can be found on the delivery note and also on this leaflet. If a unit of different serial number is returned and we need to exchange it, we will charge you for the additional costs for postage and packing.

5. We reserve the right to charge costs for postage and packing of the delivery.

6. We refer to our General Terms and Conditions which also apply.