General Terms and Conditions of Purchase of MedSkin Solutions Dr. Suwelack AG
1. General information
1.1 The following General Terms and Conditions of Purchase (hereinafter referred to as "GPC") shall apply to all contracts relating to the purchase or ordering of goods or services by MedSkin Solutions Dr. Suwelack AG (hereinafter referred to as "MedSkin") from the contractual partner (hereinafter referred to as "Supplier"). They apply irrespective of whether the Supplier manufactures the goods itself or purchases them from suppliers (§§ 433, 650 BGB); they apply only to companies, legal entities under public law or special funds under public law within the meaning of § 310 (1) BGB.
1.2 These GPC shall apply exclusively. Deviating, conflicting or supplementary terms and conditions and/or other restrictions of the Supplier shall not be accepted by MedSkin, unless MedSkin has expressly acknowledged them in writing in individual cases instead of these GPC. This requirement of consent shall apply in any case, for example even if the Supplier refers to its terms and conditions in the order confirmation and MedSkin does not expressly object to them.
1.3 Amendments to these GPC must be made in writing to be effective.
1.4 These GPC in their current version shall apply to current business relations as well as to all future transactions between the Supplier and MedSkin without MedSkin having to refer to them again in each individual case.
2. Orders and commissions
2.1 The Supplier is obliged to accept an order from MedSkin within two (2) weeks after receipt or the deadline set by MedSkin either in writing (order confirmation) or by unconditional provision of the service (delivery). If the Supplier does not accept MedSkin's order within the deadline, MedSkin is entitled to cancel the order free of charge. Framework agreements regulate the general provisions of the contractual relationship. Calls for services on the basis of framework agreements become binding if MedSkin calls for a service under the framework agreement and the Supplier does not object within five (5) working days of receipt. Decisive for the timely acceptance is the receipt of the order confirmation or delivery by MedSkin. A delayed order confirmation or an order confirmation changing the offer shall be deemed a new offer which requires acceptance by MedSkin.
2.2 If the order confirmation deviates from MedSkin's order, acceptance of the service does not constitute consent to the deviation. Deviations require the written consent of MedSkin to be effective.
2.3 Offers are only binding if they are made in writing. Verbal orders or changes to the order are only binding if they are confirmed in writing by MedSkin. MedSkin may also use fax or other electronic data transmission for orders or the retrieval of services. The Supplier shall notify MedSkin of obvious errors (e.g. typing and calculation errors) and incompleteness of the order including the order documents for the purpose of correction or completion before acceptance; otherwise, the contract shall be deemed not concluded.
2.4 Mere price inquiries from MedSkin are subject to change and are only to be understood as an invitation to the Supplier to submit an offer.
2.5 If MedSkin has informed the Supplier about the intended use of the delivery or service, the Supplier is obliged to inform MedSkin immediately if the delivery or service of the Supplier is not suitable to fulfill this intended use. In this case, MedSkin is entitled to withdraw from the contract without having to pay damages.
2.6 Correspondence in connection with an order shall be conducted by the Supplier only with the department of MedSkin that placed the order, stating the order number, order date and other order identifiers.
2.7 The Supplier shall bear the procurement risk for its deliveries and services, unless otherwise agreed in individual cases.
3. Prices
3.1 All prices include statutory value added tax, unless this is shown separately.
3.2 If the Supplier reduces its list prices between the order and the delivery to MedSkin, MedSkin shall be entitled to demand that the price agreed between MedSkin and the Supplier be reduced by this difference.
3.3 Unless otherwise agreed in writing, the price includes delivery and transportation to the delivery address specified in the contract (if no delivery address is specified: to the registered office of MedSkin) including packaging. The Supplier shall take back packaging material upon request.
4. Terms of payment
4.1 Unless expressly agreed otherwise in writing, the agreed prices are payable within 30 calendar days without deductions or within 14 calendar days with a 3% discount on the gross price of the invoice from acceptance of the invoiced delivery or service or, if acceptance is not provided for, from complete delivery and service and receipt of a proper invoice by MedSkin. However, the payment period shall under no circumstances begin before the agreed delivery date. In the case of bank transfer, payment shall be deemed to have been made on time if MedSkin's transfer order is received by MedSkin's bank before the expiry of the payment period; MedSkin shall not be responsible for delays caused by the banks involved in the payment process. A set-off declared by MedSkin is equivalent to payment. Discount deduction is also permitted if MedSkin offsets or withholds payments due to defects.
4.2 MedSkin is entitled to set-off and retention rights to the extent permitted by law. The Supplier's rights of set-off and retention shall only apply if they are undisputed or have been legally established. MedSkin is entitled to reduce invoice amounts by the value of returned goods as well as any expenses and claims for damages. MedSkin is entitled to assign the claims arising from this business relationship without the consent of the Customer.
4.3 The unconditional payment of the invoice amount by MedSkin does not constitute an acknowledgement of the Supplier's performance as being in accordance with the contract.
4.4 Invoices for each individual order must correspond to the order in terms of wording, text sequence and prices and must contain the information specified in section 2.6. Duplicate invoices must be marked as such. Value added tax must be shown separately on the invoice.
4.5 If one of the details specified in clause 2.6 is missing from the invoices and processing is delayed as a result, the payment periods specified in clause 4.1 shall be extended by the period of the delay.
4.6 MedSkin shall not owe any interest on arrears. The claim for payment of default interest remains unaffected. In the event of default of payment, MedSkin shall owe default interest in the amount of 5 percentage points above the base interest rate in accordance with § 247 BGB.
5. Delivery time and delivery time overrun
5.1 Agreed delivery times (delivery dates and deadlines) are fixed dates and binding.
5.2 Early deliveries are only permitted with the written consent of MedSkin. In the absence of such consent, MedSkin is entitled in the event of premature delivery to value the invoice to the prescribed delivery date or to refuse acceptance of the delivery.
5.3 The timeliness of deliveries is determined by the date of receipt at the place of receipt specified by MedSkin, the timeliness of deliveries with installation or assembly as well as other services is determined by their acceptance.
5.4 If the Supplier has reason to believe that it will not be able to fulfill its contractual obligations in whole or in part or not on time, it shall immediately notify MedSkin thereof in writing, stating the reasons and the expected duration of the delay.
5.5 If the Supplier does not perform or does not perform within the agreed delivery time or is in default, MedSkin shall be entitled to the statutory claims against the Supplier without restriction. If the day on which the delivery must be made at the latest can be determined on the basis of the contract, the Supplier shall be in default at the end of this day without the need for a reminder.
5.6 The unconditional acceptance of a delayed delivery or service does not constitute a waiver of the rights to which MedSkin is entitled due to the delay; this applies until full payment of the remuneration owed by MedSkin.
6. Delivery, transfer of risk, place of performance
6.1 Delivery shall be at the expense and risk of the supplier. In the case of deliveries with installation or assembly, the risk shall pass upon acceptance. The statutory provisions of the law on contracts for work and services shall also apply accordingly in the event of an agreed acceptance. In the case of deliveries without installation or assembly, the risk shall pass upon receipt at the place of receipt specified by MedSkin in the order. Even if shipment has been agreed, the risk shall not pass to MedSkin until the goods or services have been handed over to MedSkin at the agreed destination. If a place of destination has not been agreed, delivery shall always be made to MedSkin's place of business. Insofar as an acceptance has been contractually agreed or is required by law, the unconditional acceptance declared by MedSkin does not constitute a waiver of rights, in particular from defective or delayed delivery.
6.2 Unless otherwise agreed, the shipping and packaging costs, insurance, customs duties, fees, taxes and other charges shall be borne by the Supplier. In this case, MedSkin is entitled to give instructions on the mode of transportation, transport company and forwarding agent. Packaging material (returnable containers) shall only be returned by MedSkin if it is recognizable as such by the Supplier's imprint and the return has been agreed. In this case, the Supplier shall collect the packaging material from MedSkin and bear the costs of the return shipment. In the event of late collection, MedSkin shall be entitled to dispose of the packaging material.
6.3 Any additional costs due to non-compliance with shipping or packaging instructions or for any accelerated transportation required to meet a delivery date shall also be borne by the Supplier.
6.4 If the parties have expressly agreed delivery ex works or ex warehouse of the Supplier, shipment shall be made at the lowest possible cost, unless MedSkin has specified a particular mode of transportation.
6.5 The Supplier is not entitled to make partial deliveries and render partial services without the prior written consent of MedSkin.
6.6 The Supplier shall pack the delivery item in a manner customary in the trade. He must pack, label and dispatch hazardous products in accordance with the relevant national or international regulations. In addition to the hazard class, the accompanying documents must also contain the other information specified by the respective transportation regulations.
6.7 MedSkin shall be sent dispatch notes by e-mail or fax at the latest upon dispatch. The Supplier shall enclose a delivery bill with the delivery item, stating the date (issue and dispatch), the contents of the delivery (product name, article number and quantity) and the order information within the meaning of Section 2.5. If the delivery bill is missing or incomplete, MedSkin shall not be responsible for any resulting delays in payment; the payment deadlines specified in Section 4.1 shall be extended by the period of the delay.
6.8 All shipments delivered in violation of the above clause 6.7 sentence 2 shall be stored at the Supplier's expense and risk until the arrival of the documents issued in accordance with the contract. MedSkin is entitled to determine the content and condition of such shipments at the Supplier's expense.
6.9 The Supplier shall provide all evidence (e.g. certificates of origin, safety data sheets, product-specific documentation) required for MedSkin to obtain customs or other benefits.
6.10 MedSkin shall not assume any costs for the insurance of the goods, in particular no costs for forwarding insurance. This shall also apply if insurance has been procured in previous transportation contracts or if the value of the goods exceeds the value specified in No. 21.2 ADSp. This provision does not contain any instruction to the supplier to refrain from taking out insurance.
6.11 If the acceptance is prevented or considerably impeded by circumstances beyond the control of MedSkin, MedSkin is entitled to postpone the acceptance for the duration of these circumstances. Circumstances of the aforementioned kind shall include, in particular, all interventions by public authorities affecting the operation, processing, sale or other use of the goods such as import and export restrictions, natural events such as fire and water damage, shortage of raw materials or means of transportation, operational disruptions such as strikes and work stoppages, interruption or restriction of energy supply as well as all other circumstances that lead to a cessation or significant restriction of MedSkin's production.
7. Spare parts
7.1 The Supplier undertakes to supply spare parts for the period of expected technical use, but for at least ten years after delivery, at reasonable prices and in accordance with the conditions of the respective underlying contract.
7.2 If the Supplier discontinues the delivery of spare parts after expiry of this period, it must inform MedSkin in writing and give MedSkin the opportunity to place a final order. This notification must be made at least 6 months before the last possible order date.
8. Liability for defects
8.1 The supplier shall be liable for ensuring that the deliveries and services are free from material defects and defects of title and that they have the agreed quality. In particular, the Supplier warrants that the deliveries and services comply with recognized technical rules, statutory and official safety regulations and environmental protection regulations applicable in the Federal Republic of Germany or already adopted with a transitional period. Furthermore, the Supplier warrants that it complies with the relevant requirements of the applicable laws, directives, regulations of a national and international nature (e.g. Medical Devices Act, Cosmetics Ordinance, REACH, WEEE, RoHS or national regulations based thereon) in the respective current version and that it fulfills all measures resulting therefrom and, if necessary, proves this accordingly at the request of MedSkin.
8.2 In the event of material defects and defects of title, MedSkin shall be entitled to the statutory claims without restriction, unless otherwise stipulated below. In the event of material defects, MedSkin shall be entitled, at its own discretion, to demand rectification of defects or delivery of a defect-free item from the Supplier. The limitation period for all claims in connection with material defects and defects of title is 2 years from the transfer of risk, unless the statutory provisions provide for a longer limitation period.
8.3 Notwithstanding § 442 para. 1 sentence 2 BGB, MedSkin shall also be entitled to claims for defects without restriction if the defect remained unknown at the time of conclusion of the contract due to gross negligence. Furthermore, MedSkin does not waive claims for defects by acceptance or approval of submitted samples or specimens.
8.4 The statutory provisions (§§ 377, 381 HGB) shall apply to the commercial obligation to inspect and give notice of defects with the following provision: The obligation to inspect shall be limited to defects which become apparent during the incoming goods inspection under external examination including the delivery documents as well as during the MedSkin quality control in the random sampling procedure. If acceptance has been agreed, there is no obligation to inspect. Otherwise, it depends on the extent to which an inspection is indicated in the ordinary course of business, taking into account the circumstances of the individual case. MedSkin's obligation to give notice of defects discovered later remains unaffected. MedSkin shall notify the Supplier of recognizable defects within 5 calendar days after the transfer of risk. Defects not recognizable at this time and/or defects occurring later shall be notified by MedSkin to the Supplier within 14 calendar days after discovery.
8.5 For a rectification of defects, the defective goods shall be made available to the Supplier at MedSkin's discretion at the place where they are located when the defect is discovered or at the place of destination. The Supplier is obliged to collect the goods from there if rectification on site is not possible and then to return them there. The costs incurred for the purpose of inspection and subsequent performance (including any dismantling and installation costs as well as costs for expert opinions to find the cause) shall be borne by the Supplier. The Supplier shall reimburse the costs and other expenses incurred by MedSkin and its customers for the subsequent performance. MedSkin's liability for damages in the event of an unjustified request to remedy defects shall remain unaffected; in this respect, MedSkin shall only be liable if MedSkin has recognized or grossly negligently failed to recognize that there was no defect.
8.6 If the Supplier does not fulfill its obligation to subsequent performance within a reasonable period of time set by MedSkin, MedSkin may have the defect remedied itself and demand reimbursement of the necessary expenses or a corresponding advance payment from the Supplier.
8.7 After a failed attempt at subsequent performance by the Supplier, MedSkin may withdraw from the contract and/or claim damages instead of performance; the Supplier is not entitled to a further attempt at subsequent performance. MedSkin is entitled to the right to withdraw from the contract or to claim damages instead of performance, if the Supplier only partially fails to perform, either with regard to this part or the entire contract.
8.8 Further claims of MedSkin remain unaffected.
8.9 Sections 478, 479 BGB shall apply in the relationship between MedSkin and the Supplier in the case of final delivery of the goods to a consumer.
8.10 With the receipt of MedSkin's written notice of defects by the Supplier, the limitation period for claims for defects is suspended. In the case of replacement delivery and rectification of defects, the limitation period for claims for defects for replaced and repaired parts begins again from this point in time, unless MedSkin had to assume from the Supplier's behavior that the Supplier did not consider itself obliged to take the measure but carried out the replacement delivery or rectification of defects solely as a gesture of goodwill or for comparable reasons.
9. Product liability - Exemption
9.1 In the event that MedSkin is held liable for product liability claims, the Supplier shall be obliged to indemnify MedSkin against such claims if and to the extent that the damage was caused by a defect in the contractual item delivered by the Supplier. In cases of fault-based liability, this shall only apply if the Supplier is at fault. If the cause of the damage lies within the supplier's area of responsibility, the supplier shall bear the burden of proof for its non-culpability in this respect.
9.2 Within the scope of its liability for cases of damage within the meaning of clause 9.1, the Supplier shall also be obliged to reimburse any expenses arising from or in connection with legal proceedings or a recall action carried out.
10. Insurances
The Supplier must provide, at its own expense, a sufficient level of liability insurance cover, including product liability insurance with a minimum blanket cover of €10 million per personal injury or material damage event, and must maintain this insurance cover and submit the insurance policy documents to MedSkin for inspection on first request.
11. Property rights
11.1 The Supplier warrants that all services rendered by it in connection with the performance of the contract - also with regard to their use - do not infringe any third-party property rights within the European Union or in other countries in which the Supplier manufactures the products or has them manufactured.
11.2 The Supplier shall indemnify MedSkin upon first request against all claims of third parties arising in connection with the infringement of property rights pursuant to Section 11.1 and shall reimburse MedSkin for all necessary expenses in connection with the claim. If third parties claim an infringement of rights and the Supplier is not able to prove that this claim is incorrect or that the contractual relationship is not affected by this, MedSkin is entitled to withdraw from the contract and to claim damages instead of performance.
11.3 If, in connection with the execution of the ordered delivery or service, inventions, improvements or other results capable of being protected by intellectual property rights are created at the Supplier according to information, documents or models of MedSkin, the Supplier shall grant MedSkin an irrevocable, free of charge, transferable, sublicensable, non-exclusive right of use and exploitation of these inventions, improvements, results and any corresponding intellectual property rights, unlimited in time, space and content, at the time of their creation, at the latest at the time of their acquisition. The Supplier is obliged to inform MedSkin immediately about such inventions, improvements, results and intellectual property rights.
11.4 If the Supplier has intellectual property rights to the ordered deliveries or services or parts thereof or to processes for their manufacture, these must be notified to MedSkin on request, stating the registration or application number.
12. Principles of quality assurance
12.1 The Supplier must carry out its quality assurance measures in such a way that its products/services correspond in particular to the specifications defined by MedSkin and that it provides each product/service in the agreed quality, at the agreed time, at the agreed place and in the agreed design. To ensure the quality of its products/services, the Supplier shall apply an effective quality assurance system as well as suitable procedures and further develop its QM system in accordance with ISO 9001 or ISO 13485 (the latter only for medical devices).
12.2 If the Supplier intends to subcontract orders or parts of orders, the following points must be observed: Prior information and written approval by MedSkin; the Supplier's quality assurance system ensures that the subcontractor is regularly audited; the Supplier must include all jointly approved subcontractors in its Quality Management System and is fully responsible for the quality of the subcontractor and any consequences thereof. If any of the above points are not met, MedSkin reserves the right to take its own action, which may result in canceling orders for products/services or refusing to accept products/services.
12.3 If the Supplier detects an increase in deviations of the actual quality from the target quality of the Products (quality deterioration), it shall inform MedSkin thereof and about planned remedial measures without undue delay. Prior to changes in manufacturing processes, materials or supplier parts for the products, relocation of production sites, furthermore prior to changes in the procedures or facilities for testing the products or other quality assurance measures, the Supplier shall notify MedSkin in good time and comprehensively so that MedSkin can check whether the changes may have a detrimental effect. If this is the case or if this risk demonstrably exists, MedSkin shall have the right to withdraw from the contract in whole or in part.
12.4 Within the framework of trustful cooperation, the Supplier shall grant MedSkin the right to inspect the relevant production facilities and business premises by an employee at any time in order to verify compliance with quality assurance measures as well as the requirements of cosmetic product or medical device law (if applicable) and product liability law for the products. MedSkin may request the same for the notified body, which has the right to inspect or audit the suppliers as part of the conformity assessment procedure, if there is a corresponding reason, as well as for any competent authority of the supplier.
12.5 The Supplier shall ensure by labeling the products or other suitable measures that it can immediately determine which other products could be affected if a defect occurs in the product. MedSkin shall be informed via its labeling system in such a way that MedSkin can make its own determinations to the extent necessary.
13. Ownership and property protection
13.1 All means of production, such as tools, measuring and testing equipment, devices, models, samples, production facilities, materials, drawings, works standard sheets, print templates, calculations, product descriptions, films, pictures, etc., which MedSkin makes available to the Supplier or which are manufactured for contractual purposes and charged separately to MedSkin by the Supplier, remain the property of MedSkin or become the property of MedSkin, even if they remain in the possession of the Supplier. They must be marked by the Supplier as the property of MedSkin, stored carefully, secured against unauthorized inspection and use, protected against damage of any kind and used only for the purposes of the contract. They may not be reproduced, passed on to third parties or destroyed without the written consent of MedSkin, nor may items produced or services rendered in accordance with the contract.
13.2 The costs of maintenance and repair of the aforementioned items shall be borne equally by the contracting parties, unless otherwise agreed. However, insofar as these costs are attributable to defects of such items manufactured by the Supplier or to improper use or storage by the Supplier, its employees or other vicarious agents, they shall be borne solely by the Supplier. The Supplier shall notify MedSkin immediately of any not only insignificant damage to these items.
13.3 Upon request of MedSkin, the Supplier shall return the items within the meaning of Section 13.1 to MedSkin in full and in proper condition. If the Supplier no longer requires the items within the meaning of Section 13.1 for the further fulfillment of the delivery or service, it shall return them to MedSkin without being requested to do so.
13.4 Material provided by MedSkin shall remain the property of MedSkin and shall be managed by the Supplier free of charge and with the diligence of a prudent businessman separately from other items of the Supplier and marked as MedSkin property. It may only be used for the execution of the order placed by MedSkin. Irrespective of the definition of manufacturer in the regulatory sense, in particular according to any applicable medical device law, any further processing (i.e. processing, mixing or combining) by the Supplier of items provided shall be carried out exclusively for MedSkin. MedSkin shall become the direct owner of the new or transformed items created as a result. If the provided material is processed with other items not belonging to MedSkin, MedSkin shall acquire co-ownership of the new items in the ratio of the value of the provided material (purchase price plus VAT) to the other processed items at the time of processing. The Supplier shall manage the new or remodeled item free of charge for MedSkin with the due care of a prudent businessman under appropriate labeling. These provisions shall apply accordingly to material that the Supplier has acquired from a third party for the fulfillment of the order and has invoiced MedSkin separately. In the event that the material provided is tools, the Supplier is further obliged to insure these at replacement value at its own expense against fire, water and theft damage. At the same time, the Supplier hereby assigns to MedSkin all claims for compensation arising from this insurance. MedSkin hereby accepts this assignment. The Supplier is obliged to carry out any necessary maintenance and inspection work on MedSkin's tools as well as all maintenance and repair work at its own expense in good time and to notify MedSkin immediately of any malfunctions. The Supplier is not entitled to reproduce or duplicate the tools provided by MedSkin without prior consent.
13.5 The transfer of ownership of the goods to MedSkin shall be unconditional and without regard to the payment of the purchase price. If, in individual cases, MedSkin accepts an offer of the Supplier for transfer of ownership conditional on payment of the purchase price, the Supplier's retention of title shall expire at the latest upon payment of the purchase price for the delivered goods. MedSkin remains authorized to resell the goods in the ordinary course of business even before payment of the purchase price with advance assignment of the resulting claim (alternatively validity of the simple retention of title extended to the resale). This excludes all other forms of retention of title, in particular the extended retention of title, the forwarded retention of title and the retention of title extended to further processing.
14. Documents, confidentiality, publications
14.1 The Supplier is obliged to provide MedSkin with all documents and information required for use, assembly, operation and maintenance free of charge.
14.2 The Supplier undertakes to keep secret all information from the business relationship with MedSkin that is not general public knowledge or generally known and not to use it for its own purposes or the purposes of third parties. This shall also apply without restriction after termination of the contractual relationship and also for all employees of the Supplier. After termination of the contractual relationship, the Supplier is obliged to immediately return to MedSkin all documents received from MedSkin in relation to the contractual relationship or to destroy them at MedSkin's request and to confirm the destruction accordingly. The Supplier may only retain copies, transcripts and summaries of these documents insofar as it is legally obliged to retain them.
14.3 The Supplier may only mention the company or trademarks of MedSkin when providing references or in publications such as information and advertising material if MedSkin has given its prior written consent.
15. Data protection, compliance, environmental protection
15.1 All data collected by the Supplier shall only be collected, processed and used insofar as this is necessary for the establishment and execution of the underlying purchase/delivery contract or other agreements between MedSkin and the Supplier.
15.2 The supplier shall ensure that its deliveries and services comply with the principles of the UN Global Impact Initiative, which essentially concern the protection of international human rights, the abolition of forced and child labor, the elimination of discrimination in recruitment and employment and responsibility for the environment (www.unglobalcompact.org). Deliveries and services must also comply with the relevant statutory provisions with regard to safety and environmental protection. CE conformity must be guaranteed.
16. Choice of law and place of jurisdiction
These GPC and all legal relationships between MedSkin and the Supplier shall be governed by the laws of the Federal Republic of Germany to the exclusion of all international and supranational (contractual) legal systems, in particular the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (UN Sales Convention, CISG). The exclusive place of jurisdiction for all disputes arising from the contractual relationship is Hamburg. However, MedSkin is also entitled to sue the Supplier at its general place of jurisdiction.
17. Miscellaneous
17.1 In the event of the occurrence or imminent occurrence of a significant deterioration of the financial circumstances of the Supplier and a thereby jeopardized fulfillment of the services to MedSkin, MedSkin may terminate the underlying contractual relationship without notice. In this case, MedSkin may make use of the facilities available for the continuation of the work or services rendered by the Supplier against reasonable compensation.
17.2 Set-off rights against MedSkin are excluded. This does not apply to claims against MedSkin that are undisputed, legally established or recognized by MedSkin.
17.3 Rights of retention or other rights to refuse performance can only be asserted against MedSkin insofar as they are based on claims of the Supplier from the same contractual relationship.
17.4 The assignment and/or transfer of rights and/or obligations arising from this contract by the Supplier requires the prior written consent of MedSkin. This shall not apply insofar as monetary claims are concerned.
17.5 The Supplier shall not be entitled to have the performance owed by it rendered by third parties without the prior written consent of MedSkin; however, this shall not apply if the Supplier merely acts as a dealer with regard to the ordered goods and MedSkin is aware of this. If the Supplier commissions a third party to perform the service owed by it without the prior consent of MedSkin, MedSkin shall be entitled to withdraw from the contract in whole or in part and to claim damages.
17.6 Legally relevant declarations and notifications by the Supplier in relation to the contract (e.g. setting of deadlines, reminders, withdrawal) must be made in writing. Written form within the meaning of these GPC includes written and text form (e.g. letter, e-mail, fax). Statutory formal requirements and further evidence, in particular in the event of doubts about the legitimacy of the declaring party, shall remain unaffected.
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Status June 2024