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Terms and Conditions for Purchases
By signing this purchase agreement (doing this online order), you, the BUYER, accept all conditions and details of this order in our online shop and the paragraphs below. The BUYER confirms that they have carefully read the product description. There will be no additional contract. The BUYER also confirms that they will not use the product privately. There is no right to withdraw this contract. All REALISTS products are not made for use in the medical treatment of humans.
2. The payment conditions for this purchase are a 100% upfront payment. The currency of the invoice will be EUR unless otherwise agreed. If the purchase price stated on the invoice is not paid on time, REALISTS reserves the right to increase the prices or cancel this order.
3. By giving notice to the BUYER at any time before delivery, REALISTS reserves the right to increase the price of the goods and services to reflect any significant increase in the cost to REALISTS which is due to any factor beyond the control of REALISTS (such as without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, pandemic problems or regulations, significant increase in the costs of materials or other expenses out of control of REALISTS), any change in delivery dates, quantities or specifications for the goods which the BUYER requests, or any delay caused by any instructions of the BUYER or failure of the BUYER to give REALISTS adequate information or instructions).
4. Upon delivery, the BUYER shall immediately check quantities and packaging conditions and record any objections and/or product damages by notice or digital pictures and explanation to REALISTS.
5. REALISTS warrants that all items delivered under this agreement will be free from material and craftsmanship defects and in compliance with applicable specifications.
6. REALISTS’s warranties for cartridges and other goods for single use shall extend to any defect or non-conformity which occurs or manifests itself within six months after delivery and twelve months for base stations and imaging systems. For items that do not conform to these warranties, the BUYER, without waiving any rights or remedies provided by law and/or elsewhere under this agreement, may require REALISTS to correct or replace such items at REALISTS’s risk and expenses or to refund such portion of the price as is equitable under the circumstances. For all OEMs (e.g. laptops, cameras, etc.), REALISTS’s warranty is limited to the warranty provided by the manufacturer. During the warranty period, REALISTS also obligates itself to fix software problems by providing free updates. Five years after delivery, REALISTS will no longer be obligated to provide updates for software. If the BUYER has rented goods of this order, the renting will proportionally reduce the warranty period.
7. The BUYER loses his warranty rights if advised inspections or maintenance are not carried out or if the BUYER disregards instructions and directions for proper use and storage of the goods documented in the Instruction Manual. The warranty shall also expire if the goods are being manipulated (e.g., unauthorized software installation) by the BUYER.
8. REALISTS is obligated at its own expense to repair and return to the BUYER or replace such product within 50 days of receipt. If unable to repair or replace such product in accordance with the requirements of the relevant specifications, REALISTS, must, upon the BUYER’s request, accept the return of such product, and provide fair compensation. Instead of terminating the contract, the BUYER shall have the right to demand a reduction of the purchase price.
9. The ownership of the goods remains with REALISTS until the BUYER fully pays for all goods.. REALISTS shall retain the ownership of the delivered goods until the BUYER has settled all claims arising from the business relationship. Until the ownership of the goods has passed to the BUYER:
• REALISTS shall have the absolute authority to retake, sell or otherwise deal with or dispose of all or any part of the goods.
• For the purpose specified above, REALISTS or any of its agents or authorized persons shall have the right to enter any premises at any time without notice where the goods or any parts of the goods are installed, stored, kept, or reasonably believed to be located. REALISTS shall be entitled to seek a court injunction to prevent the BUYER from selling, transferring, or otherwise disposing of the goods.
10. Notwithstanding the above, risk in the goods shall pass to the BUYER upon delivery, and until the ownership of the goods has passed to the BUYER, the BUYER shall insure such goods at replacement value.
11. If the BUYER breaches this agreement, especially by defaulting on payment, the BUYER shall promptly return to REALISTS all goods under retention of title upon request.
12. If the BUYER requests any additional transport insurance, this will be provided at the BUYER’s expense. REALISTS will commission a delivery carrier as a subcontractor or a local authorized DEALER. The carrier selected by REALISTS shall have standard insurance to protect the goods handed over by REALISTS against any damage and loss. Delivery in this context means that REALISTS must place the goods at the BUYER’s disposal at a named delivery place.
13. REALISTS shall deliver under the items Incoterms 2020 ex work from REALISTS plant in Leipzig, Germany.
14. This agreement shall be governed by and construed in accordance with German law. German law shall apply. The UN Convention on the International Sale of Goods (CISG) shall not apply.
15. The place of jurisdiction shall be Leipzig (Germany). However, we may also select a different place of jurisdiction as it may appear appropriate. The invalidity of one or more regulations of this agreement shall not affect the validity of the contract. In the event of invalidity of one or more regulations of this agreement, the parties shall agree on a legally effective substitute regulation, which will be as similar as possible to the invalid regulation.