Terms and Conditions

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The following terms and conditions of business shall apply to any and all contracts and agreements concluded between us and a purchaser and concerning the delivery of our products. They shall also apply to any and all future business relationships, even if they have not been or shall not be expressly reaffirmed or agreed again. Any conflicting or deviating terms and conditions are subject to our written confirmation.

Any claims for defects made by Purchaser shall only exist, if Purchaser has duly complied with his¹ duty to examine and notify us of a possible defect immediately upon receipt of goods in accordance with § 2-314 (Uniform Commercial Code). 

Delivery of our products shall only be made conditionally with reservation of ownership. We reserve the right of title in the products delivered by us (reserved goods) until all claims resulting from the business relationship with Purchaser have been fulfilled. This shall also apply to any and all future deliveries. Purchaser shall be obliged to handle the reserved goods with care until title of ownership has passed to him and take out sufficient insurance cover for the reserved goods against theft and damage by fire or water at face value. Any necessary maintenance and inspection work shall be carried out in a timely manner and at Purchaser’s expense. As long as the ownership did not pass, Purchaser shall notify us immediately of any access to the reserved goods by any third party, particularly by way of attachment/seizure, so that we may assert our ownership rights. Purchaser shall be entitled resell the reserved goods within the ordinary course of business. Purchaser hereby assigns any and all claims resulting from such resale to us, and that to the total amount invoiced (i.e. inclusive of VAT) with respect to each claim.  We hereby accept such assignment. Purchaser shall remain authorized to collect the debts. Our authority of collecting debts ourselves shall remain unaffected thereof. We shall refrain from collecting debts as long as Purchaser meets his payment obligations, does not get into arrears or claims or suspends his payments. Any treatment or processing of the reserved goods by Purchaser shall, in any case, be on our behalf. In this case, Purchaser’s expectant right in the reserved goods shall pass to the treated or processed reserved goods. Should the reserved goods be processed with other objects not belonging to us, then we shall acquire co-ownership in the new goods in proportion of the total amount invoiced for our reserved goods to the other processed objects at the time of their processing. The same shall apply in case our reserved goods are mixed with other goods. We are obliged to release such part of the securities due to us the realizable value of which exceeds the debts to be covered by more than 10 per cent, with the securities to be released being, however, of our choice. 

The place of performance and of jurisdiction for deliveries and payments as well as any and all disputes resulting between us and Purchaser in relation to the business relationship between us and Purchaser shall be our business domicile. We shall, however, be entitled to file claims against Purchaser at his residential or business domicile.

The relations between the parties shall exclusively be governed by the law of the United States of America to the exclusion of the UN Sales Convention (CISG). 

Purchaser must notify Seller within two business days of product delivery if any order discrepancies exist.  Order discrepancies include, but are not limited to, errors in quantity or catalog numbers included within shipment.  Seller cannot be held responsible for any order discrepancies that are identified after this timeline has passed.

¹  Any reference to the male gender shall include the female as well as the singular and the plural.

Privacy statement and declaration of consent to the processing of health information and personal data

The EU General Data Protection Regulation obligates Fehling Instruments Gmbh & Co. KG, Hanauer Landstr. 7A, 63791 Karlstein, Germany (phone: +49 (0) 61 88 - 95 74-0, fax: + 49 (0) 61 88 - 95 74-46) , as the controller for the data processing, to indicate that we collect, store, use, and may transmit to third parties, data on your person and circumstances to the extent it is needed for the proper fulfillment of our contractual relationship, as well as for promotional purposes and offer preparation. In addition, our generally unlimited confidentiality naturally continues to apply.

Overview of the personal data and its deletion

The following personal data of yours is primarily affected by our contractual relationship: last name, first name, address, contact information—such as any e-mail or telephone number—banking information, information in connection with the ordered performance, such as measurements, dimensions, drawings, plans, photographs, virtual representations and stipulated contract conditions. We collect, process or use personal data only for fulfillment of the contractual relationship, for promotional purposes and offer preparation. The data is deleted following the expiration of statutory retention obligations (usually ten years under the German Tax Code (Abgabenordnung – AO) and the German Commercial Code (Handelsgesetzbuch – HGB)) and following the expiration of periods for the assertion of claims for damages, especially under the German Product Liability Act (Produkthaftungsgesetz – ProdHaftG) and manufacturer's liability under the German Civil Code (Bürgerliches Gesetzbuch – BGB).

Advertising and contradictory legal

Storage of health information and personal data for promotional purposes and for the sending of offers can be objected to at any time, without stating reasons, through the contact information mentioned above. 

Unencrypted e-mail communication 

We assume no responsibility for the security of data and information transmitted with unencrypted e-mails. It is nevertheless possible to change this at any time with future effect if you request. 

Use of software solutions and external IT services 

Depending on the process, it can also happen that the data is transmitted to an external IT service provider that we have contracted with. If this occurs, these external service providers are consulted exclusively on the basis of a written data processing agreement which also subjects these external IT service providers to our confidentiality. 

Your rights under the EU General Data Processing Regulation

Under the new EU General Data Processing Regulation, you have the following rights with respect to us concerning your personal data: Right to information, Right to correction or deletion (to the extent permitted by law), Right to restriction of processing, Right to object to the processing, Right to data portability, Right to lodge a complaint with a data protection supervisory authority (https://www.lda.bayern.de) concerning the processing of your personal data by us. 

Data protection officer

Contact information of the controller's data protection officer: datenschutz@fehling-instruments.de

Fehling Instruments GmbH & Co. KG, Data Protection Officer, Hanauer Landstr. 7A, 63791 Karlstein/Germany, Phone: +49 (0) 61 88 - 95 74-0, Fax: + 49 (0) 61 88 - 95 74-46

Storage and transmission

By submitting your data, you consent that Fehling Surgical Instruments, Inc. is allowed to transmit your stored personal data to contract partners even in third countries without guarantee and adequacy decision if this is necessary for the fulfilment of the contractual relationship (for example eyeglasses-pass-data for the production of surgical telescopes will be transmitted in the USA, transmission of contact data to sales representatives and distributors).