For more than 30 years, COMPET MEDICAL AG has been developing and distributing user-friendly and high-quality Harm Reduction products; in particular, sterile disposable products such as filters, syringes, hypodermic needles and sets, as well as condoms, lubricants and accessories. Our products help to reduce damage to the health of drug users and make their use as safe as possible.

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    General terms and conditions

    1. Scope

    1.1       The General Conditions of Sale of Compet Medical AG (“Contractor”) apply exclusively to entrepreneurs within the meaning of § 310 para. 1 of the BGB (German Civil Code). Conflicting or deviating conditions of the contracting party (“Client”) are not recognized by the Contractor, unless he has expressly agreed to this. Orders and all related statements are only binding in written form. The same applies to any waiver of this written form requirement.

    1.2       These General Terms and Conditions are valid also if the Contractor, in knowledge of contradicting or deviating conditions of the Client, unconditionally carries out the supply to the Client.

    1.3       They also apply to future business relationships, even if they are not expressly agreed again.

    2. Offer and conclusion of contract as well as exclusion of the right of objection

    We do not deliver to consumers – there is no right to object.

    2.1       If a written order is to be regarded as an offer within the meaning of §§ 145 ff. BGB, the Contractor can accept it within two weeks.

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

    3.        Confidentiality

    The Client undertakes to keep confidential, even after the end of the contractual relationship, all business, operating or technical matters of the Contractor known or what became known in connection with the contract, so long as and provided this information is not otherwise publicly known or if the Contractor dispenses with the confidentiality clause in writing.

    4. Prices

    4.1       The prices of the last price list of the Contractor are subject to change and apply ex works net (EXW). VAT will be invoiced separately to the Client in the respective statutory amount.

    5. Delivery and transfer of risk

    5.1       Delivery dates are valid after express written confirmation. They are considered fulfilled if the goods have been reported as ready for dispatch by the agreed date.

    5.2       Delivery is ex works (EXW).

    5.3       Any shipment of the goods shall be at the risk and expense of the Client, even if the Contractor exceptionally bears the shipping costs.

    5.4       If the goods can not be shipped for reasons for which the Client is responsible, the Contractor is entitled to store the goods at the risk and expense of the Client. The date of storage is considered as the delivery date in such cases; the warehouse receipt replaces the shipping documents.

    6. Terms of payment

    6.1       The purchase price is due within 30 days of the invoice date in Euro (€) net.

    6.2       A deduction of the discount is only permitted on the invoice in accordance with the relevant information. The day of receipt of the money by the Contractor or the day of the credit note on one of his bank accounts is considered as payment for the discount deduction.

    6.3       The withholding of payments due to or offsetting against counterclaims by the Client are only permitted if these counterclaims are undisputed or legally binding.

    7. Retention of title

    7.1       The goods remain the property of the Contractor until the fulfillment of all claims against the Client.

    7.2       The Client will undertake all measures for the registration of the retention of title, insofar as this is necessary according to the regulations of foreign legal systems.

    7.3       The Client is obliged, as long as the property has not yet been transferred to him, to treat the purchased goods with care and to insure them sufficiently at their own expense against fire, water and theft damage to the replacement value. The costs of any necessary investments, for example through maintenance and inspection work, are borne by the Client.

    7.4       If the goods delivered by the Contractor are resold before the full payment of the purchase price or handed over to third parties for any other legal reason, the Client hereby assigns to the Contractor all claims arising from the resale of the reserved goods against his customers with all ancillary rights. In the case of normal processing, connection or mixing, the assignment is made in the amount of the invoice value of the goods used by the Contractor.

    7.5       If the value of the collateral existing for the Contractor exceeds the secured claim by more than 10%, the Contractor undertakes to release the collateral of his choice at the request of the Client.

    7.6       At the request of the Contractor, the Client shall, as soon as it is in default, notify the assignment to its debtor and provide the Contractor with the information necessary to collect the claim and hand over the necessary documents. The Client is entitled and obligated, unless otherwise determined by the Contractor, to collect the equivalent value for the resold goods, which will immediately become the property of the Contractor, and to keep them separate from the other means of payment for the Contractor.

    7.7       In case of doubt, the retention of title shall continue until the Client proves in each individual case that the goods have been paid in full. In the event that the goods subject to the Contractor’s retention of title are claimed by third parties, e.g. by seizure, or if third parties assert claims on the claim assigned to the Contractor, the Client shall be obliged to inform the Contractor thereof without delay and to inform the third party of the retention of title or the assignment.

    8. Return conditions (outside warranty)

    8.1       The return of the goods requires the express written consent of the Contractor. The value to be refunded on return of goods depends on the age, quality and resale capacity of the goods.

    8.2       Products that are ordered in special packaging or do not fall within the standard delivery program of the Contractor, are in principle excluded from a return.

    8.3       Risks and costs for the transport of returned goods shall be borne by the Client.

    9. Warranty and Liability

    9.1       Obvious defects in the purchased item must be reported in writing within 3 days of receipt; defects that were not obvious must be reported within 7 days of discovery. Damage to the goods that has become obvious and that is already evident on receipt must be immediately complained about to the freight forwarder or carrier.

    9.2       Insofar as there is a defect in the purchased goods, the Contractor may first repair or redeliver at its discretion. If the supplementary performance fails, the Client is entitled to demand rescission or reduction at his own choice.

    9.3       Warranty claims due to defects in the goods become statute-barred 12 months after delivery of the goods to the Client (EXW).

    9.4       The liability of the Contractor, his legal representatives or vicarious agents is limited to intent and gross negligence, unless there is a breach of essential contractual obligations. This does not apply to claims for damages of the Client in the event of injury to life, body and health, as well as for mandatory claims under the Product Liability and Medicines Act. Incidentally, the liability for financial losses is limited to the foreseeable damage typical for the Contract.

    10. Final provisions

    10.1 The deliveries and services (fulfillment of the Contract) are subject to the condition that the fulfillment of any obstacles to national or international regulations, in particular export control regulations and embargoes or other sanctions. The Contracting Party undertakes to provide all information and documents required for the export/transfer/import. If delays occur due to export checks or approval procedures, the respective time limits and terms of delivery shall be suspended accordingly. If required approvals are not granted, the Agreement will be deemed invalid with respect to the affected parts.

    10.2     The contractual relationship is subject to the law of the Federal Republic of Germany, including the UN Sales Convention (CISG).

    10.3     Commercially available clauses shall be interpreted in accordance with the version valid at the time of conclusion of the Contract.

    10.4     The Contract language is German – even if these General Terms and Conditions are provided in other languages, especially in English.

    10.5     For all disputes arising out of or in connection with this Contract, the Parties agree as the exclusive place of jurisdiction of the county or regional court responsible for Constance. However, the Contractor is entitled to sue the Client at the place of jurisdiction of his place of business in accordance with the applicable law.

    Status: October 2018