Sales policy

Dated: 30.06.2003
1. General
The following general conditions of business apply to all contracts, deliveries and other services. Provisions of the contract partner which deviate from our business conditions are hereby expressly contradicted. All ancillary agreements must be confirmed in writing by us.

The AMS - Advanced Medical Systems Ltd. (hereafter referred to as "AMS") is entitled to change or augment these general business conditions, including all applicable supplementary documents, at any time by observing a suitable period of notice. Orders received prior to these changes will be processed according to the previously valid general business conditions.

2. Quotation
Our quotations are non-binding offers. Small variations and technical changes to our illustrations or specifications are possible.

3. Delivery and payment
The delivery and payment conditions of AMS are described in more detail on the order form. There are no minimum ordering quantities. Our prices are net prices. We reserve the right to make partial deliveries should this appear to be advantageous for quick processing of the order.

4. Delivery times
Goods which are in stock (we accept no responsibility for transport problems) will be shipped within a max. of 3 days. Should the goods not be available from stock, we will do our best to deliver as soon as possible. Should the reason for not keeping a delivery or service deadline be beyond our control due, for example, to an act of God, strike or lockout or other unforeseen obstacle, then the shipping date will be extended correspondingly. In the case of failure to meet the delivery date for reasons other than those mentioned above, then the customer is entitled to set an appropriate additional period of time coupled with a threat of rejection in writing and after the unsuccessful expiration of the latter to withdraw from the specific items in the contract or the complete contract. Should the impossibility of performance be caused by the incapability of the manufacturer or our supplier, then both we and the customer are entitled to withdraw from the contract provided that the agreed delivery date has been exceeded by more than 2 months. Claims for compensation for costs caused by the delay, impossibility and/or inability to fulfil as well as those arising during the period up to the withdrawal from the contract are excluded provided that an authorised representative of the AMS company has not acted with intentional or gross negligence.

5. Right to return goods
We guarantee the right to return unused goods within 14 days. This can be complied with by returning the goods in good time (from date of invoice). We only accept the return of goods which are post paid. Furthermore, we have extended the right to return products with the article-nos. 101 - 106 to 90 days.
The right to return goods does not apply to products with reduced price or during special sales promotions

6. Transfer of risk
The risk is passed to the customer when the goods are dispatched by AMS.

7. Guarantee and liability
AMS guarantees that the goods are free from material and manufacturing faults at the time of transfer of risk to the customer and also have the technical characteristics guaranteed in the contract.
On receipt of the goods, it is the responsibility of the customer to examine them for defects and general condition without delay. In the case of obvious defects, these must be reported to us in writing within 10 days after discovery, the same applies to concealed defects. Failure to do this will result in the guarantee being invalidated for these defects. The guarantee period is 24 months from the date of delivery. In the case of complaints, the date of purchase must be substantiated with an invoice. The article which is the cause of the complaint together with a copy of the invoice must be returned post paid to us.
The guarantee does not apply to normal wear and tear. The guarantee becomes invalid when the customer modifies the goods supplied.
During the guarantee period, AMS is entitled to make improvements without charge. A partial or complete exchange of the article is also permissible.
Should defects not be corrected within an appropriate period, then the purchaser has the right to rescission or price reduction. Paragraph § 476a of the BGB (German Code of Civil Law) is applicable here.

8. Exclusion of liability
The use of the products offered is at the risk of the purchaser. The products does not replace in any way the examination by a doctor or non-medical practitioner.

9. Reservation of ownership
The goods remain the property of the AMS company until they are fully paid for.

10. Data security
We hereby inform you that in accordance with paragraph § 28 of the German Data Security Law (BDSG), the processing of an order involves the storing and handling of the necessary data in EDP equipment in line with paragraph § 33 (BDSG). Of course personal data will be treated confidentially and never made available to a third party.

11. Applicable jurisdiction
In the case of litigation, German law with the exclusion of the UN purchasing rights is applicable even when the order comes from abroad or the goods are delivered abroad.

AMS GmbH Magnetotherapy
Tannenweg 9, 97941 Tauberbischofsheim, Germany
+49 - (0) 9341 - 929300