{"id":967,"date":"2025-10-07T09:01:04","date_gmt":"2025-10-07T07:01:04","guid":{"rendered":"https:\/\/c-nox.de\/terms-and-conditions\/"},"modified":"2026-09-12T12:10:09","modified_gmt":"2026-09-12T10:10:09","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/c-nox.de\/en\/terms-and-conditions\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"\n<style type=\"text\/css\" data-created_by=\"avia_inline_auto\" id=\"style-css-av-9tn1l-0cfa4665c820690faf419ea1a2be6ed6\">\n.avia-section.av-9tn1l-0cfa4665c820690faf419ea1a2be6ed6{\nbackground-repeat:no-repeat;\nbackground-image:url(https:\/\/c-nox.de\/wp-content\/uploads\/2025\/09\/C-NOX-Header-Test.jpg);\nbackground-position:0% 0%;\nbackground-attachment:fixed;\n}\n.avia-section.av-9tn1l-0cfa4665c820690faf419ea1a2be6ed6 .av-section-color-overlay{\nopacity:0.6;\nbackground-color:#3e6792;\n}\n<\/style>\n<div id='av_section_1'  class='avia-section av-9tn1l-0cfa4665c820690faf419ea1a2be6ed6 main_color avia-section-large avia-no-border-styling  avia-builder-el-0  el_before_av_one_full  avia-builder-el-first  avia-full-stretch avia-bg-style-fixed av-section-color-overlay-active container_wrap fullsize'  data-section-bg-repeat='stretch'><div class=\"av-section-color-overlay-wrap\"><div class=\"av-section-color-overlay\"><\/div><div class='container av-section-cont-open' ><main  role=\"main\" itemprop=\"mainContentOfPage\"  class='template-page content  av-content-full alpha units'><div class='post-entry post-entry-type-page post-entry-967'><div class='entry-content-wrapper clearfix'>\n\n<style type=\"text\/css\" data-created_by=\"avia_inline_auto\" id=\"style-css-av-mgg7o08b-fe03d9d06c5914a83e43eb466d456807\">\n#top .av-special-heading.av-mgg7o08b-fe03d9d06c5914a83e43eb466d456807{\npadding-bottom:10px;\ncolor:#ffffff;\n}\nbody .av-special-heading.av-mgg7o08b-fe03d9d06c5914a83e43eb466d456807 .av-special-heading-tag .heading-char{\nfont-size:25px;\n}\n.av-special-heading.av-mgg7o08b-fe03d9d06c5914a83e43eb466d456807 .special-heading-inner-border{\nborder-color:#ffffff;\n}\n.av-special-heading.av-mgg7o08b-fe03d9d06c5914a83e43eb466d456807 .av-subheading{\nfont-size:15px;\n}\n<\/style>\n<div  class='av-special-heading av-mgg7o08b-fe03d9d06c5914a83e43eb466d456807 av-special-heading-h1 custom-color-heading blockquote modern-quote modern-centered  avia-builder-el-1  avia-builder-el-no-sibling  av-thin-font'><h1 class='av-special-heading-tag '  itemprop=\"headline\"  ><strong>General Terms and Conditions<\/strong><\/h1><div class=\"special-heading-border\"><div class=\"special-heading-inner-border\"><\/div><\/div><\/div>\n<\/div><\/div><\/main><!-- close content main element --><\/div><\/div><\/div><div id='after_section_1'  class='main_color av_default_container_wrap container_wrap fullsize'  ><div class='container av-section-cont-open' ><div class='template-page content  av-content-full alpha units'><div class='post-entry post-entry-type-page post-entry-967'><div class='entry-content-wrapper clearfix'>\n<div  class='flex_column av-8of8x-64962345121f8d6ddc72f75307c72b29 av_one_full  avia-builder-el-2  el_after_av_section  avia-builder-el-no-sibling  first flex_column_div  '     ><section  class='av_textblock_section av-mgg7sbes-4075fb1f7733f2f5d2855c45a3009329 '   itemscope=\"itemscope\" itemtype=\"https:\/\/schema.org\/CreativeWork\" ><div class='avia_textblock'  itemprop=\"text\" ><h3>1. Scope of Application<\/h3>\n<p>1.1. These terms form the basis of all legal transactions, particularly deliveries and services, concluded by C-nox\/Medax with an entrepreneur as defined by the German Civil Code (BGB), a legal entity under public law, or a special public fund. Deviating or supplementary contractual agreements are only valid if confirmed in writing by C-nox\/Medax. Deviating terms and conditions of a contractual partner shall not become part of the contract, even if an order is executed.  <\/p>\n<p>1.2. Every contract is concluded upon order confirmation by C-nox\/Medax in text form (\u00a7 126b BGB). C-nox\/Medax is bound by offers for a maximum of 30 days. If the offer is accepted after the binding period has expired, C-nox\/Medax is entitled to adjust the offered price in the order confirmation at its equitable discretion. Insofar as standard contractual formulas are used in the order confirmation or communication, Incoterms 2000 shall be used for interpretation.   <\/p>\n<p>1.3. C-nox\/Medax reserves all copyrights and ownership rights to samples, drawings, offers, and similar information of a tangible and\/or intangible nature (e.g., files or similar). Such information may not be made accessible to third parties. The same applies to information or documents marked as \u201cconfidential\u201d. If the recipient violates this obligation, a contractual penalty amounting to twice the offer price shall be forfeited.<\/p>\n<h3>2. Delivery<\/h3>\n<p>2.1. All deliveries are made EXW (Incoterms 2000) from the factory hall in Neum\u00fcnster, excluding packaging, loading, and unloading. The place of delivery and performance is the registered office of C-nox\/Medax. This also applies if C-nox\/Medax bears the costs of transport.  <\/p>\n<p>2.2. The risk transfers to the customer upon EXW delivery. This also applies if partial deliveries are made or further services are provided by C-nox\/Medax, e.g., installation or commissioning services. If commissioning or similar services are agreed upon in addition to delivery, Section 7 applies conclusively to such services.   <\/p>\n<p>2.3. The estimated delivery period is determined by the order confirmation from C-nox\/Medax. If a specific date is mentioned, the corresponding calendar week is considered the delivery period. Compliance with the delivery period requires the final clarification of all commercial and technical questions confirmed by C-nox\/Medax, as well as the fulfillment of the customer&#8217;s duties and obligations. This includes, among other things, the provision of official certificates, permits, the fulfillment of advance payment demands, and the provision of payment securities (\u00a7 648a BGB). The agreement of fixed deliveries on a specific date requires explicit written agreement.    <\/p>\n<p>2.4. Compliance with the delivery period is subject to proper and timely self-delivery, as well as force majeure, labor disputes, or other events beyond the control of C-nox\/Medax.<\/p>\n<p>2.5. The delivery period shall be extended appropriately in the cases of Sections 2.2 \u2013 2.4, by at least the period of the delay plus 14 days. C-nox\/Medax will inform the customer of the delay period as soon as possible.    <\/p>\n<p>2.6. Partial deliveries are permissible unless this is unreasonable for the customer or has been contractually excluded.<\/p>\n<p>2.7. If dispatch to or acceptance by the customer is delayed for reasons within the customer&#8217;s risk sphere, C-nox\/Medax is entitled, after 5 working days from notification of readiness for dispatch\/acceptance, to invoice delay costs upon proof. For the storage of systems, a flat rate of \u20ac12.50 (net) per m\u00b3 of space required on Euro pallets plus a one-time handling fee of \u20ac150 (net) will be charged monthly.  <\/p>\n<p>2.8. The delivery period is met and delivery is deemed to have occurred if readiness for dispatch of the delivery item has been reported by the last working day or if it has been handed over to the forwarder.<\/p>\n<p>2.9. Unless the parties have made a special agreement regarding transport, C-nox\/Medax is entitled to conclude the contract of carriage under the General German Forwarders&#8217; Conditions (ADSp). If the risk has already passed, C-nox\/Medax is entitled to invoice the customer separately for the costs incurred. For liability for transport damage, Section   5.9. applies conclusively.<\/p>\n<h3>3. Prices<\/h3>\n<p>3.1. All prices are net ex works C-nox\/Medax, free on truck loading edge, excl. packaging, loading and unloading, unless expressly stated otherwise in writing by order confirmation. <\/p>\n<p>3.2. Payments are due immediately and payable without deduction to one of the C-nox\/Medax accounts. All payment demands are shown on proper invoices. Invoices are deemed received 3 days after mailing or \u2013 in the case of advance dispatch by fax \u2013 at the time shown in the transmission report. If invoices are sent by email, the invoice is deemed received at the time of dispatch, provided it was sent to an email account that C-nox\/Medax was informed of as a communication address and used for communication.   <\/p>\n<p>3.3. Rights of retention or set-off exist only with undisputed (in basis and amount) or legally established claims.<\/p>\n<p>3.4. For all types of legal transactions (customer or supplier), sufficient creditworthiness is assumed, such that insurability with HERMES is given. Should the business partner&#8217;s creditworthiness change or subsequently prove to be incorrect, C-nox\/Medax is unilaterally entitled to modify the contract. <\/p>\n<h3>4. Retention of Title<\/h3>\n<p>4.1. C-nox\/Medax retains title to the delivered goods until all claims arising from the business relationship with the customer have been settled. The customer is obliged to insure the delivered goods at their new value against theft, breakage, fire, water, and other damages from the transfer of risk and to provide C-nox\/Medax with proof of insurance coverage. If proof is not provided, C-nox\/Medax is entitled to conclude the insurance contract at the customer&#8217;s expense.  <\/p>\n<p>4.2. The customer may neither sell, pledge, nor assign the delivered goods as security. C-nox\/Medax must be informed immediately of any seizures, confiscations, or other dispositions by third parties. <\/p>\n<p>4.3. If the customer breaches their obligations, particularly their payment obligations, C-nox\/Medax is entitled to take back the delivered goods, and the customer is obliged to surrender them. Furthermore, the customer is obliged to surrender the goods after C-nox\/Medax withdraws from the contract; the application for the opening of insolvency proceedings or the announcement of such an application entitles C-nox\/Medax to withdraw from the contract. <\/p>\n<p>4.4. Upon request, C-nox\/Medax will decide at its equitable discretion whether to waive the securities according to Sections 4.1 to 4.3 if security for the remuneration claim has been provided according to \u00a7 648a BGB.    <\/p>\n<h3>5. Warranty \/ Liability<\/h3>\n<p>5.1. If a defect appears in the delivered goods that already existed at the time of the transfer of risk, C-nox\/Medax is entitled and obliged to remedy the defect or deliver defect-free goods. The remedy must be carried out within a reasonable period. The customer is responsible for transporting the goods to the place of delivery for the purpose of rectification or for advancing costs for travel and subsistence to the location of the system.  <\/p>\n<p>5.2. The customer must ensure that all goods are inspected for defects immediately after delivery (\u00a7 377 HGB) and that any defects are reported in writing (\u00a7 126 BGB). Damages occurring to the delivered goods after approval are, subject to proof to the contrary, deemed to have occurred after the transfer of risk. C-nox\/Medax is entitled and, upon customer request, obliged to remedy such damages against provision of customary remuneration incurred in this regard. The security shall be returned upon proof that the damage is attributable to a defect in the goods already existing before the transfer of risk.   <\/p>\n<p>5.3. If there are plausible indications of unsuitable or improper use, faulty assembly or commissioning by the customer, or other faulty or negligent handling or improper maintenance, it is rebuttably presumed that damage was not caused by a defect existing before the transfer of risk. The same applies to unsuitable operating materials, defective work at interfaces, unsuitable subsoil, or other chemical, electrochemical, or electrical influences that are within the customer&#8217;s risk sphere. If the customer or a third party carries out work on the system without instructions from C-nox\/Medax, it is rebuttably presumed that any subsequent damage is attributable to this work.  <\/p>\n<p>5.4. Insofar as C-nox\/Medax has followed the customer&#8217;s instructions during manufacturing, particularly regarding design or materials\/components to be used, the customer bears responsibility for the quality and suitability directly or indirectly resulting from this instruction.<\/p>\n<p>5.5. If there are legal defects that impair the use of the delivered system, C-nox\/Medax is obliged to remedy these defects. If this is not possible under economically reasonable conditions or within a reasonable period, both parties are entitled to withdraw from the contract. Economic conditions are considered unreasonable if they exceed 50% of the agreed remuneration. Otherwise, the statutory provisions apply.   <\/p>\n<p>5.6. Section 5.4. applies to the infringement of intellectual property rights (copyrights, patent rights, trademark rights) only if and to the extent that<\/p>\n<ul>\n<li>the customer immediately informs C-nox\/Medax of the asserted intellectual property rights,<\/li>\n<li>the customer supports C-nox\/Medax to the necessary extent in defending against asserted claims or enables the remedy of the legal defect according to Section 5.4,  <\/li>\n<li>C-nox\/Medax reserves all defense measures, including out-of-court settlements,<\/li>\n<li>the legal defect is not based on an instruction from the customer, and<\/li>\n<li>the infringement was not caused by an unauthorized modification or non-contractual use by the customer.<\/li>\n<\/ul>\n<p>5.7. For damages not arising or having arisen on the delivery item itself, C-nox\/Medax is liable \u2013 for whatever legal reasons \u2013 only in cases of intent, gross negligence by its organs or executive employees, and culpable injury to life, body, and health. The same applies to defects that have been fraudulently concealed or whose absence has been expressly guaranteed. Any liability under the Product Liability Act remains unaffected.<br \/>\nFurthermore, if C-nox\/Medax is responsible for the breach of a material contractual obligation, liability for such damages is limited to the contract-typical, reasonably foreseeable damage. Damage exceeding 100% of the delivery value is considered unforeseeable. Compliance with the agreed delivery period is not considered a material contractual obligation in the absence of express agreement to the contrary. The same applies to obligations assumed in addition to delivery. Claims for indirect financial losses, particularly for lost profits, are excluded.      <\/p>\n<p>5.8. The commencement of discussions or negotiations about damages and any defects as their cause does not constitute a waiver of the objection of late notification of defects.<\/p>\n<p>5.9. C-nox\/Medax is not responsible for damages occurring during transport, unless the risk has not yet passed. Any claims arising from the contract of carriage against the carrier are to be settled between the carrier and the customer. Insofar as C-nox\/Medax is entitled to claims against the carrier or other parties involved in the transport, these are assigned to the customer in advance. By concluding the contract, the customer accepts this assignment.<br \/>\nIf the risk has not yet passed to the customer, the ADSp in its currently valid version applies to liability. Accordingly, liability for damage to goods under \u00a7 431 HGB (damage in the forwarder&#8217;s custody) is limited to \u20ac5.00\/kg; for multimodal transports including sea carriage, to 2 SDR\/kg, and furthermore per claim or event to \u20ac1,000 or \u20ac2,000 or 2 SDR\/kg, whichever amount is higher. Section 27 ADSp is not considered a waiver of liability within the meaning of Article 25 of the Montreal Convention.      <\/p>\n<p>5.10. Regardless of the legal basis, the liability of C-nox\/Medax is limited to \u20ac20,000.<\/p>\n<h3>6. Software<\/h3>\n<p>6.1. If the delivery includes controls or similar components on which software is installed by the supplier, the customer is entitled to use it under a non-exclusive right. The software and its documentation are provided for use on the designated delivery item. Use of the software on more than one system is prohibited.  <\/p>\n<p>6.2. The customer is only entitled to duplicate, revise, or otherwise modify the software to the extent permitted by law (\u00a7\u00a7 69 a et seq. UrhG). Manufacturer specifications, particularly copyright or similar notices, may not be removed or altered. <\/p>\n<p>6.3. Unless rights to the software have been granted to the customer, the rights remain with C-nox\/Medax. The granting of sublicenses is not permitted. <\/p>\n<h3>7. Other Services \/ Commissioning<\/h3>\n<p>7.1. If other work services, particularly commissioning services, are agreed upon in addition to delivery, the following provisions apply.<\/p>\n<p>7.2. If defects in such services are asserted, the alleged defect must be described, documented with suitable documentation, and C-nox\/Medax must be informed immediately. If there are plausible indications against the defectiveness of the service, C-nox\/Medax is only obliged to take measures within the scope of damage rectification against provision of customary remuneration. If it turns out in this context that the service had an initial defect, the security must be returned.<\/p>\n<p>7.3. Liability for defects in such services is limited to 20% of the agreed total remuneration.<\/p>\n<p>7.4. The completion of commissioning services will be communicated to the customer in writing. Acceptance of the services must take place within 5 working days of completion and is deemed to have occurred if the customer takes over the operation of the system under their own responsibility.<\/p>\n<h3>8. Final Provisions<\/h3>\n<p>8.1. All legal relations between C-nox\/Medax and the customer shall be governed exclusively by the law of the Federal Republic of Germany applicable to legal relations between domestic parties.<\/p>\n<p>8.2. The place of jurisdiction is the court with subject-matter and local jurisdiction for C-nox\u00ae\/Medax GmbH&#038;Co.KG. C-nox\/Medax is entitled to file a lawsuit at the customer&#8217;s registered office.<\/p>\n<p>8.3. The customer agrees that C-nox\/Medax stores data from the contractual relationship pursuant to \u00a7 28 BDSG for the purpose of data processing and reserves the right to transmit the data to third parties insofar as this is useful for the fulfillment of the contract.<\/p>\n<p><a href=\"https:\/\/c-nox.de\/wp-content\/uploads\/2025\/10\/AGB_C-nox_0218.pdf\" target=\"_blank\">PDF Download<\/a><\/p>\n<\/div><\/section><\/div>\n","protected":false},"excerpt":{"rendered":"","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-967","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/c-nox.de\/en\/wp-json\/wp\/v2\/pages\/967","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/c-nox.de\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/c-nox.de\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/c-nox.de\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/c-nox.de\/en\/wp-json\/wp\/v2\/comments?post=967"}],"version-history":[{"count":2,"href":"https:\/\/c-nox.de\/en\/wp-json\/wp\/v2\/pages\/967\/revisions"}],"predecessor-version":[{"id":969,"href":"https:\/\/c-nox.de\/en\/wp-json\/wp\/v2\/pages\/967\/revisions\/969"}],"wp:attachment":[{"href":"https:\/\/c-nox.de\/en\/wp-json\/wp\/v2\/media?parent=967"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}