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Since 2015, CP Medical Technology supplies components & Systems for MedTech and Biopharma industries across Europe.
of CP Medical Technology GmbH
1.1 These General Terms and Conditions apply to all business relationships between CP Medical Technology GmbH, registered office: Ascheberg-Herbern (hereinafter “Seller” or “CP Medical Technology”), and its customers, provided the customer is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB).
1.2 Deviating or supplementary terms and conditions of the customer shall not apply unless the Seller has expressly agreed to their validity in writing.
1.3 These GTC shall also apply if the Seller, being aware of the customer’s conflicting terms, performs delivery without reservation.
2.1 The Seller’s offers are non-binding and subject to change unless expressly designated as binding.
2.2 Technical information, drawings, dimensions, or data are only binding if expressly confirmed in writing.
2.3 Copyrights and ownership rights to offers, drawings, and documents remain with the Seller. The customer may use them only for the agreed purpose and may make them accessible to third parties only with the Seller’s consent.
3.1 Unless otherwise agreed in the contract, prices apply ex works plus packaging, freight, customs duties, and statutory VAT.
3.2 Invoices are payable without deduction within 30 days after delivery, unless otherwise agreed.
3.3 In the event of default in payment, the Seller is entitled to charge default interest at 5 percentage points above the applicable base interest rate. Further claims remain unaffected.
3.4 The customer may set off only with undisputed or legally established counterclaims.
4.1 Unless a fixed delivery date is agreed, delivery dates are non-binding.
4.2 Delays caused by the customer’s failure to fulfil cooperation duties shall extend the delivery time accordingly.
4.3 The Seller is not liable for delays due to force majeure or unforeseeable events for which the Seller is not responsible.
4.4 In the event of delivery delay or impossibility, the Seller’s liability is limited to foreseeable, typical damage (see § 9).
5.1 The place of performance is the Seller’s registered office in Ascheberg-Herbern, unless agreed otherwise in writing.
5.2 Risk shall pass to the customer as soon as the goods are handed over to the carrier or freight forwarder.
6.1 The delivered goods remain the Seller’s property until full payment of all claims, including interest and ancillary claims.
6.2 The customer may resell the goods subject to retention of title in the ordinary course of business, provided the customer is not in default of payment.
6.3 The Seller must be notified without delay of any seizure or other intervention by third parties.
7.1 Obvious defects must be notified in writing within 7 days of receipt of the goods; hidden defects must be notified in writing within 7 days of their discovery.
7.2 In the event of a justified notice of defects, the Seller may, at its discretion, remedy the defect or deliver a replacement.
7.3 If rectification or replacement fails, the customer may demand a price reduction or withdraw from the contract.
7.4 Further claims for damages are limited in accordance with § 9.
8.1 If the delivered goods infringe third-party IP rights, the Seller will, at its own expense and at its discretion, provide a remedy (e.g., modification, replacement, or license).
8.2 If this is not successful, the customer may rescind the contract or demand a price reduction.
8.3 No claims exist if the infringement results from the customer’s specifications or would not exist in the case of use in accordance with the contract.
9.1 In cases of simple negligence, the Seller is liable only for breach of essential contractual obligations (cardinal duties).
9.2 Liability is limited to foreseeable, contract-typical damage.
9.3 For personal injury, intent, or gross negligence, the statutory provisions apply without limitation.
The processing of personal data is carried out exclusively in accordance with the Privacy Policy of CP Medical Technology GmbH, available under Privacy.
11.1 German law shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
11.2 Should individual provisions of these GTC be invalid, the validity of the remaining provisions shall not be affected.
11.3 The place of jurisdiction for all disputes is, to the extent legally permissible, Coesfeld (court district).
11.4 In the event of differing language versions, only the German version of these GTC is authoritative.