Terms of Service

§ 1 General

1.1. The following Terms and Conditions (GTC) of Sonolog Medical (later in Sonolog) apply to all transactions with our customers exclusively; or different terms shall not be accepted unless Sonolog has expressly agreed in writing. The terms and conditions of Sonolog apply even if Sonolog executes and is aware of conflicting or differing terms of the customer, delivery or service to the customer. The terms and conditions of Sonolog also apply to future business with the customer.

1.2. Customers in these terms and conditions are consumers (§ 13 BGB) and an entrepreneur (§ 14 BGB).

1.3. All agreements for supplies and services and other ancillary agreements must be made in writing (fax is sufficient).

§ 2 Offer and conclusion of the transaction, subject to change

2.1. Offers are non-binding and subject to self-supply. If an order as an offer is according to § 145 BGB, Sonolog may accept this offer within four weeks of receipt. A contract is only valid through our written or telex confirmation.

2.2. Our cost estimates / offers drawings and other tender documents shall remain our property. Copyright exploitation rights therein are alone to us.

2.3. Sonolog reserves the right to change the performance of the service as part of commercial quantities and quality tolerances. In particular it can vary in the supplied peripheral of the device specified in the contract, if it does not lead to a change in performance or quality of the main unit..

§ 3 Deliveries, performance time, partial services

3.1. Deadlines are met, if by the end of the contract the goods have left the warehouse or the shipment has been notified to the customer. The customer may not refuse the delivery because of minor defects or deviations of peripheral equipment in 2.3.

3.2. "Force majeure" gives Sonolog the option and the right to delay delivery or service by the duration of the hindrance, which Sonolog will inform the customer promptly about by written notice. "Force majeure", in all circumstances which Sonolog is not responsible for and were the delivery of the goods or service has become impossible or unreasonably difficult, as well as to governmental actions of which Sonolog  is also not responsible. Should the hindrance last longer than two months, the customer is entitled to a reasonable extension to resolve the unfulfilled part of the contract if he proves that the outstanding fulfillment of the contract is due to the delay and no longer of interest . Is only a partial fulfillment of a service caused, the customer can withdraw from the contract altogether only if it proves also that the partial fulfillment of the contract for him has no more interest.

3.3. Compliance with the delivery and service obligations by Sonolog requires the timely and proper fulfillment of all contractual obligations by the customer.

3.4. Sonolog is to make partial deliveries and partial services, where this is reasonable for the customer.

 § 4 Prices, Payment Conditions, Delay in Payment, Right of Withholding and Offsetting

4.1. The prices quoted by Sonolog-unless otherwise agreed-are from Sonolog Warehouse excluding freight. If necessary, if payment is delayed after the due date of the invoice, a reminder fee of € 10.00 will be charged and this applies for each following reminder.

4.2. The invoice amounts are due payable within seven days of receipt of invoice without deduction.

4.3. Payment shall be considered made when Sonolog can dispose of the amount. In case of checks, payment is considered made when the check is honored.

4.4. If the customer is in default, Sonolog is entitled to demand from the respective due date an interest of 8 percentage points above the base rate as overall compensation. They may be lowered, if the purchaser proves a lesser charge; proof of a higher damage through Sonolog is permitted.

4.5. If Sonolog becomes aware of circumstances that may question the creditworthiness of the buyer, especially if a check is dishonored or payment suspended as well as any similar circumstances, Sonolog is entitled to serve notice towards the entire due balance, even if they accepted checks. Sonolog in this case is also entitled to demand advance payments or securities.

4.6. To offset, the customer is only entitled of and if his counterclaim has been legally established, undisputed or recognized by Sonolog.

4.7. To assert a retention, the customer is only entitled if his counterclaim has been legally established, undisputed or recognized by Sonolog.

4.8. Payments are to be made only to people with written authorization from Sonolog.

§ 5 Retention of title

5.1. Sonolog retains title to the contract item until all payments under this contract are made. In case of culpable breach of contract by the customer, especially in case of default, Sonolog is entitled to claim and take back the contract item (goods). This does not constitute a cancellation of the contract, unless otherwise agreed upon in writing by Sonolog.

5.2.. The customer is obliged to handle the goods during the period of retention of title - as well as rental and demo equipment - with the utmost care. If maintenance and inspection work is required, the consumer shall have this done regularly at his own cost. With demo and rental equipment to the liability goes to the user.

5.3. The customer is obliged to treat the goods subject to reservation of title with care, protect from shock, impact and mechanical stress and store them in a dust free and dry environment indoors. In addition, the customer is obliged to insure the goods at his own expense against fire, water and theft at replacement value. The customer/consumer of these goods cedes all claims under the insurance contract to Sonolog. Sonolog is entitled to request the production of evidence of the existence of insurance coverage. 

If maintenance is required, the operator shall have this carried this out at his own expense. Pledges, bills and other orders by the contractor shall, as long as we retain ownership, not be permitted.

5.4. In case of seizures or other interventions by third parties, the customer shall immediately give written notice to Sonolog so Sonolog can legally act under § 771 ZPO. If the third party is unable to reimburse Sonolog the judicial and extrajudicial costs of a claim under § 771 ZPO, the customer is liable for the damage caused to Sonolog.

5.5. If the goods are sold subject to retention of a third person, Sonolog is now - due expressly agreed assignment of claims - owner of the contractual claims with all ancillary rights that are owed to the third party. Assign and pledge such claims are subject to the prior approval of Sonolog.

5.6. To sell the retained goods outside the proper business of the client is not authorized. Breach of contract by the buyer - especially arrears - Sonolog is entitled to rescind the contract and demand the reserved goods back.

§ 6 Transfer of risk, transport insurance

6.1. Deliveries by Sonolog are to customer's adress ex warehouse Wehretal.. For delivery without installation, the risk passes to the customer upon delivery. If the delivery/goods can be installed at the customer's address and a one-time introduction is made or has been agreed, to the risk will pass to the customer, even when this is delayed due to the introduction or relocating for reasons of his responsibilty. The due date of the invoice is not inhibited, and depends on 4.2. of these Terms and Conditions.

6.2. If the customer accepts the delivery and operation of a new unit before introduction into operation, the risk from the beginning of use and operation is about to him. Sonolog has no liability in this case.

6.3. In case of shipment to customers and their request, Sonolog will arrange at the contractor's expense and in his favor a transport insurance. The risk is transferred to the contractor when the contract is transferred to the person performing the transport, this shall apply also to transport through Sonolog..

Sonolog and the forwarding agent has to be informed about transport damage immediately in writing.

6.4. If the buyer is a consumer, the risk of accidental loss and accidental deterioration of the goods, goes over to the Customer at-first with the transfer of the goods to the buyer.

6.5. The same applies for the handover if the buyer is in default of acceptance.

§ 7 Warranty

7.1 Warranty claims are not based on insignificant deviations from the agreed quality and software errors. These include in particular variations of peripheral equipment in 2.3.

7..2. If the buyer is also the user, Sonolog will arrange and/or supply reapir or replacement for defective merchandise at its option. If the buyer is a consumer, he has the choice of remedy by repair or replacement. Sonolog is entitled to refuse the type of remedy, if it is possible only at disproportionate cost and the other kind of subsequent performance would be without significant disadvantage to customers.

7.3. If subsequent performance fails, the customer can demand either a reduction of the purchase price (reduction) or cancel the contract (rescission). In a minor breach of contract, particularly for minor defects, the customer has no right to withdraw.

7.4. Customers need to report obvious defects immediately or at least within a period of one week from receipt of goods in writing, otherwise the assertion of the warranty claim is excluded. To comply with the deadline, the sending date is sufficient. The customer bears is responsible of proof for all claims, in particular for the defect itself, the time of discovery of the defect and the timeliness of the complaint

7.5. Customers must report in writing within two weeks of the date on which the non-contractual condition of the goods is established. Decisive for the preservation of the period is the arrival date of the notification at Sonolog. If the customer this information does not inform Sonolog within two months after his discovery of the defect the warranty become null and void. This does not apply to malice of Sonolog. The responsibility of proving the date of discovery of the defect is at the consumer. If the customer was induced by inaccurate or misleading claims or descriptions of the manufacturer to purchase the item he bears responsibility to proof this. For used goods it is the customer's burden of proof for the defectiveness of the goods.

7.6. If the customer due to a legal issue or material defect chooses subsequent withdrawal from the contract, he shall have no claims for damages due to the defect. If the customer chooses compensation after a failed contract, the goods remain with the customer, if it is reasonable. Compensation is limited to the difference between the purchase price and the value of the defective goods. This does not apply if Sonolog caused the breach of contract.

7.7. For customers and entrepeneurs, the warranty period is one year from date of delivery. For consumers, the limitation period is two years from date of delivery. This does not apply if the customer does not have the defect in time (8.3 8.4.. These Terms). For used goods, the customer is entitled to warranty claims only if they are part of the contract.

7.8. If the buyer, as a condition of the goods is in principle only the manufacturer's product description as agreed. Public statements, recommendations or advertising by the manufacturer do not represent  contractual characteristics of the goods

7.9. If the customer receives a defective or flawed product documentation/manual, Sonolog is only responsible for delivery of a faultless product documentation/manual required and then only if the defect of the product documentation/manual precludes the correct use of the equipment.

7.10. When used equipment is delivered by Sonolog, the customer gets a 6 month warranty latent defects in the legal sense. Manufacturer warranties are not affected and are passed by Sonolog fully.

7.11. Warranty of any kind against Sonolog are basically excluded if any component of the system has been modified or replaced without the written consent of Sonolog. This applies also to wearing parts as well as for the case of other unapproved use and/or aforementioned purposes, which differ from the company's usual scope.

7.12. Liability for normal wear and tear. Claims for defects against Sonolog are only to the buyer and not transferable.

§ 8 Liability Limitations

8.1. Within cases of slight negligence, Sonolog's liability limits itself towards the type of goods and on them predictable, typical, direct average damage. This also applies to minor negligence by legal representatives or agents. With regard to companies to the Sonolog is not liable for slightly negligent breach of minor contractual obligations.

8.2. The above limitations do not affect the customer's product liability claims. Further, the limitations of liability do not apply to bodily injury to health or loss of life of customers.

8.3. Claims for damages by the customer due to a defect shall expire one year from date of delivery. This does not apply if Sonolog is guilty of gross negligence or in the event of bodily injury to health or loss of life of customers.

8.4. If operating or maintenance instructions by Sonolog are not followed, modifications of the products are made, parts replaced or materials used that do not meet the original specifications, attributable claims to defects of the products will not be rebutted if the buyer/user cannot provide and prove a substantiated claim that one of these circumstances induced the deficiency .

8.5 For defects and damages on/by used equipment to businesses liability  exists only if they are part of the contract.

8.6 Sonolog refuses to carry any liability whatsoever for the use of hardware and software products that does interfere with copyrights of third parties.

§ 9 spare Parts

If necessary, Sonolog may offer and use tested used parts or offer in its place other functional and practical technical solutions.

§ 10 right of withdrawal

Only if Sonolog are is responsible for a breach of contractual obligations, the customer is entitled under the statutory requirements to a cancellation of the contract. This does not apply in the cases of Section 3.2, Clause 1 and 2 and for defects. In case of defects, the customer is required by the rules in paragraphs 7.1., 7.2. and 7.5. entitled to withdraw in the cases of Section 3.2, Clause 1 and 2, the customer is entitled pursuant to Section 3.2, Clause 3 of the withdrawal.

§ 11 user software

If along with our deliveries user software is available and supplied, it is thereto the perpetual, non-exclusive license granted to use the software on the supplied products, in their original form and for the purposes specified in the product description. A copy of the Software may only be used for backup purposes, so any changes to the software are prohibited. The user fee for the software is included in the purchase price. Updates will be charged separately.

§ 12 Installation and Support

12.1. Installation and services are performed by Sonolog or mediated and performed by specialist companies authorized by Sonolog only.

12.2. Before delivery of equipment, the customer must ensure that the site is easily accessible, given the structural requirements, adequate space, adequate ventilation, suitable flooring for wheels/castors and the weight of the device, adequate soil bearing capacity and the necessary electrical connections which have to be adequately protected against moisture and brine, and shielded from the adjacent rooms from the normal operating noise/emissions/radiation of the device.

12.3. Difficulties in the delivery and installation of equipment can be billed separately, as well as all additional costs that occur when on the day of the agreed delivery and/or installation the conditions referred to in paragraph 12.2 are not provided for.

12.4. Spare parts and repairs that are outside of the warranty must be paid by the customer separately.

12.5. In case a repair estimate is exceeded by up to 8% (of the total), this may be considered regardless and is customary practice. If costs should rise above 8%, Sonolog will have to inform the customer of this and get a new order.

§ 13 WEEE

For disposal of the products supplied by us (WEEE), the customer is responsible. The customer waives disposal in case the statute of limitations. Likewise, by delivery of the respective manufacturer of the product is exempt from the disposal and take-back obligation.

§ 14 Other

14.1. As far as the customer is a merchant, legal entity under public law or public law special fund, Wehretal is the exclusive venue for all disputes arising from the contract, directly or indirectly resulting in disputes.

14.2. The law of the Federal Republic of Germany. The provisions of the UN Sales Convention (CISG) is excluded.

14.3. If any provision of the foregoing terms and conditions be or become invalid, this shall not affect the validity of any other provision