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Impression post 3.2mm SDS1.1


SDS Dentalhandels GmbH & Co. KG
General Terms & Conditions
§1 Applicability
   1.These General Terms & Conditions apply to all business relationships between SDS Swiss Dental Solutions AG, Post Box 232, Landstrasse 30, FL-9494 Schaan (hereinafter SDS) and the purchasers of SDS products/merchandise (hereinafter Customers) in the version current at the time a contract is concluded.
   2.The Terms & Conditions apply solely to enterprises within the meaning of the German Civil Code, and therefore to natural and juridical persons or legally recognized partnerships that associate with SDS in the course of conducting commercial or independent professional activity. SDS does not sell directly to consumers. SDS products are not suited for private use.
   3.These General Terms & Conditions apply exclusively. Any provisions provided by the Customer which conflict with or diverge from our Terms & Conditions shall not be recognized, unless SDS has explicitly agreed to such an individual case in writing.
§2 Formation of Contract
   1.The sale of merchandise shall occur in quantities customary for use in professional practice. The (product-) offerings from SDS that appear online, in prospectuses, informational brochures or other platforms do not represent actual offers but rather non-binding invitations to order merchandise/products from SDS.
   2.In placing an order by fax, via the SDS online shop or by other means, the Customer submits to a binding offer to conclude a purchase contract for the merchandise ordered. SDS is authorized to accept this offer within a reasonable period by forwarding an order confirmation, by sending the merchandise ordered to the Customer within this same period or by declaring acceptance either verbally or by phone. Acceptance of the offer constitutes formation of contract. SDS is at liberty to accept or reject the offer to purchase. Where no order confirmation is produced nor merchandise delivered, the offer is to be considered as rejected. Order confirmations received by the Customer do not constitute formation of contract and instead serve only to inform the Customer that their order has been received. Should the need arise, SDS shall provide separate notification to the Customer regarding any erroneous information provided about the range of merchandise and present a suitable counteroffer.
§3 Advance Payment
For orders valued in excess of EUR 3.000, plus currently applicable VAT, SDS retains the right to demand payment of the full purchase price in advance, i.e. prior to delivery of the merchandise. Pre-payments may also be required if the purchaser has accounts still outstanding with SDS from prior orders. The order shall be processed following receipt of payment.
§4 Delivery, Shipping Costs
   1.SDS will promptly deliver merchandise ordered by the Customer to the address provided by the Customer at the time the order was submitted. SDS is authorized to provide partial deliveries.
   2.The Customer shall bear the costs for shipment. Please note that shipments abroad may incur additional shipping costs, customs duties, fees or similar charges. These charges shall also be borne by the Customer. If the Customer requests a special form of shipment that incurs additional charges, these charges shall also be borne by the Customer.
   3.The risk of accidental destruction and accidental deterioration of purchased merchandise is transferred to the Customer at the point at which SDS has delivered or presented the merchandise to the shipper, carrier or other person or institution tasked with implementing or carrying out delivery. Any information that may be provided regarding an estimated time of delivery is non-binding where SDS has not provided the Customer with specific binding assurance in writing.
§5 Retention of Title
SDS retains title to any merchandise delivered until such time as all claims against the Customer have been satisfied in full.
§6 Maturity, Payment, Offsets
   1.SDS accepts only those means of payment indicated to the Customer at the time an order is placed.
   2.With respect to payment on invoice, the Customer is obligated to satisfy payment within 14 days of receipt of merchandise. With respect to pre-payments, the Customer is obligated to satisfy payment promptly upon formation of contract.
   3.Should the Customer be in arrears, he shall be held accountable for any negligence occurring during this time. He shall also be liable for performance in the event of accident, excepting where damage would have occurred even upon punctual payment.
   4.Interest shall be charged on the purchase price during such a period of default. The annual interest rate on default shall amount to eight percentage points (8 %) above the current base rate.
   5.SDS’s right to assert higher claims for damage remains thereby unaffected.
   6.The Customer is only entitled to offset claims if and insofar as his counterclaims are legally valid, uncontested or have been recognized by SDS.
§7 Prices
The price for merchandise being purchased as indicated in the respective offer shall be understood to be the final price, including any VAT potentially accruing and other price components. Deductions for bonuses, cash discounts or rebates are excluded. The price does not include charges for delivery or shipment.
§8 Rescission
SDS is also authorized to withdraw from a contract with respect to portions of delivery or performance still outstanding where the Customer has provided false information regarding credit worthiness or where objective grounds arise for assuming Customer insolvency (such as, for example, the initiation of insolvency proceedings against the Customer’s assets or the dismissal of such proceedings due to insufficient assets to cover costs). Prior to such withdrawal, the Customer shall be granted the opportunity to provide pre-payment or a suitable security. Notwithstanding any other claims for damage, in the event of a partial withdrawal any services already rendered shall be invoiced and paid according to contract.
§9 Warranty
   1.The Customer shall promptly inspect any merchandise delivered for deviations in terms of quality and quantity and promptly notify SDS in writing of any discernible defects; otherwise the right to exercise a warranty claim is excluded.
   2.With respect to defects, SDS shall comply with its warranty obligations by providing for improvement or replacement in a manner of its choosing.
   3.The warranty provisions applicable according to the laws of Liechtenstein shall apply, with a 6-month warranty period for moveable objects.
§10 Exclusion of Liability / Limitations on Liability
   1.SDS shall not be liable for defects resulting from the improper use of its products or for errors in their application or use, ignoring recommended indications, in particular any related, foreseeable improper/excessive strain that may result in damage to or loss of an implant. Instructions for use supplied with SDS products must be followed strictly. There shall be no defrayment of costs, such as for professional fees or prosthetic care, incurred as a consequence of defects as described above. SDS may agree to provide replacement in the event of implant loss (no osseointegration, no primary stability, fracture due to verifiable product defect), but not for any costs that may thereby arise in the way of professional fees and prosthetic care/suprastructure. Any eventual cost sharing by SDS shall be agreed to on a case-by-case basis in cooperation with the Customer following review by quality management.
   2.SDS shall be liable for damages other than loss of life, bodily injury and impairment of health only insofar as such damages occur as a result of gross negligence or intentional act or culpable breach of a major contractual obligation committed by SDS or one of its agents. A major contractual obligation is an obligation on which the Customer may duly rely. Any liability for claims above and beyond this is hereby excluded. Claims arising from any warranty provided by SDS with respect to the condition of purchased merchandise and product liability law remain thereby unaffected.
   3.Insofar as SDS provides technical information or consultancy services and where such information and/or services are not part of the scope of services owed by SDS as set down by contract, these shall be provided gratuitously and under exclusion of any and all liability.
   4.Under the current state of the art, it cannot be guaranteed that data transmitted via the internet can be communicated without error and/or be accessible at all times. SDS shall therefore bear no liability for failing to ensure the constant availability of its Online Shop.
§11 Address
Lohnerhofstr. 2, D-78467 Konstanz, Fax: + 49 7531 9413985
§12 Applicable Laws, Place of Jurisdiction
All disputes arising from this legal relationship are subject to the laws of Liechtenstein.
If the purchaser is a registered businessperson or legal entity under public law, the exclusive place of jurisdiction for all disputes arising from this agreement are the registered offices of SDS.
§ 13 Severability Clause
Should any provision contained in these Terms & Conditions be or be found to be invalid or unenforceable, the remaining provisions remain thereby unaffected, excepting where the omission of individual clauses places such undue hardship on a contracting party that adherence to the contract constitutes an unreasonable burden.
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