Atmos 507.4506.0, 507.4507.0, HL 21 LED, 507.4505.B, 507.4506.B Operating Instructions Manual

...
Please store this document near the device for later use!
Gebrauchsanweisung
ATMOS HL 21 LED
Operating Instructions
Englisch
201-04 Index: 0
507.4500.B
507.4507.B
530.4020.B
506.7551.B
507.4760.B
507.4505.B
507.4506.B
2
1.0 Introduction ......................................................................................3
1.1 Notes on operating instructions ..........................................................3
1.2 Explanation of symbols ......................................................................4
2.0 Notes on safety ................................................................................5
3.0 Intended use .....................................................................................6
4.0 Setting up and starting up ...............................................................7 - 10
4.1 Einzelkomponenten der Stirnleuchte .................................................7
4.2 Adjustment to head measurement .....................................................8 - 9
4.3 Functionality of rechargeable LED battery .........................................10
5.0 Operation ..........................................................................................11 - 12
5.1 Variants of the headlight ATMOS HL 21 LED .....................................11
5.2 Switching on .......................................................................................12
5.3 Focusing the headlight ATMOS HL 21 LED .......................................12
6.0 Notes on cleaning and care ............................................................13 - 14
6.1 Recommended surface disinfectants .................................................14
7.0 Maintenance and servicing .............................................................15
8.0 Trouble-shooting ..............................................................................16
9.0 Accessories, spare parts, consumables ........................................17
10.0 Technical specifi cations ..................................................................18
11.0 Disposal ............................................................................................19
12.0 Annex ................................................................................................20 - 26
12.1 Notes on Electromagnetic Compatibility (EMC) .................................20 - 25
12.2 Declaration of Conformity ...................................................................26
General Standard Terms and Conditions
Table of contents
ATMOS MedizinTechnik GmbH & Co. KG
Ludwig-Kegel-Str. 12, 14-16, 18 79853 Lenzkirch / Germany
Tel: +49 7653 689-0 - Fax: +49 7653 689-392 (Vertrieb Inland) – Fax: +49 7653 689-391 (Export)
E-Mail: atmos@atmosmed.de www.atmosmed.de
3
1.0 Introduction
1.1 Notes on operating instructions
Maintenance and repairs may only be carried out by a skilled person authorised by ATMOS. Only original spare parts may be used for repairs. This will guarantee that the safety, readiness for operation and value of your device will be maintained.
The ATMOS HL 21 LED bears the CE identi cation symbol CE in accordance with
the EU Medical Devices Directive (MDD) - Directive 93/42/EEC and meets the basic require-ments of Annex I to this Directive.
The quality management system used at ATMOS has been certi ed for quality
management in accordance with the relevant international standards.
These operating instructions correspond to the design of the device and the status of basic safety engineering stan-dards on going to press.
Reproduction of these instructions - even in part - only with the written permission of ATMOS.
Abbreviations / symbols in these operating instructions:
Identi es a list
Subdivision of a list/activity. The recommended sequence must be
adhered to in each case!
Important Notes!
These operating instructions are valid for following devices:
ATMOS HL 21 LED REF 507.4505.0
Examination set
ATMOS HL 21 LED REF 507.4506.0
OT set
ATMOS HL 21 LED REF 507.4507.0
Unit set
in connection with the accessories mentioned in chapter 9.0.
These operating instructions contain important information on how to operate
the ATMOS HL 21 LED safely, correctly and ef ciently.
ALWAYS STORE THESE OPERATING INSTRUCTIONS CLOSE TO THE
DEVICE !
The device’s operating safety and its readiness for use depend not only on your competence but also on care and maintenance of the ATMOS HL 21 LED. Regular cleaning and preventive maintenance work is, therefore, essential.
4
ECO Half performance
O Lamp switched off
POWER Full performance
Test button for battery test
Connection for lamp to rechargeable LED battery
Connection for charging power pack with
identi cation of the polarity
1.2 Explanation of symbols
The following symbols are at the ATMOS HL 21 LED, at the rechargeable
LED battery or at the charging power pack. Please remember their meaning
.
Symbol "Pay attention to operating instructions".
This symbol shall draw your attention to the safety information contained in the
operating instructions. It serves as a reference to particular notes which are
important for the application of the headlight.
The CE identi cation symbol shows that this device complies with the appropriate
requirements of the EU guidelines.
Class II equipment
Type B device
SN Serial number
REF Order number
1.0 Introduction
5
2.0 Notes on safety
Prior to starting up the headlight ATMOS HL 21 LED, read these operating instructions carefully.
ATMOS cannot guarantee perfect functioning neither will it be liable for damage to people or property if:
• Any non-original ATMOS parts are used.
• The instructions for use contained in these operating instructions are disregarded.
• Assembly, resetting, alterations, extensions and repairs are not carried out
by people authorised by ATMOS.
No warranty rights shall exist in the event of damage or failure caused by the use of non-ATMOS accessories or non-ATMOS consumables.
Please make sure that the ATMOS HL 21 LED is used in the EMC area described in the Annex.
Only use the charging power pack supplied by ATMOS.
Exclusively use the headlight ATMOS HL 21 LED in connection with the rechargeable
ATMOS LED battery or ATMOS current sources.
Separation of the charging power pack from the supply is only guaranteed with the charging power pack being discon-nected from the power socket.
Prior to each application, check the device's functions and its proper condition. Damaged cables must be replaced immediately!
During each application, pay attention to proper seat of the headlight ATMOS HL 21 LED.Note: The headlight ATMOS HL 21 LED is not sterile! This fact might be important
for medical operations. Always make sure that you do not shine in patient's eyes resp. that the patient does
not look direct into the light exit as, otherwise,
EYE INJURIES MIGHT BE THE CONSEQUENCE.
Charging of the LED battery must be checked regularly as the light expires very
fast when the battery gets fl at.
When the headlight ATMOS HL 21 LED is applied by several users, regular cleaning and disinfection is necessary.
When not in use, switch off the headlight ATMOS HL 21 LED.
6
3.0 Intended use
Description: ATMOS HL 21 LED
Main function: Headlight for medical examination
Illumination of ori ces for the examination in the ENT  eld
OT-headlight:
Illumination of the operating  eld
Application: For the application on humans
Specifi cation of the
main functions: Due to the long-life light source with power-white light LED
(service life ca. 50,000h) in combination with a high-end-battery system the ATMOS HL 21 LED enables a homogeneous
illumination of the examination resp. operating  eld.
Application organs: Throat / nose / ear
Duration of application: Headlight for medical examination
Temporary application – the operation and application of the
headlight may only be performed by trained staff.
OT-headlight: For short-term application (max. 4 hours) – the operation and
application of the headlight may only be performed by trained staff.
Application environment: Headlight for medical examination Application environment are ENT clinics and practices
OT-headlight: Application environment are operating rooms
Contraindications: None
Sterility: Unnecessary
7
4.0 Setting up and starting up
4.1 Individual components of the headlight
Headlight ATMOS HL 21 LED  Charging power pack 12 V DC  Rechargeable LED battery  Connecting cable; length: 40 cm, 140 cm and 200 cm  Different mains plugs for charging power pack (Euro/UK/US/Aus)  Cable holder on headlight rack  Adjusting instruments on the headlight rack.
Extent of supply Extent of supply Extent of supply of Examination Set of OT Set of Unit Set REF 507.4505.0 REF 507.4506.0 REF 507.4507.0
1 Headlight 1 Headlight 1 Headlight ATMOS HL 21 LED ATMOS HL 21 LED ATMOS HL 21 LED 1 Charging power pack 1 Charging power pack 1 Cable 200 cm (Euro/UK/US/Aus) (Euro/UK/US/Aus) 1 Cable clip 1 Rechargeable LED batteries 2 Rechargeable LED batteries 1 Cable 40 cm 1 Cable 40 cm 1 Akkuhalterung 1 Cable 140 cm 1 Cable clip 1 Battery holder
Prior to dispatch, this ATMOS device was subjected to an extensive functional test and has been carefully
packed.
Nevertheless, please compare the contents of the shipment on completeness immediately upon receipt
(see following extents of supply).
Please document and report damages in transit immedia-tely. For complaints or return deliveries, please
use enclosed form QD 434.
Fig. 1. Single components
8
4.2 Adjustment to head measurement
At  rst, take the headlight rack incl. headlight (,  g. 2) and put it on a table in front of you.
Adjusting the headlight rack:
Depending on your head measurement, adjust the headlight rack gradually to a comfortable and correct position by means of the turning knob (,  g. 2).
The level of the headlight rack is adjusted by means of a strap (,  g. 2).
The lower edge of the headlight rack is to be positioned directly above the ears.
Fig. 2. Headlight ATMOS HL 21 LED
Headlight rack  Turning knob for adjusting the measurement  Strap for adjusting the level
The lower edge of the headlight rack is to be positioned directly above the ears.
Prior to  rst operation, pay attention to the safety information in chapter 2.0.
Prior to  rst use of the headlight, charge the LED battery by means of the supplied
charging power pack.
Prior to rst use of the headlight, charge the LED battery by means of the supplied
charging power pack.
4.0 Setting up and starting up
9
Fig. 3.
Cable holder Cable clip Front padheadlight connection
Fig. 4. Connection of LED battery
4.2 Adjustment to head measurement (contin.)
Take one of the enclosed connecting cables and join it with the headlight connection (,  g. 3).
Use the short connecting cable if you want to carry the LED battery on the headband.
( g. 8, page 11).
Use the long connecting cable if you want to carry the LED battery in your coat pocket, in your trouser
pocket or on your belt. This cable is also to be used if the headlight is to be
supplied from an ATMOS current source. If necessary, lead the cable under the front pad and through the cable holders in the joint of the headlight ATMOS HL 21 LED.
Use the enclosed cable clip (,  g. 3) to  x the long cable on your clothes.
Join the other end of the connecting cable with the socket on the rechargeable
LED battery ( g. 4) or with the current source in your ATMOS ENT examination unit.
Note: By means of its rear cable clip, the rechargeable LED battery can be  xed to your coat pocket, to
your belt or to the battery holder on the headlight ATMOS HL 21 LED.
4.0 Setting up and starting up
10
4.3 Functionality of the rechargeable LED battery
4.3.1 Capacity indication
Charging of the LED battery must be checked regularly as the light expires
very fast when the battery gets fl at. We recommend to change resp. charge
the battery when the capacity is <50%. As long as the test button (,  g. 5) of the rechargeable LED battery is pressed, the battery capacity is
shown for about 3 seconds (,  g. 5, green LEDs for levels 1 ... 5).
4.3.2 Charging the LED battery
Use the primary adapter  tting your power supply (Euro/US/ UK/Aus). See information
enclosed to the charging power pack.
To charge the LED battery, separate it from the headlight ATMOS HL 21 LED. Join round connector of the power pack cable with the socket (,  g. 6) on
the LED battery. During the charging process, the current battery capacity is indicated
(,  g. 5, LEDs for levels 1 ... 5). The battery is fully charged when all 5 LEDs expire again. During charging, operation of the headlight is impossible!
Fig. 6.
Connecting socket for headlight  Charging socket on LED battery
Fig. 5.
Test button  Indication of battery capacity (green LED)
Charging of the LED battery must be checked regularly as the light expires
4.0 Setting up and starting up
11
5.0 Operation
5.1 Different variants of the headlight ATMOS HL 21 LED
Fig. 7: Headlight ATMOS HL 21 LED with long cable, supply from the LED battery in the coat pocket or from a suitable ATMOS current source in an ENT examination unit.
Pay also attention to the respective operating instructions of the ATMOS ENT examination unit.
Fig. 8: Headlight ATMOS HL 21 LED with short cable, LED battery in battery holder on the headlight.
For removing the battery holder, proceed as follows:
Use the turning knob to adjust the headlight rack quite tight.
Remove the centric cover in the turning knob and then take a Philips head
screwdriver to remove the screw.
Remove the turning knob.
Remove the battery holder.
Add the turning knob again. Make sure that the tight adjustment of the headlight rack has not changed. Otherwise, the headlight rack is to be pushed toghether again.
Add screw and cover again.
Fig. 7. Headlight without battery holder
Fig. 8. Headlight with battery holder
Pay also attention to the respective operating instructions of the ATMOS ENT
examination unit.
12
Fig. 9. Focusing
Headlight rack  Focusing ring
5.2 Switching on
Adjust the lateral switch on the LED battery to the desired position:
ECO mode: operation for about 4 hours.
POWER mode: operation for about 2 hours.
5.3 Focusing the headlight
The size of the light spot can be adjusted by turning the focusing ring (,  g. 9).
5.0 Operation
13
6.0 Cleaning
The measures described for cleaning and disinfection are not intended to replace the
regulations applicable for the respective operation!
Always comply on principle with the relevant manufacturer’s information regarding
concentration and material compatibility!
Do not use any:
• Disinfectants containing organic or inorganic acids or bases since these may cause corrosion damage.
Disinfectants containing chloramines, phenol derivatives or anionic tensides since these may cause stress cracks in the plastics used.
When the headlight ATMOS HL 21 LED is applied by several users, regular cleaning and disinfection is necessary.
Do not touch the lens in the light object.
Fingerprints can be wiped down with a soft cloth. If necessary, you may use ethanol.
The surfaces can be cleaned with a moist cloth. If necessary, you may use ethanol.
Always comply on principle with the relevant manufacturers information regarding
concentration and material compatibility!
When the headlight ATMOS HL 21 LED is applied by several users, regular
regulations applicable for the respective operation!
The headlight ATMOS HL 21 LED cannot be sterilised.
The light body and the rigid headlight rack can be wiped down with a cloth moistened
with a surface disinfectant (see page 14).
The front pad can be cleaned using a brush, clear water and soap. If necessary, you may use a 70%-ethanol solution. The cleaning agent must not contain tuluol. The front pad may also be cleaned in the washing machine (30°). Nevertheless, it may not be spin-dried or be put in the tumbledrier.
Do not touch the lens in the light object.
14
6.1 Recommended surface disinfectants
Disinfectant Ingredients (in 100 g) Manufacturer
Incidin Plus Glucoprotamin 26,0 g Henkel, Düsseldorf (Application concentrate) Nonionic tensides Solvents, complexing agents
Dismozon pur magnesium monoperoxyphthalate Bode Chemie, Hamburg (Application concentrate) hexahydrate 80 g
Green & Clean SK alkyl-dimethyl-benzyl-ammonium (Application concentrate) chloride dialkyl-dimethyl-ammonium <1 g Metasys, Rum (Austria) chloride
6.0 Cleaning
15
Prior to each application, check the device's functions and its proper condition. Damaged cables must be replaced immediately!
The headlight ATMOS HL 21 is low-maintenance. However, the regulations and instructions applying to
the respective  eld of application have to be taken into account.
Maintenance or opening and repair of the ATMOS HL 21 LED (with exception of the cleaning work described in these operating instructions) may only be carried out by ATMOS or a specialist authorised by ATMOS. In this case, attention should be paid to the protective technical and hygiene measures plus the safety information in chapter 2.0.
For repair, this device can be returned to ATMOS.Prior to effecting a return shipment, clean and disinfect the device.
7.0 Maintenance and servicing
ATMOS cannot guarantee perfect functioning neither will it be liable for damage to people or property if:
Any non-original ATMOS parts are used.
The instructions for use contained in these operating instructions are disregarded.
Assembly, resetting, alterations, extensions and repairs are not carried out by
people authorised by ATMOS. No warranty rights shall exist in the event of damage or failure caused by the use of non-ATMOS acces-
sories or non-ATMOS consumables.
16
8.0 Trouble-shooting
Symptom
No light
LED battery cannot be charged
Cause
Remedy
LED battery is fl at
Cable is not correctly connected Cable is defective
LED battery is defective
Charging power pack is defective
Charge LED battery Connect cable New cable is required
New LED battery is required
New charging power pack is required
Prior to dispatch, the headlight ATMOS HL 21 LED was subjected to an extensive
functional test. If, nevertheless, a failure should appear, you may possibly clear it yourself if you follow these notes:
17
9.0 Accessories, spare parts, consumables
9.1 Accessories
Description REF
Connecting cable for LED battery, 40 cm.................. 507.4542.0
Connecting cable for LED battery, 140 cm................ 507.4541.0
Connecting cable for LED battery, 200 cm................ 507.4545.0
Clip - for xing the cable to clothes .......................... 507.4543.0
9.2 Spare parts
Description REF
Light body complete.................................................. 507.4537.0
Headlight rack........................................................... 507.4530.0
Universal battery quick-charging power pack ........... 011.1199.0
with primary adapters assortment (Euro/UK/US/Aus)
Cable holder.............................................................. 507.4536.0
9.3 Consumables
Description REF
Replacement LED battery (lithium-ionic)................... ..........507.4510.0
Front pad .............................................................................507.4535.0
Nape pad .............................................................................507.4533.0
18
10.0 Technische Daten
Charging power pack, 100...240 V~ 50/60 Hz; exchangeable primary adapters (Euro/UK/ US/Aus); secondary 12 V DC; 0.8 A via non-medical 1.8 m cable with DC plug 5.5 x 2.5 mm; protection class II; only for dry rooms
Rechargeable battery Charging with 12 V DC; approx. 120 min charging time after complete discharge; automatic switchover battery to compensation charging; capacity indication by 5 LEDs at the touch of a button and during the charging process; lithium-ionic battery with 3.7 V nominal voltage and a 1950 mAh capacity; at least 500 charging cycles possible; switch with 2 operating modes (Power and ECO): 120 min operation with full light performance and at least 240 min with reduced light performance; weight approx. 80 g
Light emitter White high-performance LED; Type 5500K; 2 watts; light spot focusing with a diameter of 25 to 55 mm in 25 cm distance to the eye
Headlight rack Head measurement adjustable from 50...64 cm, level 92...115 mm, weight with emitter: approx. 200 g
Connecting cable 40 cm, 140 cm and 200 cm long Ambient conditions Transport/storage -30 ...+50°C, 5...90 % humidity without condensing, air pressure
700...1060 hPa
Operation +10...+35°C, 20...80 % humidity without condensing, air pressure
700...1060 hPa
Regular safety Not necessary technical controls
Classi cation acc. to I
Annex IX EEC directions 93/42/EWG
Protection class II (charging power pack) (EN60601-1)
Protection category IP X0 Degree of protection Device / application part: Type B
CE identi cation CE
UMDNS-Code 11-963
GMDN-Code 11963
Issue of Technical Spei cations: 29.06.2011
Canadian Classi cation
Device group: Ophthalmology PNC 86KAF Risk Class 1 Description
19
11.0 Disposal
The headlight ATMOS HL 21 LED does not contain any hazardous goods.
The LED battery (lithium-ionic) must be disposed of correctly.
Prior to disposal, device and accessories must be de-contaminated.
Make sure that materials are separated carefully.
Pay attention to country-speci c regulations regarding the disposal.
20
12.1 Notes on EMC
Medical electrical equipment is subject to special precautions with regard to EMC and must be
installed acc. to following EMC notes.
Portable and mobile HF communication facilities can infl uence medical electrical equipment.
The use of other accessories, other converters and cables than stated may lead to an increased emission or a reduced interference immunity of the equipment or system.
12.0 Annex
The use of other accessories, other converters and cables than stated may lead to an increased
emission or a reduced interference immunity of the equipment or system.
21
The device may not be used when being set up directly besides another equipment resp.
when being stacked with other equipment. If, nevertheless, one of these arrangements is necessary, the device is to be observed to check its intended use.
12.0 Annex
22
12.0 Annex
23
P
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12.0 Annex
24
12.0 Annex
25
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12.0 Annex
MedizinTechnik
This document is copyrighted. Duplication, translations, microlming and savings on electronic systems, particularly for commercialpurposes are illegal without prior agreement of the manufacturer. All compiled data are based on manufacturers instructions. All logos, product names and designations used in this document are property of the respective manufacturer. We do not take over any warranty and liability in the case of missing inscriptions. Subject to modications and amendments.
1. General:
Our General Standard Terms and Conditions apply exclusively. Client’s
terms and conditions which are contrary to or deviate from our General
Standard Terms and Conditions are not recognised unless their validity
is explicitly confirmed in writing. Our General Standard Terms and
Conditions also apply even if we deliver to clients without reservation,
in the knowledge of the client’s contrary terms and conditions. Our
General Standard Terms and Conditions also apply to all future business
with that client.
2. Proposal - Order Confirmation
Our proposals are subject to change without notice unless otherwise
stated in our order confirmation. Each order is only accepted by us
following our written order confirmation.
3. Orders
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.
4. Prices
Unless otherwise stated in the order confirmation, our prices in the
order confirmation are ex factory prices and exclude packaging and
value added tax. Packaging is charged separately at cost price in the
invoice. 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 Conditions - Balancing
Unless otherwise stated in the order confirmation, our invoices
are payable with a 3% discount within 10 days (except for repair and
assembly services) or within 21 days from the invoice date net cash;
money receipts is decisive for complying with this term. We are entitled
to charge interest after the due date at a rate 2% above the relevant
basic interest rate of the German Federal Bank. Should the client have
payment arrears, we are entitled to charge interest on arrears at a rate
5% above the relevant basic interest rate of the German Federal Bank.
Should we be able to prove higher damages due to arrears, we are also
entitled to claim these. The client only has the right to balance invoices
against its own claims should such claims be confirmed in a court of
law or recognised by us. The client does not have the right of retention
due to disputed counterclaims.
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 coin-cidental 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 goods have left our factory or the client has been informed of
the goods’ readiness for delivery within such delivery periods. Delivery
periods stipulated by the client are not recognisedby 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 the 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 regardedas 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 compen-sationworth 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 - Familiarisation
In the case of the delivery of devices for the medico-technical industry
which require assembly and/or familiarisation for the final customer using
specialist trade personnel (such as Ear, Nose and Throat Apparatus and
Suction Units), we reserve the right to deliver the goods exclusively to
the relevant specialist traders. Should the trader not carry out assembly
and/or familiarisation 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 us all events and
risks which must be reported in connection with our products.
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.
9. Warranty
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, and should payment
conditions be fulfilled, we shall be liable to the client within the scope
of legal regulations. Our period of warranty shall in all cases be two
years. Our client can make use of the 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:
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 damage defects caused by
- operational wear and tear;
- incorrect installation or incorrect or insufficient maintenance;
- incorrect operation of the product (in contradiction to the operating instructions
delivered with the product); - improper use or operating faults; -
inappropriate or negligent handling and care, especially with respect
to dirt, lime, suction of fluids, inappropriate cleaning and sterilisation;
- using accessories and/or replacementparts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, temperatures, the power supply,
vibrations.
- accidents, acts of God, especially lightening, water, fire, public
unrest and insufficient ventilation. We arenot liable for damage to
other objects apart from our product itself, except in thecase 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 tthat 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.
- For second-hand equipment, the period of warranty shall be reduced
to a period of twelve months.
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 repre-sents
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 form 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
sale 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 the 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 retain ownership of and copyrights to all plans, illustrations,
calculations and other documents which are attached to our proposals.
The client must receive explicit written permission before passing these
on to third parties. Imitating our legally patented products is forbidden
and will be prosecuted.
12. Jurisdiction and Place of Performance
Our central office is the place of performance for all disputes in
connection with these General Standard 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 file counter-charges, 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 central office is the place of performance.
Lenzkirch, September 2008
ATMOS MedizinTechnik GmbH & Co. KG
79853 Lenzkirch/Germany
ATMOS General terms and conditions
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