ATMOS MedizinTechnik GmbH & Co. KG
in Lenzkirch HRA 320387,
Purchase-tax-ID-No. DE 142504272
Represented by the personal liable participator ATMOS MedizinTechnik
Beteiligungs GmbH, Ludwig-Kegel-Straße 16, 79853 Lenzkirch, GERMANY
Managing Director & Managing Partner:
Maik Greiser, Frank Greiser
Tel: +49 7653 689 - 0
Fax: +49 7653 689 - 190
This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States . Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage.
Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google.
We, ATMOS MedizinTechnik GmbH & Co. KG and our subsidiary companies (hereinafter ATMOS) thank you for visiting our homepage. As a responsible company, the secure handling of your data is particularly important to us. Therefore we would like to inform you in detail about the use of your data when visiting our website.
used by the European Directive and Regulatory Authority in the adoption of the
read and understand for the public as well as for our customers and business
partners. To ensure this, we would like to explain in advance the terminology
We use the
- Personal data: Personal data means any information relating to an identified or identifiable natural person (‘data subject’). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or one or more factors, specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
- Data subject: A data subject is any identified or identifiable natural person whose personal data is processed by the controller.
- Processing: Processing means any operation or set of operations which is performed on personal data, whetheror not by automated means, such as collection, recording, organization, structuring, storage adoption or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- Restriction of processing: Means the marking of stored personal data with the aim of limiting their processing in the future.
- Profiling: Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movement.
- Pseudonymisation: Pseudonymisation means the processing of personal data in such a manner that the personal data can no longebe attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that: The personal data are not attributed to an identified or identifiable natural person.
- Controller or the official responsible: The controller or the official responsible is the natural or legal person, public authority, agency or body which, alone or jointly with others, decides on the purposes and means of processing personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
- Processor: A processor is a natural or legal person, public authority, agency or body that processes personal data on behalf of the controller.
- Recipient: Recipient is a natural or legal person, public authority, agency or another body to which personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
- Third party: Third party means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor are authorized to process personal data.
- Consent: Consent of the data subject means any freely given, specific informed and unambiguous indication of the data subject`s wishes by which he or she by a statement or a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Collection of data
The ATMOS website acquires a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the log files of the server. The following can be recorded
a) the used browser types and versions,
b) the operating system used by the accessing system,
c) the website, from which an accessing system can be found on our website (so-called referrer),
d) the sub-websites, which are accessed via an accessing system on our website,
e) the date and time of access to the website,
f) an internet protocol address (IP address),
g) the internet service provider of the accessing system and
h) other similar data and information used in the event of attacks on our information technology systems.
When using this general data and information, ATMOS does not draw any conclusions regarding the data subject. Rather, this information is needed to
a) deliver the contents of our website correctly,
b) optimize the content of our website as well as the advertising for it,
c) ensure the permanent functioning of our information technology systems and the technology of our website, as well as
d) providing law enforcement authorities with the necessary information for law enforcement in the event of a cyber-attack.
Therefore, this anonymously collected data and information will be evaluated by ATMOS on the one hand statistically and furthermore with the aim of increasing data protection and data security in our company in order to ultimately ensure the best possible level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
3. Legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision
We clarify that the provision of personal information is, in part required by law (such as tax regulations) or may result from contractual arrangements (such as details on the contractual partner). Occasionally it may be necessary to conclude a contract where a data subject provides us with personal data which must be subsequently processed by us. For example, the data subject is required to provide us with personal information when our company enters into a contract with that person. Failure to provide the personal data would mean that the contract with the person concerned could not be closed. Prior to the data subject providing personal data, the data subject must contact our data protection officer. Our data protection officer will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or if it is required for the conclusion of the contract, if there is an obligation to provide the personal data and what would be the consequences of the failure to provide the personal data.
4. Use of data when registering for the e-mail newsletter
On the ATMOS website users are given the opportunity to subscribe to the company newsletter. Which personal data are transmitted to the data controller when the newsletter is ordered results from the input mask used for this purpose.
ATMOS informs its customers and business partners at regular intervals by means of a newsletter about company offers. The company newsletter can only be received by the person concerned if
a) the data subject has a valid e-mail address and
b) the data subject concerned registers for the newsletter.
For legal reasons, a data subject subscribing to the newsletter mailing for the first time will receive a confirmation e-mail to the e-mail address entered by the data subject under the double-opt-in procedure. This confirmation e-mail is used to verify whether the owner of the e-mail
address as the data subject authorized the receipt of the newsletter.
When subscribing to the newsletter, we also store the IP address of the computer system used by the person concerned at the time of registration, as well as the date and time of registration, as assigned by the Internet Service Provider (ISP). The collection of this data is necessary in order to understand the (possible) misuse of a data subject’s e-mail address at a later date and therefore serves as legal protection for the controller.
The personal data collected in the context of the newsletter registration will be used exclusively to send our newsletter. In addition, subscribers to the newsletter could be notified by e-mail if it is necessary for the operation of the newsletter service or registration, as in the event of changes to the newsletter offer or technical changes. The personal data collected as part of the newsletter service shall not be passed on to third parties. Subscription to our newsletter may be terminated by the person concerned at any time. The consent to the storage of personal data that the data subject has given us for the newsletter dispatch can be revoked at any time. For the purpose of revocation, a corresponding link can be found in each newsletter.
It is also possible to unsubscribe from the newsletter at any time, directly on the controller’s website, or to inform the controller in another appropriate manner.
ATMOS newsletters contain so-called tracking pixels. A tracking pixel is a miniature graphic which is embedded in such emails that are sent in HTML format to enable log file recording and log file analysis. Thereby a statistical evaluation of the success or failure of online marketing campaigns is possible. Based on the embedded pixel, ATMOS can detect if and when an e-mail was opened by a data subject and which links in the e-mail were accessed.
Such personal data collected via the tracking pixels contained in the newsletters will be stored and evaluated by the controller in order to optimize the mailing and to even better adapt the content of future newsletters to the interests of the data subject. This personal data will not be disclosed to third parties. The data subject is entitled to revoke the separate declaration of consent made via the double-opt-in procedure at any time. After revocation, this personal data will be deleted by the controller. A cancellation of the receipt of the newsletter, ATMOS automatically interprets as a revocation.
6. Contact via the website
Due to legal regulations the ATMOS website contains information which enables a quick electronic contact to our company as well as a direct communication with us, which includes a general address, the so-called electronic mail (e-mail address). If the data subject contacts the controller by e-mail or through a contact form, the personal data provided by the data subject will be
automatically saved. Such personal data, voluntarily transmitted by the data subject to the controller, is stored for the purpose of processing or contacting the data subject. There is no disclosure of this personal data to third parties.
7. SSL encryption
To protect the security of your data during transmission, we use state-of-the-art encryption techniques (such as SSL) over HTTPS.
In order to make the visit to our website attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your device. Some of the cookies we use are deleted after the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain on your device and allow us to recognize your browser on your next visit (persistent cookies). You can set your browser so that you are informed about the setting of cookies and individually decide on their acceptance or exclude the acceptance of cookies in specific cases or in general.
Please use the help function of your internet browser to find out how to change these settings.
The non-acceptance of cookies may limit the functionality of our website.
9. Use of Google (Universal) Analytics for web analytics
This website uses Google (Universal) Analytics, a web analytics service provided by Google Inc. (www.google.com). Google (Universal) Analytics uses methods that allow you to analyse the use of the website, such as “cookies”, text files which are stored on your computer. The generated information about your use of this website is generally transferred to a Google server in the US and stored there.
By activating IP anonymization on this website, the IP address will be shortened prior to transmission within the member states of the European Union or in other contracting states of the Agreement on the European Economic Area.
Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there. The anonymized IP address provided by Google Analytics within the scope of Google Analytics will not be merged with other data provided by Google.
You can prevent the collection of the data (including your IP address) generated by the cookie and related to your use of the website from Google as well as the processing of this data by Google by downloading the browser plug-in available under the following link and install: http://wbs.is/rom89.
As an alternative to the browser plug-in, you can click on the aforementioned link to prevent future detection by Google Analytics on this website. An opt-out cookie is stored on your device. If you delete your cookies, you must click the link again.
10. Using Script Libraries (Google Web fonts)
In order to render our contents correctly and graphically appealing across all browsers, we use script libraries and font libraries on this website, such as: Google web fonts (https://www.google.com/web fonts/). Google web fonts are transferred to the cache of your browser to prevent multiple loading. If the browser does not support Google Web fonts or prohibits access, contents will be displayed in a standard font.
The call of script libraries or font libraries automatically triggers a connection to the library operator. It is theoretically possible - but currently also unclear whether and if so for what purpose - the operators of such libraries collect data.
11. Using Google Maps
This website uses Google Maps API to visually display geographic information. When using Google Maps, Google also collects, processes and uses data about the use of map features by visitors. For more information about Google’s data processing, please refer to the Privacy Notice. There you can also change your personal privacy settings in the privacy centre.
For detailed instructions on how to manage your own data relating to Google products, .
12. Google AdWords
Our website uses Google Conversion Tracking. If you have reached our website via an advertisement placed by Google, Google AdWords will then set a cookie on your computer. The conversion tracking cookie is set when a user clicks on an advertisement placed by Google. These cookies lose their validity after 30 days and are not used for personal identification. If the user visits certain pages on our website and the cookie has not expired, both we and Google can see that the user clicked on the advertisement and was redirected to this page. Each Google AdWords customer receives a different cookie. Consequently cookies cannot be tracked through AdWords advertisers’ websites. The information collected using the conversion cookie is used to generate conversion statistics for AdWords advertisers who have opted for conversion tracking. The customers can find out the total number of users who clicked on their advertisement and were then redirected to a conversion tracking tag page. However, they do not receive any information that personally identifies users.
If you do not want to participate in the tracking, you can refuse the required setting of a cookie - for example via a browser setting which generally disables the automatic setting of cookies or set your browser to block cookies from the domain “googleleadservices.com”.
Please note you cannot delete the opt-out cookies so long as you do not wish to record measurement data. If you have deleted all your cookies in the browser, you must set the respective opt-out cookie again.
13. Embedded videos and images from external websites
Some of our pages contain embedded content from YouTube or Instagram. When you access a page from our website containing videos or pictures from our YouTube and / or Instagram channels, no personal data will be transmitted, with the exception of the IP address. In the case of YouTube,
the IP address will be transferred to Google Inc., 600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”) and, in the case of Instagram, to Instagram Inc., 181 South Park Street Suite 2 San Francisco, California 94107, USA (“Instagram”).
When you visit a page with the YouTube plug-in, a connection to the Youtube server will be established. Youtube will be informed on which pages you visit. If you are logged into your Youtube account, Youtube can assign your surfing behaviour to you personally. This can be prevented by
logging out of your Youtube account beforehand.
If you have disabled the storage of cookies for the Google Ad programme then you will not have to expect such cookies when watching YouTube videos. Youtube also stores non-personal usage information in other cookies. If you wish to prevent this, you must block the storage of cookies in
You are generally entitled to a right of revocation regarding your granted consent.
15. Update / deletion of your personal information
You have the opportunity at any time to review, change or delete the personal data provided to us by sending us an e-mail to the following address: email@example.com.
You may also opt out of receiving further information in the future.
Likewise, you have the right to revoke your consent at any time with effect for the future.
The deletion of stored personal data is carried out when you revoke your consent to storage.
The controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of the storage or, as the case may be, if provided for by the European Directives or Regulatory Authority or by any other legislator in laws or regulations governing the controller.
If the storage purpose is omitted or if a storage period prescribed by the European directives and regulations or any other relevant legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
16. Rights of the data subjects
Every data subject has the right, as granted by the European Directives and Regulatory Authority, to request the controller to confirm whether personal data relating to him or her is being processed. If the data subject wishes to make use of this confirmation right, they can contact our data protection officer or the official responsible at any time.
Every data subject concerned by the processing of personal data shall have the right, granted by the European Directives and Regulatory Authority, to obtain from the controller conformation, as to whether or not personal data concerning him or her is being processed and a copy of that information must be provided free of charge. Furthermore, the European Directive and regulator must provide the data subject with the following information:
- the purposes of the processing
- the categories of personal data concerned
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular to recipients in third countries or to international organizations
- where possible, the envisaged period for which the personal data will be stored or, if this is not possible, the criteria used to determine that period
- the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing
- the right to lodge a complaint to a supervisory authority
- where the personal data are not collected from the data subject, all available information on the source of the data
- the existence of automated decision-making including profiling referred to in Articles 22 (1) and
(4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject
In addition, the data subject has a right to be informed as to whether personal data has been transferred to a third country or to an international organization. If that is the case, then the data subject has the right to obtain information about the appropriate safeguards relating to the transfer.
If the data subject wishes to exercise this right to information, they can contact our data protection officer or the official responsible at any time.
Any data subject affected by the processing of personal data has the right granted by the European
Directives and Regulatory Authority to demand the immediate rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, also by means of a supplementary statement.
If the data subject wishes to exercise this right of rectification, they can contact our data protection officer or the official responsible at any time.
Every data subject affected by the processing of personal data shall have the right granted by the European Directives and Regulatory Authority to request from the controller the erasure of personal data concerning him or her and the controller shall have the obligation to erase personal data without undue delay provided that one of the following reasons is satisfied and the processing is not required:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent on which the processing is based according to Article 6 (1)
(a) GDPR or Article 9 (2) (a) GDPR and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant according to Article 21 (1) GDPR and there
are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant in accordance with. Article 21 (2) GDPR.
- The personal data have been unlawfully processed.
- The personal data have to be erased for compliance with a legal obligation in Union or Member
State Law to which the controller is subject t
- The personal data have been collected in relation to the offer of information society services referred
to in Article 8 (1) GDPR.
If any of the above reasons apply and a data subject requests the deletion of personal data
stored at ATMOS, they may contact our data protection officer or another official responsible at any time. The data protection officer at ATMOS or another employee will arrange for the deletion request to be fulfilled immediately.
If the personal data have been made public by ATMOS and our company is obliged pursuant to Article 17 (1) of the GDPR to erase the personal data, ATMOS, taking into account available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data. The data protection officer at ATMOS or another employee will arrange for the necessary steps.
Any data subject affected by the processing of personal data has the right, granted by the European
Directive and Regulatory Authority, to obtain from the controller restriction of processing if one of the following applies:
- the accuracy of the personal data is contested by the data subject for a period of time
enabling the controller to verify the accuracy of the personal data;
- the processing is unlawful, the data subject opposes the erasure of the personal data and
requests the restriction of their use instead;
- the controller no longer needs the personal data for the purposes of processing, but they are
required by the data subject for the establishment, exercise or defence of legal claims;
- the data subject has objected to processing pursuant to Article 21 para. 1 GDPR pending the
verification whether the legitimate grounds of the controller override those of the data subject.
If one of the above conditions is met and a data subject wishes to request the restriction of
personal data stored at ATMOS, they may contact our data protection officer or another employee at any time. The data protection officer at ATMOS or another employee will initiate the restriction of processing.
Any data subject affected by the processing of personal data shall have the right conferred by
the European Directive and Regulatory Authority to receive the personal data concerning him or her which he or she has provided to the controller in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided where the processing is based on consent pursuant to Article 6 (1) (a) GDPR or Article 9 (2) (a) GDPR or on a contract pursuant to Article 6 (1) (b) of the GDPR and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability, pursuant to Article 20 (1) GDPR the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that the rights and freedoms of other persons are not affected.
In order to assert the right of data transferability, the data subject may contact the data protection officer appointed by ATMOS or another employee at any time.
Any person concerned by the processing of personal data shall have the right conferred by
the European Directive and Regulatory Authority, for reasons arising from its particular situation, to prevent the processing of personal data relating to it under Article 6 (1) (e) or (f) GDPR, to enter an objection at any time. This also applies to profiling based on these provisions.
In the event of an objection ATMOS shall no longer process the personal data unless we can establish compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
If ATMOS processes personal data for direct marketing purposes, the data subject shall have the
right to object at any time to the processing of personal data concerning him or her for the purpose of such marketing which includes profiling to the extent that it is related to such direct marketing. If the data subject objects to ATMOS to processing for direct marketing purposes, ATMOS will no longer process the personal data for such purposes.
In addition, where personal data is processed by ATMOS for scientific or historical research purposes or for statistical purposes pursuant to Article 89 (1) GDPR, the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may directly contact the ATMOS data
protection officer or another employee. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.
The data subject shall have the right, as granted by the European Directives and Regulatory Authority, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her; provided the decision
a) is not required for the conclusion or performance of a contract between the data subject and the controller, or
b) is authorized by Union or Member State law to which the controller is subject, and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or
c) is based on the data subject’s explicit consent.
Is the decision
a) necessary for the conclusion or performance of a contract between the data subject and the controller; or
b) taken with the explicit consent of the data subject, ATMOS shall implement suitable measures to
safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, and to express his / her point of view and to contest the decision.
If the data subject wishes to enforce automated decision-making rights, he or she may contact our data protection officer or responsible employee at any time.
Any data subject affected by the processing of personal data has the right, granted by the European Directive and Regulatory Authority, to revoke consent to the processing of personal data at any time.
If the data subject wishes to exercise his or her right of revocation, he or she may contact our data protection officer or another responsible employee at any time.
17. Lawfulness of processing
Article 6 (1) (a) GDPR serves our company as a legal basis for processing operations in which we
obtain consent for a specific processing purpose. If the processing is necessary for the performance of a contract to which the data subject is party or in processing operations necessary for the supply of goods or the provision of any other service, processing shall be based on Article 6 (1) (b) GDPR. The same applies to processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation requiring the processing of personal data, such as the fulfilment of tax obligations, the processing is based on Article 6 (1) (c) GDPR. In rare cases, the processing of personal data may be required to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our premises was injured and his/her name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. In that case, the processing would be based on Article 6 (1) (d) GDPR. In the end, processing operations could be based on Article 6 (1) (f) GDPR. On this legal basis, processing operations that are not covered by any of the above legal basis are required if processing is necessary to safeguard the legitimate interests of our company or a third party, unless the interests, fundamental rights and fundamental freedoms of the person concerned prevail. Such processing operations are particularly permitted because they have been specially mentioned by the European legislator. In that regard, it considered that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47, sentence 2, GDPR).
18. Eligible processing interests that are being pursued by the controller or a third party
If the processing of personal data is based on Article 6 (1) (f) GDPR, our legitimate interest is
the performance of our business for the benefit of all our employees and our shareholders.
19. The person responsible or your contact person
If you have any questions regarding the collection, processing or use of your personal data, information, correction, blocking or deletion of data as well as revocation of granted consent or objection to a particular use of data, please contact us directly:
Data Protection Officer
ATMOS MedizinTechnik GmbH & Co. KG
Phone: +49 7653/689-202
Fax: +49 7653/689-590
The responsible state data protection authorities:
Baden-Württemberg: Königsstrasse 10a,
Hamburg: Klosterwall 6, 20095 Hamburg
General Standard Terms and Conditions
ATMOS MedizinTechnik GmbH & Co. KG
Our General Terms and Conditions (GTC) apply exclusively. Client’s terms and conditions which are contrary to or deviate from our General Terms and Conditions are not recognized unless their validity is explicitly confirmed in writing. Our General Terms and Conditions also apply even if we deliver to clients without reservation, in the knowledge of the client’s contrary terms and conditions. These GTC are also valid in future business relationships with the client even if they have not been explicitly agreed upon again.
2. Proposal - Order Confirmation
Our proposals are subject to change without notice unless otherwise stated in our order confirmation. Each order is accepted by us following our written order confirmation or by shipping the goods.
Every order requires an exact description of all of our product’s details. We assume no liability for errors and damage caused by inaccurate or incomplete ordering details.
Unless otherwise stated in the order confirmation, our prices in the order confirmation are ex-factory prices and exclude packaging, transport costs, insurances, contributions, customs duty, fees and are without value added tax. Value added tax is charged separately in the invoice according to the legal rate on the invoice date. We reserve the right to change prices appropriately should price reductions or increases, especially due to wage settlements, changes in the price of materials or currency fluctuations, be incurred. Proof of such changes will be provided for the client on request.
5. Payment Terms - Balancing
Payments are due for payment without discount and must be made within 21 days from the invoice date net cash; money receipt is decisive for complying with this term. Alternatively the customer may give us a SEPA direct debit mandate. In this case the unconditional credit note in our accounts is decisive for complying with this terms. For the SEPA pre-notification a period of 5 calendar days applies. The customer assures to provide the funds in the account. Costs incurred due to non-payment or reversal of the debit shall be borne by the customer, as long as the non-payment or the reversal was not caused by us. Even without giving reasons we are entitled to demand payment in advance for individual customers or for individual transactions.
If the goods were not paid 30 days after due date and receipt of the invoice the client will be in default without the necessity for a reminder. In this case we are entitled to charge interests after the due date at a rate of 9 percentage points above the relevant basic interest rate of the German Federal Bank. Should the client, who is not a consumer, have payment arrears, we are entitled to charge default interest and a cash lump sum according to §288 BGB (German Civil Code) for payment claims. Should we be able to prove higher damages due to arrears, we are also entitled to claim these. The customer is only entitled to any rights of offset if his counterclaims have been legally established, are undisputed, or have been recognized by us. The client does not have the right of retention due to disputed counterclaims. Should the invoice be regulated via a purchase centre or purchasing pool, this is only possible with our express consent.
6. Delivery Periods
Fulfilment of our delivery duties requires the punctual and proper fulfilment of the client’s duties. The right to defense on the grounds of an unfulfilled contract is reserved. Should the client default in accepting the goods delivery or breach other cooperation duties, we are entitled either to withdraw from the contract or claim compensation for any increased costs incurred up to that time without setting a further deadline. The right to make further claims is reserved. Furthermore, in such cases, the risk of coincidental destruction or a coincidental deterioration in the quality of the delivered goods is transferred to the client in the case of default in accepting such goods or payment arrears. Acts of God or stoppages (due to insufficient supplies of material, industrial disputes, etc.) entitle us either to demand an appropriate extension of delivery periods or to partly or entirely dissolve the delivery contract. This does not give the client the right to claim damages. We have fulfilled delivery periods if the delivery item has left our factory or the client has been informed of the goods’ readiness for delivery within such delivery period. Delivery periods stipulated by the client are not recognised by us unless they form part of our order confirmation. We adhere to legal terms and conditions in cases where, as a result of an undue delay in delivery for which we are liable, the client is entitled to claim that his interests in a continued fulfilment of the contract have ceased. We also adhere to legal terms and conditions should a delay in delivery be caused by deliberate or grossly negligent action by us or our representatives for which we are responsible. We are also responsible for such actions by our representatives or agents. Should the delivery delay not be caused by our deliberate infringement of contractual duties for which we are responsible, our liability is limited to damage which is regarded as typical for that case. We are liable according to the legal terms and conditions if and in so far as the delivery delay for which we are responsible is caused by an infringement of a substantial contractual duty. In such cases, our liability is also limited to damage which is regarded as typical for that case. Should the delivery delay be caused by a culpable infringement of non-substantial contractual duties, our client is also entitled to claim a one-off damage compensation worth 3 percentage points of the delivery value of the goods for each week’s delay, up to a maximum which is no higher than 15 percentage points of the delivery value of the goods.
7. Delivery – Instruction/Export
In the case of the delivery of devices for the medico-technical industry which require assembly and/or instructions for the final customer using specialist trade personnel we reserve the right to deliver the goods exclusively to the relevant specialist traders. Should the trader not carry out assembly and/or instruction for the final customer, this is carried out by us. In such cases, we reserve the right to charge the client for the additionally created costs. Our specialist traders operate a recording system so that, if necessary, our products can be traced to the final customer. The specialist trader undertakes to immediately report to our safety officer all events and risks which must be reported in connection with our products.
The export from the Federal Republic of Germany is subject to the current export regulations. The export of goods to non-EU countries requires written permission from us. Furthermore the client himself is responsible for obtaining all official import or export authorisations required.
8. Passage of Risk - Packaging
Unless otherwise stated in our order confirmation, delivery is agreed ex-factory. The risk of the goods’ damage or loss is therefore transferred to the client as soon as the goods leave the factory or the client is in default of acceptance of the goods. This also applies to cases where we confirm prepaid carriage. Transport packaging and all other packaging according to the packaging regulations is not returnable. Our client is responsible for disposing the packaging at its own cost. Our deliveries are insured by us at the client’s expense unless explicitly otherwise agreed. No insurance is arranged in the case of goods which are collected by our clients. In the case of transport damage, claims are only handled if the client receives confirmation of any damage, reduced weight or loss by the shipping company before accepting the delivery.
The client is responsible for examining the delivered goods immediately after receiving them to determine any eventual deficiencies or delivery errors, and to report these immediately. Should the client fulfil this examining and reporting responsibility, we shall be liable to the client within the scope of legal regulations. Our period of warranty shall be two years (statute of limitation) up from the date of transfer of risks or the day of delivery, except for second-hand devices, spare parts and repairs (in this case the period of limitation is one year). Our client can make use of the two years warranty as follows, so long as he can provide first buyer proof (in the form of an invoice or delivery note) and provided that the product still has the original, unchanged serial number. For our liability for defects then applies in addition:
a. We choose whether to fulfil our guarantee by providing repair services free of charge - either on the client’s premises or in our factory - or replacing the product. We can also provide these guarantee services through an authorised company.
b. Should a product be returned to us, the client agrees to send the product in its original or similar packaging, offering the same protection as the original packaging, to our address or any address notified by us.
c. Our guarantee ceases to apply if changes of any kind have been made to our product, unless such changes have been made by us or a company authorised by us, or have been previously agreed upon in writing by us. Our guarantee also ceases to apply if third parties have carried out repairs to our products or replaced parts thereof. This applies regardless of the fact whether these measures individually or collectively led to a deficiency of the product:
d. We accept no responsibility for defects caused by
- operational wear and tear;
- incorrect installation or incorrect or insufficient maintenance by the customer or third parties;
- improper use or operating faults (in contradiction to the operating instructions delivered with the product)
- inappropriate or negligent handling and care, especially with respect to dirt, lime, suction of fluids, inappropriate cleaning and sterilization
- using accessories and/or replacement parts, which are not explicitly approved;
- incorrect assembly and/or initial operation by the client or third parties;
- the client’s negligence in handling the product;
- unacceptable operating conditions, such as humidity, temperature, the power supply, vibrations, insufficient ventilation; or - accidents, acts of God, or any other causes for which we are not responsible especially lightening, water, fire, public unrest.
We are not liable for damage to other objects apart from our product itself, except in the case of any deliberate or grossly negligent actions by us or our representatives or agents. Should no deliberate breach of contract be claimed, our liability is limited to damage which is regarded as typical for that case. This also applies in the case of our culpable infringement of substantial contractual duties The indispensable conditions of German Liability Law remain unaffected thereby.
e. In special cases the return of goods is excluded. Examples are goods made to customer’s specifications, sterile goods or second-hand products.
10. Reservation of Ownership
We retain ownership of our goods until the receipt of all payments arising from the business relationship, including all demands arising from installation orders, subsequent orders, repairs, accessory deliveries and replacement orders. Should we have agreed upon payment on the basis of cheque and bill transactions, the ownership reservation applies until the cheque received by us has been paid in, and does not expire through our credit upon receiving the client’s cheque. In the case of a breach of contract by the client, especially payment arrears, we are entitled to repossess our goods. Repossession of our goods does not represent a withdrawal from the contract, unless explicitly declared in writing by us.We have the right to utilise the product after its repossession, whilst the income from such use is balanced against the client’s arrears, after deducting appropriate utilisation costs. The client is responsible for handling the goods with care. Should maintenance and inspection work be necessary, the client must carry these out punctually at his own cost. Our client is entitled to sell the goods he has bought from us in a proper sales transaction. However, he must immediately assign all outstanding claims to the value of the final invoice sum (including value added tax) of our claims to his customers or third parties. The client is entitled to collect this claim even after such assignment. Our right to collect the claim ourselves remains unaffected thereby. We undertake to release the securities to which we are entitled if requested to do so by the client should the realisable value of our securities be more than 10 percentage points higher than the outstanding claims. We reserve the right to choose the securities to be released.
11. Plans and Illustrations
We reserve all proprietary, copyright and industrial property rights to plans and drawings, illustrations, technical documents, calculations and other documents attached to our offers, including in electronic form. In particular this applies to such documents which are specified as confidential. The client must receive explicit written permission before passing these on to third parties. If the software is part of the delivery scope, the client receives a non-transferable and non-exclusive right of use of the software. All other rights to the software are reserved by ATMOS.
Imitating our legally patented products is forbidden and will be prosecuted.
12. Jurisdiction and Place of Performance
Our registered office is the place of performance for all disputes in connection with these General Terms and Conditions and the contracts closed with clients under them. This jurisdiction excludes other jurisdiction relating to persons or subject-matter. Furthermore, our client is not entitled to bring charges against us in another court should he submit a counterclaim, carry out counterbalancing or declare retention. We, however, are entitled to bring charges against our client at their general place of jurisdiction or at another relevant court recognised by German or foreign law. Unless otherwise stated in the order confirmation, our registered office is the place of performance.
13. Applicable law
These GDT and all legal relationships between the client and ourselves are subject to the law of the Federal Republic of Germany. The application of the UN Sales Convention is excluded.
14 Final Provisions
The client hereby gives his consent that in conjunction with the conclusion of the contract the data received in connection with the business relationship may be recorded, saved and transmitted to third parties provided that this is necessary for the fulfilment of the contract (e.g. to insurance companies, banks and public authorities for legally required notifications)
In this context we refer to the current valid data protection regulations which are available on the ATMOS homepage.
The invalidity of individual clauses of these GTC does not affect the validity of the entire GTC.
Lenzkirch, November 2018
ATMOS MedizinTechnik GmbH & Co. KG
General Terms and Conditions of Purchase
ATMOS Medizintechnik GmbH & Co. KG
The following terms and conditions shall apply exclusively to all orders, also future orders, unless we expressly confirm deviations in writing. Terms and conditions of the supplier are not accepted by us, unless we expressly agreed to their validity in writing. Our terms and conditions of purchase shall also apply if we accept the supplier’s delivery without reservations despite being aware of the terms and conditions of the supplier which conflict with or deviate from our terms and conditions of purchase.
(1) Only written orders are binding. All orders as well as their modification and amendment must be in writing. The supplier has to acknowledge the order in writing and without delay. Our employees are not authorised to make ancillary verbal agreements or to make commitments in addition to the order or to change these terms and conditions of purchase to our detriment.
(2) We reserve the right to cancel the order if we do not get an order confirmation within 7 days from the date of order, which contains prices and delivery time.
3. Prices / Payment
(1) Agreed prices are binding fixed prices, they are calculated free destination and any packing costs are included unless otherwise agreed in writing. Payment is made by arrangement. The time allowed for payment starts when the goods have been received as per agreement and are complete, when the documents as per clause 5 are available. We reserve the right to choose the means of payment.
(2) In case it is agreed that we bear the transport costs, the supplier is obliged to choose the most cost-effective dispatch route. Any additional costs for speeding up delivery in order to meet a delivery date will not be borne by us.
(3) We are entitled to set off right and retention rights within statutory regulations.
4. Payment terms
Unless otherwise expressly agreed, payment of the invoice will be effected within 14 days with a deduction of 3 % cash discount or within 30 days net. The period starts on receipt of invoice as well as goods, respectively when the entrusted service is performed. Payment is made subject to invoice verification.
In the case it is agreed that we bear the packing costs, the packaging shall be charged at cost price. The value of the packaging must be stated on the delivery note. We return packaging to the supplier, at our own option, carriage paid, or dispose of it at the expense of the supplier. For the disposal we charge two thirds of the value of the packaging.
6. Delivery time
(1) Agreed or confirmed delivery periods or dates are binding. Relevant for meeting the deadline shall be the receipt of goods at our premises. The supplier is not entitled to partial or overdelivery. The supplier is obliged to inform us immediately in writing if it is obvious that the agreed delivery dates and periods cannot be kept.
(2) In case of a delay in delivery we shall be entitled to statutory claims. Regardless of that we shall be entitled to claim for payment of a contract penalty of 1% per commenced week of the missed deadline, but at a maximum 5% of the agreed total price of the delivery. This contract penalty can be claimed up to the final payment.
(3) Our acceptance duty is prolonged in case of Force Majeure, labour disputes, interruption of operations, lack of energy and raw materials, civil commotions and other unforeseeable or inevitable events for which we are not liable for, for the duration of the incident and to the extent of its effects. The supplier shall immediately be informed on the beginning and end of the mentioned obstacles. In these cases we cannot be held liable for any default in acceptance or late payment.
7. Delivery notes and invoices
A delivery note must be included in every consignment, stating our order number, REF and the purchase order date. The invoice must be in line with the specification of our order and the delivery note, it must contain our order number and the purchase order date. Without the relevant accompanying documents the supplier has not fulfilled his delivery obligations regarding the order. We shall then be entitled to store the goods at the risk and expense of the supplier.
8. Notice of defects and liability for defects
(1) The supplier shall guarantee that when handing over the delivery item to us, it is free from defects of title or material defects and is state-of-the-art, for compliance with appropriate laws, protective regulations and accident prevention regulations as well as with the common and technical quality standards (e.g. DIN, VDE, VDI, TÜV). In case of different structuring of these standards, the German version shall be applicable.
(2) We examine incoming goods for apparent defects, identity, shortage and visible damage in transit. There is no further obligation to inspect the goods. Apparent defects are claimed within two weeks. For foreign transactions the period shall be prolonged to three weeks. Insofar the supplier shall abstain from raising an objection regarding delayed notice of defects. Hidden defects are claimed immediately after their discovery.
(3) Claims for defects become time-barred in 36 months.
(4) For deliveries from at home or abroad we have the choice to have claims satisfied by either rectification or subsequent delivery of goods free of defects, unless the subsequent delivery is, in the requested form, unacceptable for the supplier. In urgent cases we may remedy the deficiencies at supplier’s expense and, if this is not possible, we may buy the goods from an other subcontractor at supplier’s expense.
(5) The supplier has to bear all expenses for rectification or replacement at the relevant place of usage of the goods. On request we shall inform the supplier on the place of usage.
(6) In the case we take products back due to the deficiency of the supplier’s goods or the purchasing price was reduced or a claim was made on us in any other way, we reserve the right of recourse to the supplier. No otherwise necessary fixing of deadline is required. The supplier also has to bear the necessary expenses for it. Regardless of the agreed limitation period of 36 months, the above mentioned claims become time-barred at the earliest 2 months after the date when we have satisfied the claims from our customers, but at the latest after 5 years.
(7) If a material defect appears within 6 months from delivery, it is assumed that the deficiency already existed at handing over, unless this assumption is inconsistent with the kind of goods or the defect.
(8) The limitation period for claims regarding liability for defects begins anew for replaced or repaired parts.
(1) In the case where a claim is made on us by a customer or any other third person due to product liability, the supplier is obliged to indemnify us from such claims provided that and as far as the damage was caused or partly caused by a fault of the product supplied by the supplier. In cases of strict liability this is only applicable if the supplier is at fault. Provided that the cause of damage is in the responsibility of the supplier, it is sufficient to prove that the damage was caused by the fault. Apart from this the supplier bears the burden of proof.
(2) Our liability is limited to damages caused by gross negligence or premeditatedly. This shall not apply for bodily injuries or if essential contractual obligations were violated the way that they jeopardise the execution of the contract.
10. Protective rights
(1) The supplier is responsible that no protective rights or other rights from third parties are infringed in connection with his supply. If a third party claims against us because of that, the supplier is obliged to indemnify us from these claims after our first written request. We are not entitled to make any agreements with the third party, especially to come to a compromise without the consent of the supplier.
(2) The supplier’s obligation for indemnification is related to all expenditures which necessarily accrue from the claim of a third party.
(3) The limitation period is 10 years, calculated from the date of conclusion of the contract.
11. Provision of material, tooling
(1) Provisions of material remain our property – even if they are invoiced – and have to be stored separately, clearly marked and administered as our property. The supplier carries out processing or alteration for us. When our reserved goods are connected to, processed or mixed with other goods, we gain joint property in the newly manufactured goods in proportion to the value of the provided material to the other goods. If the connection or mixture is the way that the provided material can be considered as essential, it shall be agreed that the supplier transfers us joint property and the supplier keeps it for us. The provided material may only be used for our orders. In case of depreciation or loss the supplier provides replacement.
(2) Tooling like models, samples, tools, jigs, drawings are either provided from us or manufactured for us by the supplier as per our specifications. We reserve the property rights for these tooling. They have to be stored separately and clearly marked as our property and may neither be reproduced, sold, nor otherwise passed on. The same applies to the things which are manufactured with this tooling. Tooling must be insured against theft, destruction and damage at the supplier’s expense. The supplier already transfers any claims from the insurance to us and we do herewith accept the assignment. After placing the order the tooling must be returned to
us. Things, which we developed or enhanced in cooperation with the supplier, may only be supplied to us.
(3) The supplier has no right of retention to the provided material and tooling.
(4) The supplier is obliged to treat all the received images, drawings, calculations and other documents and information as strictly confidential. They may only be disclosed to third parties with our explicit consent. This secrecy agreement still remains valid after termination of the contract and ends when and so far as the manufacturing knowledge in the images, drawings, calculations and other documents became generally known.
12. Applicable law, place of performance, place of jurisdiction
(1) These terms and conditions shall be governed by and construed in accordance with the law of the Federal Republic of Germany.
(2) Place of performance for delivery and payment is Lenzkirch, Germany.
(3) For business transactions between fully-qualified traders the place of jurisdiction for all claims related to this contract shall be Freiburg i. Br. However, we are also entitled to go to the court in charge for the supplier.
Lenzkirch, February 2008