1. Priority and supplementary clause
These terms of delivery apply in addition to the General Terms and Conditions of PHYSIOMED ELEKTROMEDIZIN AG. In the event of any contradictions between these terms of delivery and the General Terms and Conditions of PHYSIOMED ELEKTROMEDIZIN AG, the General Terms and Conditions of PHYSIOMED ELEKTROMEDIZIN AG shall take precedence.
The following conditions apply depending on the agreed service variant in accordance with Section 5 of the General Terms and Conditions.
2. B2B addressee clause
These Terms and Conditions of Delivery apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), merchants within the meaning of the German Commercial Code (HGB), and legal entities under public law and special funds under public law.
3. Requirements for proper delivery
- Paved access roads for transport and delivery of the equipment (very important)
- Sufficient parking spaces, parking permits if necessary
- Continuous parking without time restrictions
- Unobstructed and safe access routes to the training or therapy rooms
- Completed premises
- The premises for the equipment to be delivered must be clear to allow the equipment to be set up in its designated position
- Completed and approved work by drywall installers, painters, and electricians
- Functioning and approved elevators, if elevators are available
- Sufficient power outlets available, network connection also available if necessary
- If rope hoists are to be delivered, the wall condition must be adequate
- Precise information about door and elevator dimensions, steps, landings, edges, etc. The "On-site Inspection Report" must be completed by the customer and available at least 2 weeks before delivery.
- Designation and presence of a responsible person on the customer's side for signing delivery notes, documents, approval of installation hours, etc.
- The floor on which the equipment is to be installed must be suitable for heavy equipment. If the floor condition is not sufficient for the installation of heavy equipment and the customer violates its obligations to cooperate in this respect, we shall only be liable for any damage caused as a result if we have violated essential contractual obligations, as well as in accordance with the statutory provisions in the event of intent and gross negligence; Liability for damages resulting from injury to life, limb, or health remains unaffected.
Otherwise, liability is excluded if the damage is attributable to inadequate ground conditions and the customer is responsible for the breach of duty.
4. Requirements for proper commissioning and IT integration
The instruction and IT integration of the devices can only take place if, in addition to the requirements for delivery, the facility is found to be functional in terms of its technical requirements and equipment:
- The devices must be in their designated position and must not have been moved since delivery.
- No construction site operations in the case of new construction or renovation
- No tradespeople working on the day of installation
- Power supply approved by TÜV/electrician and official building inspection already completed
- For sales with networked LAN components, structured cabling in accordance with EN 50173-1 as specified in the IT checklist and functioning Internet access for the devices
- For IT integration assignments, the availability or presence of the customer's network administrator and the availability of all necessary passwords are required
5. Requirements for proper instruction and training
The instruction and training take place on a working day. This must be taken into account when scheduling.
In order to carry out proper and successful instruction and training, the following requirements must be met:
- The participating therapists must be released from therapy duties and be present throughout.
- The devices must be in their designated position and must not have been moved since delivery.
- There must be no interruptions due to phone calls, patient questions, or questions from tradespeople.
6. Costs in the event of non-performance/termination (transparency and reasonableness)
- If the requirements specified in these terms of delivery are not met on the day of execution, we are entitled to cancel or postpone the work. The customer shall bear the reasonable additional costs incurred as a result (e.g., travel costs, waiting times, additional expenses for renewed travel and scheduling) in accordance with the agreed or usual hourly rates and price lists.
- The customer is entitled to prove that we have incurred no costs at all or significantly lower costs.
- No costs shall be incurred if the reason for the cancellation/postponement originates from our sphere of risk.
7. Postponement costs with < 2 weeks' notice
- If the customer informs us of the need for postponement less than 2 weeks before the planned date, they shall bear the reasonable additional costs incurred as a result (in particular, scheduling costs, third-party cancellation costs, additional travel costs), unless the customer can prove that no damage or significantly less damage has been incurred.
8. IT cooperation and access data
- The customer shall provide the access and information required for integration. Access data/passwords shall only be provided to the extent necessary for integration; responsibility for IT security and data protection shall remain with the customer.
