§ 1 Offers

Our offers are subject to change and non-binding.

§ 2 Purchase agreement

2.1 The purchase contract is concluded when we confirm the order in writing or carry out the delivery.

2.2 These Terms and Conditions shall apply to all future business relations with the Buyer, even if they are not expressly agreed again. Any deviating terms and conditions of the Buyer which we do not expressly recognize in writing shall not be binding for us, even if we do not expressly object to them.

2.3 With the issue of these General Terms and Conditions of Delivery and Payment, all previous terms and conditions shall become invalid.

2.4 If a significant deterioration in the Buyer's financial and/or liquidity situation occurs after conclusion of the contract, or if such circumstances already existing at the time of conclusion of the contract only become known subsequently, we may withdraw from the contract if the Buyer is not prepared to perform concurrently, provide security or make advance payment despite being requested to do so.

2.5 These terms and conditions apply to our deliveries to merchants if the contract is part of their commercial business, to legal entities under public law and to special funds under public law.

§ 3 Prices

3.1 The Buyer's orders shall be executed in accordance with the price list valid on the day of delivery. Value added tax at the statutory rate shall be added to the prices.

3.2 Domestic deliveries based on orders with a value of € 300.00 or more shall be free domicile, including packaging. In the case of deliveries abroad, seaworthy or other packaging shall only be provided if expressly ordered and shall be borne by the buyer.

3.3 For orders of small quantities (up to € 300.00), we reserve the right to charge a minimum quantity surcharge of € 19.00 per order.

§ 4 Shipping and returns

4.1 The risk shall pass to the Buyer upon dispatch of the delivery, even if partial deliveries are made or if we bear the shipping costs.

4.2 We reserve the right to choose the shipping method.

4.3 Special requests regarding the mode of shipment will be taken into account if possible, against reimbursement of the additional costs.

4.4 With regard to returns, our returns policy applies (stored under www.inresa.com/downloads)

§ 5 Delivery

5.1 Delivery shall be made within 2-3 working days, taking into account the logistical route plan, provided the order is received by 2 pm. If the buyer requests delivery on the next working day or on Saturdays, we reserve the right to charge for this additional logistical effort.

5.2 14 days after exceeding an agreed delivery date, the buyer may request us in writing to deliver within a reasonable period of time. We shall be in default with this reminder. In addition to delivery, the buyer may only demand compensation for damage caused by delay if we, our legal representatives or vicarious agents are guilty of gross negligence or intent.

§ 6 Payment

Payment must be made net without any deductions no later than 30 days after the invoice date. Bills of exchange do not count as payment. If the payment deadline is exceeded, default interest of 8 percentage points above the respective base interest rate shall be charged. Dunning and collection costs shall be borne by the purchaser.

§ 7 Complaints/claims for defects

7.1 Externally recognizable defects must be reported immediately upon receipt of the goods, hidden defects immediately after their discovery.

7.2 All claims due to defects in the delivered goods are limited to credit notes and replacement deliveries. Our liability remains unaffected in the event of injury to life, limb and health as well as under the Product Liability Act and the Medicinal Products Act.

7.3 Returns require our written consent. We reserve the right to destroy unsolicited returned goods at the buyer's expense. The buyer is obliged to enclose a copy of the invoice and proof of delivery when returning faulty goods. Our returns policy applies to returns (deposited under www.inresa.com/downloads)

§ 8 Resale

In Germany, all packs may only be sold unopened. The individual sale of parts of a single package is not permitted. The goods may only be resold or otherwise disposed of in other countries or outside the normal course of business with our prior consent.

§ 9 Retention of title

All deliveries of goods shall remain our property until full payment of all claims or redemption of bills of exchange and checks and until settlement of any current account balance at the expense of the buyer. This also applies to payments by bill of exchange and check. For the duration of our retention of title, the buyer shall bear the full risk of the goods, in particular the risk of loss, accidental loss or accidental deterioration. Despite our reservation of title, the buyer is entitled to resell our goods in the ordinary course of his business as long as he does not suffer financial collapse. However, he is not permitted to pledge the goods, transfer them by way of security or assign them by way of security.

§ 10 Disclaimer and exemption from liability

10.1 Unless otherwise expressly stipulated in the above provisions, we shall only be liable if we, our legal representatives or vicarious agents are guilty of gross negligence or intent or if we culpably breach material contractual obligations or guarantees. Our liability remains unaffected in the event of injury to life, limb and health as well as under the Product Liability Act and the Medicinal Products Act.

10.2 The Buyer shall be responsible for the proper transfer of the goods to the user or end customer and shall ensure the proper use of the goods. This includes, in particular, providing information about the goods and instructions for use. The buyer must also independently ensure that the product is handled and stored properly and that the provisions of the German Medicines Act are complied with.

§ 11 Miscellaneous

11.1 All legal relationships between the purchaser and Inresa Arzneimittel GmbH shall be governed by the law of the Federal Republic of Germany with the exception of the provisions of the UN Convention on Contracts for the International Sale of Goods, the ECG, the EAG and the Hague Convention.

11.2 The place of performance and jurisdiction is Freiburg im Breisgau

11.3 Should a provision in these terms and conditions or a provision within the framework of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.

Status as of 13.07.2023/valid as of 01.08.2023