Terms and conditions of Medisch Handelen

These terms and conditions are those of Konstrui B.V., trading as Medisch Handelen, established at Grote Beer 57, 3893 DJ Zeewolde, the Netherlands, registered with the Dutch Chamber of Commerce under number 70356882, VAT number NL858287006B01. In these terms we refer to ourselves as "Medisch Handelen" or "we". This is a translation of the Dutch terms and conditions; in case of any difference, the Dutch version applies.

1. Applicability

1.1 These terms apply to all quotations, agreements and deliveries of Medisch Handelen: the sale of new and used medical equipment, instruments and materials, and the performance of maintenance, repairs and other services.

1.2 We supply businesses and institutions, such as veterinary practices, clinics, hospitals and healthcare providers. These terms are not written for consumers.

1.3 The customer's own terms do not apply, unless we have accepted them in writing.

1.4 Deviations from these terms only apply if they have been recorded in writing, for example in the quotation. If the quotation states something different from these terms, the quotation prevails.

2. Quotations and conclusion of the agreement

2.1 A quotation is valid until the date stated in it. If no date is stated, the quotation is valid for 14 days.

2.2 We offer used equipment subject to availability at that moment. If an item is no longer available after acceptance, we look for a comparable alternative in consultation with the customer. If that is not possible, the agreement lapses for that item and we refund any amount already paid for it. No further compensation is owed.

2.3 The agreement is concluded when the customer accepts the quotation. This can be done in writing, by email, by message or through the acceptance function in our online document system. An acceptance through the document system, with name and time, counts between the parties as a legally valid acceptance.

2.4 Whoever accepts on behalf of the customer declares to be authorised to do so.

2.5 Obvious mistakes or clerical errors in a quotation do not bind us.

2.6 Prices on our website are asking prices and do not constitute an offer. The price, currency, VAT and shipping costs are stated in the quotation, which is decisive.

3. Prices and payment

3.1 Prices apply in the currency stated in the quotation and are exclusive of VAT, unless the quotation states otherwise. Transport, insurance, installation and other additional costs are stated separately in the quotation or invoiced separately.

3.2 For the sale of equipment, instruments and materials, full payment in advance applies. We only order or reserve the goods after the payment has been received. The delivery time starts at that moment.

3.3 Invoices for services, such as maintenance and repairs, are paid by the customer within 14 days of the invoice date.

3.4 If the customer does not pay on time, the customer is in default without further notice. From that moment the statutory commercial interest is due, plus the reasonable costs we have to incur to collect the amount, with a minimum of € 150.00.

3.5 The customer may not suspend a payment or set it off against a claim on us.

4. Delivery, transport and risk

4.1 A stated delivery time is an expectation, not a firm deadline. Exceeding it does not entitle the customer to compensation or termination, unless the delay is unreasonably long and we still fail to deliver after a written notice with a reasonable period.

4.2 We deliver to the address stated in the quotation. We arrange the transport and insure the shipment, unless agreed otherwise. The transport costs are stated in the quotation.

4.3 The risk of damage or loss passes to the customer at the moment of delivery at the agreed address, or at the moment of collection from us.

4.4 The customer checks the delivery on receipt for external damage and completeness. Transport damage or an incomplete delivery is reported by the customer within 2 working days of delivery, with photographs. Later reports of transport damage are no longer handled.

4.5 If the customer does not collect goods or does not accept a delivery, we store the goods at the customer's expense and risk.

5. Retention of title

5.1 Delivered goods remain our property until the customer has paid everything owed to us for that delivery, including interest and costs.

5.2 As long as the retention of title applies, the customer may not sell, pledge or give the goods to another party for use. The customer keeps the goods carefully and insured.

5.3 If payment is not made, we may take the goods back. The customer grants access to the place where the goods are located for that purpose.

6. Condition of the goods and warranty

6.1 We sell used equipment and instruments in the condition they are in at the moment of delivery. We describe that condition in the quotation as accurately as possible, including known signs of use, operating hours and any defects. Photographs in the quotation show the item offered or a comparable item; we state which of the two.

6.2 Used equipment has been tested for operation at delivery, unless the quotation states otherwise.

6.3 We give no warranty on used goods, unless a warranty period is included in the quotation. If a warranty applies, it means that we, at our choice, repair a defect that occurs within the period, replace the item with an equivalent item, or refund the purchase price of that item against its return.

6.4 A warranty does not cover: lamps, light cables, cords, seals, hoses, batteries, filters and other wear and consumable parts; defects caused by incorrect use, incorrect cleaning or sterilisation, dropping, moisture, overvoltage or normal wear; equipment that has been opened, repaired or modified by the customer or a third party; and cosmetic defects that do not affect operation.

6.5 We deliver new goods with the warranty of the manufacturer or importer. We assist with a warranty claim, but do not guarantee it ourselves.

6.6 The customer reports a warranty claim in writing, with a description of the defect and photographs or a video, within 5 working days after the defect was discovered.

7. Responsibility of the customer

7.1 The customer assesses whether the equipment is suitable for the intended use in the customer's practice or institution. We advise to the best of our knowledge, but the choice and the use are the customer's responsibility.

7.2 The customer ensures that the equipment is used by qualified staff, according to the manufacturer's instructions, and that cleaning, disinfection, sterilisation, maintenance and periodic checks take place as is customary and prescribed for that equipment.

7.3 The customer is responsible for complying with the laws and regulations that apply to the customer's practice or institution, including rules on medical devices, registration, traceability and safety.

7.4 We deliver consumables and materials with an expiry date with the remaining shelf life stated in the quotation. The customer checks the lot number and expiry date on receipt.

8. Complaints, cancellation and returns

8.1 Defects other than transport damage are reported by the customer within 5 working days of discovery, and no later than 14 days after delivery for defects that should have been visible on a normal inspection.

8.2 A report does not entitle the customer to suspend payment.

8.3 Because we supply businesses, there is no right of withdrawal. Returning delivered goods is only possible with our written consent.

8.4 If the customer cancels an order after acceptance, the customer pays the costs we have already incurred or committed to with a supplier, plus 10% of the order amount for our work. Goods we have already purchased for the customer cannot be cancelled.

9. Maintenance, repairs and other services

9.1 We carry out maintenance, repairs, installation and advice at the hourly rate and call-out charge stated in the quotation or given in advance. Parts and materials are invoiced separately.

9.2 For these services we have a best-efforts obligation. We make every effort to find and resolve a fault, but do not guarantee that every fault can be resolved. Time spent on investigation is due, even if a repair turns out not to be possible.

9.3 For equipment not supplied by us, or that was already defective, we are not liable for the defect itself or for a deterioration resulting from an existing defect.

9.4 If it becomes apparent during the work that more is needed than agreed, we first consult the customer before continuing.

9.5 The customer ensures that the equipment is clean and disinfected when we work on it, and that someone who knows the equipment is present.

10. Liability

10.1 Our liability for damage is limited to the amount the customer has paid us for the delivery or service concerned, exclusive of VAT.

10.2 We are not liable for indirect or consequential damage, such as lost turnover or profit, downtime of the practice, costs of replacement equipment, loss of data, and damage to animals, patients or third parties arising from the use of the delivered goods.

10.3 The limitations in this article do not apply if the damage is the result of our intent or deliberate recklessness.

10.4 A claim for compensation lapses 12 months after the delivery or service to which the claim relates.

10.5 The customer indemnifies us against claims by third parties related to the customer's use of the delivered goods.

11. Force majeure

11.1 We are not required to fulfil our obligations as long as we are unable to do so due to circumstances beyond our control, such as a failed delivery by our supplier, transport problems, customs handling, illness, breakdowns, government measures or natural disasters.

11.2 If the force majeure lasts longer than 60 days, both parties may terminate the agreement in writing for the part not yet performed. Amounts already paid for that part are refunded. No further compensation is owed.

12. Confidentiality and data

12.1 Information that the parties exchange in the context of the agreement about prices, suppliers, stock and business operations is treated confidentially.

12.2 We process the customer's contact and company details only for performing the agreement and our administration, in accordance with the applicable privacy legislation.

12.3 On acceptance, our online document system records the name of the signatory, the time, the version of the document and technical details of the connection. We keep these details as evidence of the agreement.

13. Applicable law and disputes

13.1 Dutch law applies to all agreements with Medisch Handelen. The Vienna Sales Convention (CISG) is excluded.

13.2 In the event of a dispute, the parties first try to resolve it together. If that does not succeed within 30 days after a party has reported the dispute in writing, they submit the dispute to a mediator chosen jointly. The parties share the costs of the mediation.

13.3 If the mediation does not lead to a solution within 60 days, or if a party refuses to cooperate, the District Court of Midden-Nederland has jurisdiction.

13.4 We may change these terms. The terms that applied at the moment of acceptance continue to apply to a current agreement.