Terms & Conditions

Sections 2 to 15 of these Terms and Conditions shall apply to all deliveries and services of bluepoint MEDICAL GmbH & Co. KG, hereafter: bluepoint MEDICAL.

2.1 Unless otherwise agreed, terms of payment are 30 days net; payment within seven (7) days with 2% discount.

2.2 In case of deliveries and services of bluepoint MEDICAL to countries outside of Germany, payment shall be made either a) upfront or b) by irrevocable and confirmed letter of a major bank of the Federal Republic of Germany, payable in favor of bluepoint MEDICAL upon presentation of the corresponding documents.

2.4 Offsetting and/or retention of goods claims against bluepoint MEDICAL may only be made with claims which have been determined to be either undisputed or legally valid.

2.5 Retention rights can only be claimed by the ordering party if they cover non-appealable or undisputed demands concerning the same contractual relationship.

3.1 bluepoint MEDICAL operates according to INCOTERMS 2023.

3.2. In absence of a special agreement, costs for shipping and transport shall be borne by the customer. The same shall apply to packaging.

3.3 Even in case of carriage freight-paid delivery, the risk shall pass to the customer at the latest upon dispatch of the supplied parts. This applies also in case of a partial delivery or when bluepoint MEDICAL has performed other services, e.g. delivery and installation.

3.4 If for any reason the shipment becomes impossible without bluepoint MEDICAL being at fault, the risk transfers to the customer with the written notice of readiness for shipping.

3.5 In case bleupoint MEDICAL carries out assembly and commissioning of the supply items in the context of the supply contract, the risk passes to the Customer with the entry into service of the supply items.

4.1 Weight and dimension specifications in brochures and offers are only approximate. bluepoint MEDICAL reserves the right to reasonable deviations of the design from such specifications as well as reasonable design modifications.

4.2 Any reference to technical standards merely constitutes a performance description. The assurance of a characteristic shall only be deemed to exist in the event of a written confirmation by bluepoint MEDICAL.

4.3 Compliance by bluepoint MEDICAL with the periods for delivery and/or services requires that all obligations are fulfilled properly and in due time by the Customer; that all documents, approvals and releases to be furnished by the Customer are received by bluepoint MEDICAL in time, and that other required obligations for deliveries and/or services are met for bluepoint MEDICAL to be able to carry out the designated tasks properly and in due time.

4.4 The delivery period shall be deemed to have been complied with when the delivery item has left the factory.

4.5 The delivery and services period shall be extended appropriately in the event of industrial disputes, in particular strikes, lockouts as well as in case of unforeseeable obstacles that are beyond the will of bluepoint MEDICAL unless the delivery or service becomes impossible as a result. In the event delivery becomes impossible, bluepoint MEDICAL will be released from its liability and obligation to fulfill the contract. In the cases of an extension of the delivery time as well as the release of bluepoint MEDICAL from the liability and obligation to fulfill the contract, the Customer will have no right to claim for compensation, and no right of rescission on account of such reasons.

5.1 The Customer may withdraw from the contract if the entire performance becomes finally impossible for bluepoint MEDICAL before the risk transfer. The same shall apply in case of an inability of bluepoint MEDICAL to perform.

The delivered and/or installed items (goods subject to retention of title) shall remain the property of bluepoint MEDICAL until complete payment of all claims, including future claims, arising from the business relationship with the Customer, irrespective of whatever legal grounds. This also applies to payments made for specially identified claims.

In case of a running account, the retained ownership is deemed as security of bluepoint MEDICAL’s balance claim. Treatment and handling of the retained goods takes place on behalf of bluepoint MEDICAL which is considered as manufacturer in accordance with §950 BGB (German Civil Code), and therefore retaining possession at all times in the processing level of the product. Treatment or processing of goods subject to retention of title shall be carried out on bluepoint MEDICAL’s instructions, however, free of charge and without any obligation on behalf of bluepoint MEDICAL.

In the event of processing, combination or mixing with other goods not belonging to bluepoint MEDICAL, bluepoint MEDICAL is entitled to co-ownership of the new object at the rate of the invoice amount of the goods subject to retention of title related to the invoice amount of other goods already used. Otherwise, the same shall apply to the new item resulting from processing, assemblying or commingling like those goods subject to retention of title. It shall be deemed to be reserved goods within the meaning of these terms and conditions. The same shall apply to articles developed from processing, assembling and commingling like those goods subject to retention of title according to the conditions herein. The authority of bluepoint MEDICAL to collect the assigned claims itself remains unaffected.

Upon request, the Customer shall immediately inform bluepoint MEDICAL in writing to whom the delivery items have been sold, what revenue/claims derive from such sale, and hand over the necessary documents for the collection.

6.3 The customer is only entitled and authorized to resell the reserved goods on the basis of a purchase, work, delivery or other contract, if he has relinquished the property rights of bluepoint MEDICAL until full payment of the delivery items by a third-party purchaser and reserves title to the delivered goods vis-à-vis any such third party until the goods have been paid in full by such third party. The customer shall not be entitled to dispose of the goods subject to retention of title in any other way, in particular by pledging or assigning them as security. Upon request of bluepoint MEDICAL, the customer is obligated to notify his customer of the assignment for payment to bluepoint MEDICAL.

6.4 If the value of the securities existing for bluepoint MEDICAL exceeds its claims by more than 20% in total, bluepoint MEDICAL shall be obliged, at Customer’s demand or any third party prejudiced through bluepoint MEDICAL holding an excess of security to such extent.

6.5 The Customer has to inform bluepoint MEDICAL immediately about any mortgages, confiscation, and other disposal through third parties.

7.1 The Customer has to unpack deliveries immediately after receipt and check the consignment. In the event of transport damage, a damage report must be prepared immediately to secure potential claims against the logistic company (post office, railroad, forwarding agents, etc.). Defects must be reprimanded with bluepoint MEDICAL one week after reception of goods unless the defect or fault concerned is hidden. In case of faulty workmanship, bluepoint MEDICAL is to be informed immediately so that the rectification of the defect can be complied within the legal period of time.

7.2. Should the Customer be prevented to accept the products due to strikes or lockouts, the period of acceptance and for claims shall be adequately extended in accordance with the preceding provision.

8.1 For any defects in the products supplied, including the absence of promised characteristics, bluepoint MEDICAL shall be liable according to the below mentioned conditions.

8.2 The factory warranty is 12 (twelve) months calculated from the date of delivery ex works unless any longer term has been agreed. In derogation of the foregoing, the warranty period for motors of all kinds, pumps, compressors, electrochemical sensors and for parts made of rubber/plastic/glass and ceramics is six (6) months from the day of delivery ex works. The warranty for the delivery items refers exclusively to the absence of defects upon leaving bluepoint MEDICAL, and, in the case of the provision of services, it refers to the absence of defects at the time of their completion or acceptance.

8.3 The customer is obliged to enable bluepoint MEDICAL to carry out the rectification work for the purpose of fulfilling the warranty. On request, the Customer shall send the delivery item to bluepoint MEDICAL or to a workshop to be determined by bluepoint MEDICAL on a case-by-case basis. Should the Customer not comply with this obligation, bluepoint MEDICAL shall be released from any warranty.

8.4 Warranty shall neither apply to defects and/or damage due to normal wear and tear nor to damage caused by inappropriate use, handling errors etc. or circumstances that are not provided for in the contract unless the damage is due to our fault.

8.5 The warranty period will be suspended for the duration of improvement works until successful resolution of the defect.

8.6 bluepoint MEDICAL excludes any warranty claims, including any claims for repair and replacement, with regard to used delivery items, with the exception of repair exchange parts (RAT).

Further rights due to defects that go beyond and/or do not affect the goods against bluepoint MEDICAL and/or its vicarious agents, in particular contractual or non-contractual damage claims, are excluded. This limitation of liability does not apply for intent or gross negligence of bluepoint MEDICAL and/or its vicarious agents.

bluepoint MEDICAL reserves the unrestricted property rights and copyrights to drawings, technical documents and other knowledge-based information. They may not be made accessible to third parties.

In accordance with §26 of the Federal Data Protection Act, bluepoint MEDICAL is allowed to process, use and store Customer’s data received in connection with the business relationship for the own purposes.

Attention is drawn to the observance (for bluepoint MEDICAL and the Customer) of all relevant safety and accident prevention regulations in the corresponding territories. In the event of delivery abroad and if particular safety regulations exist in the Customer’s country, in particular regarding the approval, maintenance and handling of the delivery items, the Customer alone is obliged to comply with these regulations. The Customer shall be obligated to indemnify bluepoint MEDICAL against all from all claims arising from such regulations. The Customer shall be obligated to exempt bluepoint MEDICAL from all claims arising from such regulations.

The Customer shall be obliged to comply with all relevant provisions in his own territory – they could be related to the Medical Device Regulations (MDR), MDSAP, and FDA. The Customer will immediately notify bluepoint MEDICAL about adverse events or incidents related to the delivered goods.

14.1 Place of jurisdiction for all disputes with general merchants in terms of the German Commerce Code (Handelsgesetzbuch, HGB), with corporate bodies under public right and/or public law separate estates shall be Schwerin. However, bluepoint MEDICAL is entitled, at its own discretion, to take recourse to the competent place of jurisdiction at the Customer’s place of residence.

14.2 The law of the Federal Republic of Germany shall apply. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.

Variations of these business terms need to be addressed by the Customer in writing at all times and need under all circumstances the written confirmation/approval of bluepoint MEDICAL to come into force. Should several regulations of these business terms be ineffective or become ineffective, the validity of the remaining regulations remains intact.