Trade conditions
1. Parties and Application
Seller: BIBAWO Medical A/S
Address: Klintehøj Vænge 6, 3460 Birkerød, Denmark
CVR No (unique company number in Danish registration system).: 40931937
Phone: +45 70223015
Email: info@hydrozid.eu
These sales and delivery terms apply to all purchases of goods and services from BIBAWO Medical A/S, unless otherwise agreed in writing between the parties. The sales and delivery terms apply exclusively to sales to businesses.
2. Offers and Orders
Offers from BIBAWO Medical A/S are only binding when the buyer has received a written order confirmation, which includes prices. A purchase agreement is only concluded when the buyer has received the order confirmation.
3. Prices and Payment Terms
All prices are exclusive of VAT and other charges. Payment must be made by payment card, MobilePay, or bank transfer within 30 days from the invoice date, unless otherwise agreed.
BIBAWO Medical A/S reserves the right to change prices due to changes in raw material prices or other factors beyond the company’s control.
In the event of late payment, interest of 2% per month will be charged.
4. Delivery, Inspection Obligation, and Retention of Title
Delivery takes place at the agreed delivery location according to the specifications stated in the order confirmation. BIBAWO Medical A/S charges a delivery fee of DKK 39,00 or the equivalent in Euros for deliveries of one unit. Purchases of two or more units, BIBAWO Medical A/S will handle the delivery fee.
The buyer is obliged to inspect the goods immediately upon receipt and must report any visible defects within 14 days. Hidden defects, which cannot be discovered through normal inspection, must be reported within 6 months from the delivery date.
Ownership remains with BIBAWO Medical A/S until full payment is received.
5. Order Cancellation
Orders can only be canceled with the written consent of BIBAWO Medical A/S. Any costs associated with the cancellation are borne by the buyer. Cancellation must be made no later than 10 working days before the planned delivery. Cancellations received later than this will not be accepted, and the buyer is obligated to pay for the agreed goods.
6. Delay
If BIBAWO Medical A/S cannot deliver within the agreed time, the buyer will be notified, and a new delivery time will be agreed upon. The buyer may cancel the agreement if the delay exceeds 30 days. No further claims can be made in connection with the delay.
7. Defects (Errors in the Goods) and Complaints
Complaints regarding defects must be made in writing within 24 months from the delivery date. If a timely complaint is made, BIBAWO Medical A/S has the right to rectify the defect or make a replacement at its discretion.
8. Warranties
BIBAWO Medical A/S provides no further warranties beyond what is agreed in writing. The buyer assumes any manufacturer warranties that may accompany the products. However, this does not affect the buyer’s statutory rights under Danish law.
9. Liability for Defective Goods and Delayed Delivery
The buyer may request a full refund of their purchase in the event of late delivery (after the 30 days mentioned in point 6) or defective goods. The refund only covers the amount paid by the buyer for the goods. BIBAWO Medical A/S is not liable for indirect losses, such as loss of operations, lost profits, or other consequential losses.
10. Product Liability
Product liability is governed by the Danish Product Liability Act. However, BIBAWO Medical A/S disclaims any product liability in relation to the buyer, which does not arise from mandatory legislation.
11. Intellectual Property Rights
11.1 Ownership. The full ownership of all intellectual property rights related to products, spare parts, and associated services, including patents, designs, trademarks, and copyrights, belongs to BIBAWO Medical A/S.
11.2 Infringement. If delivered products or spare parts infringe on third-party intellectual property rights, BIBAWO Medical A/S shall, at its own expense: (i) ensure the customer’s right to continue using the infringing products or spare parts, (ii) modify the infringing products or spare parts so that they no longer infringe, (iii) replace the infringing products or spare parts with non-infringing alternatives, or (iv) repurchase the infringing products or spare parts at the original net purchase price, with a deduction of 10% per year since delivery. The customer has no further rights in the event of infringement of third-party intellectual property rights concerning products, spare parts, or associated services.
12. Confidentiality
12.1 Disclosure and Use. The customer must not disclose or use, or enable others to use, BIBAWO Medical A/S’ trade secrets or other information of any kind that is not publicly available.
12.2 Protection. The customer must not improperly acquire or attempt to acquire knowledge of or access to BIBAWO Medical A/S’ confidential information as described in section 12.1. The customer must handle and store the information responsibly to prevent it from being accidentally disclosed to others.
12.3 Duration. The customer’s obligations under sections 12.1–12.2 apply during the parties’ trade relationship and for an unlimited period after the end of the trade relationship, regardless of the reason for its termination.
13. Processing of Personal Data
13.1 Processing. BIBAWO Medical A/S processes personal data in accordance with the General Data Protection Regulation (GDPR) and the Danish Data Protection Act. Information about the customer’s name, email, phone number, etc., is used solely in connection with the customer’s order and communication with the customer.
13.2 Rights of the Data Subject. BIBAWO Medical A/S complies with the rights of the data subject (including the right to access, rectification, erasure, restriction of processing, objection, data portability, complaint, and the right not to be subject to a decision based solely on automated processing, including profiling).
13.3 Storage and Disclosure. BIBAWO Medical A/S stores information as long as necessary for the purpose for which the data is processed. BIBAWO Medical A/S neither discloses, sells, nor transfers information to third parties unless the customer has given consent.
13.4 Contact. If the customer wishes to know which data is being processed or requests the deletion or correction of data, the customer may contact BIBAWO Medical A/S at info@hydrozid.eu.
14. Data and Marketing
BIBAWO Medical A/S processes the buyer’s data in accordance with applicable legislation and the company’s privacy policy. The buyer’s data may be used for marketing purposes if the buyer has given consent.
15. Force Majeure
BIBAWO Medical A/S is not liable for failure to fulfill its obligations if this is due to circumstances beyond the company’s control, including, but not limited to, strikes, lockouts, natural disasters, war, pandemics, or similar.
16. Changes to Terms and Prices
BIBAWO Medical A/S reserves the right to change terms and prices with 30 days’ notice. However, changes will not affect already concluded agreements.
17. Governing Law and Venue
Any dispute between the parties shall be settled under Danish law. The CISG (United Nations Convention on Contracts for the International Sale of Goods) is excluded. Disputes will be resolved at the Court of Lyngby.
