Terms & Conditions
Below are the general conditions of Van Os Medical Filed with the Clerk of the District Court in Middelburg on July 10, 1995 under number 197/95.
Article 1. Application
1.1. These general conditions apply to all offers and all orders accepted, up from goods or services by the contractor. A reference by the client to its own purchase or other conditions is not accepted by the contractor. Parties may deviate from these terms and conditions only legally provided it is expressly agreed in writing determined.
1.2. Subcontractor shall mean any person who refers in his offer to these terms and conditions. Customer means the person to which the aforementioned offer is addressed.
Article 2. Agreement
2.1. All our quotations are free and based on execution of the agreement by the contractor under normal conditions and during normal working hours.
2.2. Each assignment will be via a written order confirmation shall take effect from the date of such confirmation.
2.3. Mouth Lingen promises by and arrangements with subordinates of binding on the contractor only insofar as its confirmed in writing.
Article 3. Delivery
3.1. If a delivery date or week has been agreed, the delivery period shall be the period between the date of conclusion of the contract and the delivery date or week.
3.2. The delivery time is based on the time of the lutes of the prevailing working conditions and agreement on the timely delivery of the implementation of the work ordered by the contractor materials. If occurs through no fault of the contractor delay resulting from changes in the said working conditions or because the execution of the work in time ordered materials are not delivered on time, the delivery time extended as necessary.
3.3. Notwithstanding the other provisions of these terms and conditions with respect to the extension of the delivery time specified delivery time is extended by the duration of the delay caused by the part of the contractor, as a result of non-compliance by the client to any obligation arising from the agreement or require him to cooperate with regard to the implementation of the agreement.
3.4. If delivery is not made within a reasonable time, the customer may cancel the contract and recover any deposit.
Article 4. Transport and insurance
4.1. Business with an invoice amount to € 250 excluding VAT not be sent postage paid.
4.2. For express deliveries the additional costs borne by the client.
4.3. The product has been delivered by the silhouetted by the receiving of the consignment and services provided by the signing of the contract receipt. Immediately after the product has been delivered, the customer bears the risk for all direct and indirect damage to or by this product should arise, except for about shield to gross or willful misconduct of the Contractor due. If the client remains in default with the purchase of the product, the contractor will be entitled to the cost of storing the product to bring the client. The transport insurance is only included in the invoice amount of deliveries.
Article 5. Current and returns
5.1. The term of return is at Van Os Medical 7 days.
5.2. On orders must indicate clearly that it is a vision mission.
5.3. View Shipments are considered by us as normal deliveries, with the possibility to return the goods within the time limit and collected undamaged original packaging., This unless expressly agreed in writing another.
5.4. In case of damage to the goods we reserve the right to charge repair costs or replacement costs, or in exceptional cases, to reject any returns.
5.5. If consignments not be returned packing costs will be charged in the original packaging. In case a consignment does not lead to delivery order, the consignment for the first request of the contractor is free to be returned to him.
Article 6. Prices
6.1. The prices quoted by the contractor are exclusive of VAT and other sales and supply government charges and are based on delivery free house, provided with invoices over € 250 including shipping and handling and assembly and installation costs at the date of offer applicable sexton prices, except as otherwise provided in these conditions.
6.2. Contractor has the right all price-increasing factors, among which are realizing increased cost prices and rates for materials, labor, social security, taxes, transportation costs, (factory) prices of suppliers, as well as a realization of the agreement, to calculate the principal. If the price increase takes place within three months after the conclusion of the contract, the other party is entitled to terminate the agreement, unless the contractor to the price increase is required under statutory provisions. If the client does not respond in writing within 5 days after notification of the price increase, it is assumed that he agrees.
Article 7. Designs and drawings
7.1. The offer issued by the contractor, as well as manufactured by him or drawings, calculations, software, descriptions, models, tools, etc. remain his property, regardless of whether costs have been charged. The information that is contained in the foregoing, or underlying the manufacturing and construction methods, products etc. remains exclusively reserved than the contractor, even if costs charged. The client guarantees that such information, except for performance of the contract, not otherwise be copied without the express written consent of the contractor, to third parties, made known or used.
7.2. If we wish, for example, is not granted in case the contract drawings, etc. must be returned to us.
Article 8. Mounting and installation costs
8.1. The client must ensure that the necessary auxiliary equipment required for assembly, racks, as well as gas, water, electricity, steam, compressed air, heating and lighting time and free of charge, in the right place are at our disposal.
8.2. Installation costs will be calculated based on actual costs to the number of hours required for the preparation, assembly and the operational delivery of the equipment to install, plus additional costs of installation material and any special provisions. When previously agreed to do to pass the assembly against an established company, then the client must assert the interrupt outside our shield and stagnate e assembly work. Paid by the client are also all chiselling work or other construction work of any kind, as well as the construction of water, gas and electrical lines.
8.3. When the client setup etc. The facilities themselves want to perform, we must disclaim any liability if not immediately or within 8 days after receipt, any errors are specified. In that case, the contractor is only responsible for what previously agreed in writing. The guarantee is only valid if the system operated properly and used, which does not place any modification or repair, except by our own staff and the damage is not the result of normal wear and tear, improper handling or others are showers our shield for doing factors; and a completely different at our discretion.
Article 9. Retention of title
9.1. The ownership of the product, go to the client when all amounts due by the principal to the contractor under delivery or activities, including interest and costs in full to the contractor is paid.
Article 10. Payment
10.1. Unless expressly agreed in writing, payment must be made within 30 days of the invoice date.
10.2. When exceeding the 10.1 in. the contractor has said period without any notice it right to take him from the due interest charge to a rate of 4 points above the prevailing discount rate on bonds of the Dutch Central Bank.
10.3. If we have to relinquish our claims for collection, the amount shall be increased by 10% administrative costs, while the judicial and extrajudicial costs borne by the principal up to the purpose by our paid or owed, such including costs bankruptcy and cost commandeering of our property, appraisals etc.
10.4. Settlement is not allowed.
10.5. Complaints suspend the payment obligations of the Client.
10.6. The preparation and / or assembly of the delivered equipment or installations delayed beyond our control, may cause a payment of our invoices shall not be suspended, unless this matter is further consultation and the results are recorded in writing.
Article 11. Liability
11.1. The liability of the contractor is limited to fulfillment of the guarantee obligations described in Article 12 of these general conditions.
11.2. Except for gross negligence or intent on the part of the contractor, the applicability of the legal provisions on product liability as the implementation of the relevant EC directives have been adopted, and except as provided in paragraph 11.1., All liability of the contractor, such for business interruption, other indirect damage and damage resulting from liability to third parties excluded.
11.3. We will not accept any liability for mechanical, electronic or other adjustments, the resulting common faults, defects in the function than reducing security of any kind, which are used by third parties on our products unless those third parties working on our behalf .
11.4. The client is obliged to indemnify the contractor to steal harmless respectively in respect of all third-party claims for compensation of damage for which the liability of the contractor in these terms and conditions is excluded in the relationship with the client.
Article 12. Guarantee conditions
12.1. Warranty is provided on the proper functioning of the product delivered during the time and under the conditions given by the manufacturer. The guarantee covers repair or replacement of the defective part, or the entire product, at the discretion of the contractor. All costs above that some obligations as described in the preceding sentence, including but not limited to transport, travel and accommodation expenses as well as costs of disassembly and assembly, shall be borne by the client. The guarantee does not cover defects arising as followed by non-observance of operating and maintenance instructions, different from normal use, wear and tear, installation or repair by third parties improper repair by the customer, by the customer not original parts used and if the cause of the defect is located outside of the product.
Article 13. Force Majeure
13.1. Force majeure is defined in these terms, each of the will of the independent contractor circumstance, even if this was at the time of conclusion of the agreement was entered into, which permanently or temporarily prevents fulfillment of the contract, and insofar as not already included, war, threat of war, civil war, riots, strikes, lockouts, transport difficulties, fire and other serious disruptions in the business of the contractor or his suppliers.
Article 14. Complaints
14.1. Claims in respect of visible defects must be made immediately after discovery, suspicion within 8 days of the actual transfer of the case to the client, in a written, itemized statement of the client to the contractor. Claims in respect of non-observable defects must immediately after discovery, suspicion within 8 days after the expiry of the period as mentioned in a written, itemized statement to be made by the principal to the contractor. Exceeding the terms mentioned any claim against the contractor in respect of such defects. Actions with respect submit within one year after timely complaint under penalty of forfeiture to be brought.
14.2. Complaints will be dealt with within a reasonable time. If a complaint about goods delivered by us were right, we will be given the necessary time to replace the sold item or repair.
Article 15. Repairs
15.1. Repairs are executed at the prevailing rates, subject to the provisions of Article 12 of these terms and conditions.
15.2. Contractor is entitled to consider, in the performance of work, leave to stand by third parties.
15.3. All the tasks given to the contractor for repair, as well as parts thereof, whether or not the property belonging to the client during the period that are located under our supervision are insured.
15.4. The Contractor shall only replace the materials or goods to the client disposal if so requested explicitly by giving the command. Continues this request omitted, they are replaced with materials and goods owned by the contractor, without the client being able to claim any compensation.
Article 16. Suspension and termination
16.1. In case of inability to perform the contract due to force majeure is d contractor shall be entitled, without judicial intervention, either the execution completely or partially dissolve, without being obliged to pay any compensation. During the suspension the contractor is entitled, and at the end of which he is obliged to opt for implementation or full or partial dissolution of the agreement.
16.2. If the client does not properly or timely fulfill any obligation arising for him from the contractor agreement or a related agreement, or if the geodetic ground to fear that the command gusset is unable or will be able to meet its contractual obligations, as in the case of bankruptcy, receivership, closure, liquidation or partial transfer, whether or not as security, the business of the client, including the transfer of a significant portion of its claims, the contractor shall be entitled, without notice and without judicial intervention, either the execution of laths on each of these agreements for a maximum of six months or terminate in whole or in part, without that he will be liable to pay any compensation or guarantee and without prejudice to his rights. During the suspension the contractor is entitled, and at the end of which he is enlightened to opt for implementation or full or partial dissolution of the suspended contracts.
Article 17. Disputes
17.1. Subject to the applicability of paragraph 2 of this Article and to the possibility to request a preliminary injunction in summary proceedings to the President of the competent District Court in all disputes which may arise out of a contract to which the present delivery wholly or partly apply, or as a result of further agreements which are a consequence of such agreement, to the exclusion of the ordinary courts shall be settled by arbitration. This tribunal is appointed in accordance with the stat hours of the Foundation Board of Arbitration for Metal Industry and Trade, established in The Hague, and shall rule in accordance with the statutes of that Council.
17.2. Insofar as in the previous paragraph described disputes according to rules of Dutch civil procedure belong to the absolute competence of the subdistrict, the competent cantonal court will only resolve the dispute.
Article 18. Applicable law
18.1. All agreements to which these General Conditions entirely or partially apply, applicable Dutch law, prevailing for the Kingdom in Europe.
Article 19. Nullity
19.1. The fact that one or more of previous articles in followed by legislative measures and / or court decision not or are declared void, affect the applicability of these terms and conditions shall remain unaffected.
The warranty period commences on the date of purchase. If a product is defective within the warranty period, the product will be repaired or replaced. If Van Os Medical has not fully completed warranty registration of the customer, there must be a copy of the invoice with the date of purchase provided. Without a warranty registration or proof of purchase date, the warranty will begin on the date of the bill that Van Os Medical sent to the dealer. Repairs and replacements will be performed by an authorized Van Os Medical dealer service agent. To qualify for the warranty conditions, should meet your wheelchair with the required care, subject to the following requirements. Notify the appropriate Van Os Medical service agent immediately by giving full information on the nature of the problem. If you use the wheelchair outside the designated area of the Van Os Medical dealer must perform the warranty, the work can be performed either with each other, by the factory, service agent.
When a part of your product within 24 months from the date of purchase, repair needs or needs to be replaced, as followed by a factory or material defect, and the product is in possession of the original owner, the part or parts will will be repaired free of charge at the authorized dealer or replace. This warranty does not cover labor charges incurred in replacement.
Please note that this warranty is not transferable!
Replaced or repaired part will be covered by the same warranty as applicable on the total warranty of your product. Parts that are subject to wear are normally not covered by warranty, unless these parts have suffered through wear as a direct result of an original manufacturing defect. Among these components are eg: upholstery, tires, inner tubes and similar parts. The above warranty conditions describe all aspects of your product and funds which are purchased for those models for the normal retail price.
Under normal circumstances, no responsibility will be accepted if your product for replacement or repairs required as a direct result of:
- Failure to maintain your product and its components in accordance with the recommendations of the manufacturer or the non-use of specified parts.
- Damage to your product or parts by negligence, accident or misuse.
- Customizing your product or parts, different from the manufacturer's specifications or repairs done before the service agent is warned.
- If the product is not equipped with an original factory frame number and identification label as described in the manual.
Van Os Medical BV can not be held liable for any consequential or incidental damages whatsoever. If you use your product, notwithstanding the requirements in the instructions, you should consult with an authorized dealer Excel. For a mailing list, you can contact Van Os Medical Warranty is only valid in the Netherlands. Comprehensive warranty and conditions will be sent free of charge upon request. Warranty is valid for the product, only for the period indicated. If adjustments are made which have structural impact on the product, the warranty is void completely. For warranty service, contact the authorized dealer where you purchased your product. Read it prevents you not satisfactorily helped with regard to the warranty service, please write to Van Os Medical, Customer Service Department at the address below.
Van Os Medical
Industrial Reninierpolder II
Steenbergen, North Brabant
T: +31 (0) 167 57 30 20
F: +31 (0) 167 57 33 81