General Terms and Conditions of Sale of the dental technician craft

dated 27 January 2003, (German Federal Gazette No. 25 dated 6 February 2003, P. 2133)

1 General information

The VDZI (German Dental Technicians' Guilds) recommends that the practices of its members apply the following general terms and conditions of sale of the dental technician craft for business transactions with their customers. The practice is also free to make deviating regulations.

Orders for dental-related services are to be performed according to the general terms and conditions of sale of the dental technician. The General Terms and Conditions of Sale are valid for the entire duration of the business relationship, also when payment is made by a third party. Deviating conditions must be confirmed in writing by the contractor. If individual provisions of the General Terms and Conditions of Sale become invalid, then the rest shall remain binding.

2 Prices

2.1 The dental-related services will be billed at the prices valid on the day of delivery according to the individual price list of the lab.

2.2 Quotes are based on the individual price lists of the lab valid on their date of issue. They take into consideration only predictable expenses and are only binding if made in writing. Changes of the prices for materials to be billed extra (precious metal, etc.) will at any case result in a change of the quote.

3 Delivery period

Delivery periods are indicated to the best of our ability. In the event that the delivery period is exceeded the client is only entitled to withdraw from the contract or to claim for compensation if the contractor is in default of performance or if the contract can no longer be fulfilled.

5 Liability

5.1 The client must inspect the work immediately upon receipt and make sure that the work is correct and complete. Complaints are to be reported immediately in writing by the client. The client must make the work model available for subsequent improvement and/or replacement delivery. In the event that the fit of the model is not exact, then the complaint must be made within 10 workdays upon receipt of the work and the primary model sent back to us; new models or elastic impressions are to be supplied with the shipment and/or immediately thereafter. These regulations only apply to apparent defects.

5.2 Compensations of defects are limited to the right of eliminating the defect or delivery of a defect-free object; the entitlement of the decision regarding the type of compensation of defects remains with the contractor. In the event that the contractor fails to eliminate the defect or to deliver a defect-free object, then the client has the right to reduce the amount of remuneration or to withdraw from the contract.

5.3 Claims of compensation are excluded, insofar as they are not based on gross negligent contractual breach of the contractor or intentional or grossly negligent contractual breach of a legal representative or vicarious agent of the contractor. This does not apply to injury to life, limb or health.

6 Work documents

All works are manufactured with great care. The contractor however does not have any influence on the quality of the models and elastic impressions sent in. These documents are decisive for the fit in the mouth. Work documents that appear to be defective can therefore be sent back after consultation and mutual agreement with the client. The client is in any case responsible for the consequences of faulty models and elastic impressions.

7 Material and equipment partial position

Materials (precious metal, teeth, etc.) or accessory parts (finished parts, e.g. attachments, joints, etc.) supplied by the client can be charged with a commercial processing fee. The customer will be charged in full for unsuccessful work resulting from faulty materials or accessory parts delivered by the client. The contractor shall be liable for storing the materials or accessory parts delivered by the client as carefully as if the items were his own.

8 Payment

8.1 The invoices are to be paid within 10 – 14 days upon receipt of the invoice. In the event of default of payment default interest to the amount of 5 percentage points above the base interest rate (Sec. 247 German Civil Code) may be charged to the consumer for legal transactions in which the consumer is involved. (Sec. 288 Para. 1 German Civil Code) or 8 percentage points above the base interest rate (Sec. 247 German Civil Code) may be charged for transactions in which no consumer is involved.

8.2 The client may only offset payment claims of the contractor with undisputed or legally binding claims.

9 Retention of title

9.1 The title is retained on all work from the business relationship delivered up to complete payment of all claims, also of ancillary claims.

9.2 With awarding of the contract the client herewith assigns to the contractor claims which he has acquired while exercising his profession to the amount of the entire laboratory order.

10 Place of performance and jurisdiction

10.1 Place of performance for delivery and payment is the business address of the laboratory.

10.2 Place of jurisdiction is the business address of the laboratory insofar as
a) the party to be pursued in litigation has relocated its business address or usual location outside the territory of the Federal Republic of Germany following conclusion of the contract or if its place of business or usual location is unknown at the time of opening of proceedings,
b) claims are asserted by means of a dunning procedure.