- These general terms and conditions are applicable to all requests, offers, assignments, purchase orders, order confirmations and Agreements of Canamed, insofar as the parties have not expressly deviated from these general terms and conditions in writing.
- All offers of Canamed are subject to contract and Canamed expressly reserves the right to change the prices, in particular if this is required in pursuance of (statutory) provisions.
- Canamed shall be authorised to refuse orders, without stating its reasons, or to impose certain terms and conditions on the delivery, unless expressly determined otherwise.
- The indicated prices for the products and services offered by Canamed are expressed in EUR, including VAT, or any other possible taxes and/or other duties, unless indicated or stipulated otherwise in writing.
- If the prices for the offered products and services increase in the period between the order and the implementation thereof Client shall be authorised to cancel the order or to dissolve the Agreement within 10 (ten) days after notification of the price increase by Canamed.
- Canamed will be entitled to adjust its prices each year at least by a cost-of-living adjustment.
- The delivery dates indicated by Canamed are only approximate. A stated completion or delivery date may therefore never be considered as a firm deadline. If a term is exceeded, Client should give Canamed written notice of default and grant it a reasonable period of time to comply as yet.
Delivery and risk
- All deliveries take place ex works (EXW) Canamed. The risk in respect of the goods shall therefore be at Client’s expense during the transport. Canamed is free in the choice of loading, means of transport and forwarder/carrier, unless stipulated otherwise.
- Canamed is free in the choice of loading, means of transport and forwarder/carrier, unless stipulated otherwise.
- Canamed reserves the right to afterwards invoice additional costs incurred for, by or for the benefit of the transport. This also applies to costs incurred for the preparation of customs documents, storage for the benefit of inward clearance or delay, for any reason whatsoever, or in any other case. Client is entitled to personally provide for the transport or to personally organise a carrier, and such in consultation with Canamed and upon establishment of the delivery conditions (ex works).
- Client will be obliged to inspect the delivered goods, or have others do so, upon their delivery or transfer. In doing so, Client should inspect, inter alia, whether the quality and quantity of the goods supplied are in accordance with the Agreements made. Any visible defects and deviations must be stated on the packing list/invoice and reported to Canamed in writing within 48 hours, in default of which the goods delivered will be presumed to be sound.
- Client should communicate to Canamed any complaints pertaining to performances delivered verbally and in writing immediately during such performance or, if this is not possible, in writing within eight days of the relevant performance. The notice of default should specify the defect in as much detail as possible, so as to enable Canamed to respond adequately.
- Complaints with regard to quantities, volumes and/or products incorrectly ordered by Client are not accepted by Canamed
- In the event of any unfounded complaints, Canamed will be free to charge Client the costs of investigating the relevant complaint.
- Client is only permitted to return products to Canamed with consent of and in Agreement with Client’s sales contact person at Canamed who shall provide Client with a return number.
- Only goods with a return number in original, unopened and solid packaging are taken back. However, should Client return goods without consent of Client’s sales contact person then Canamed cannot take receipt of the goods and shall refuse the return shipment upon arrival. The thereto related costs shall not be reimbursed by Canamed.
- If it has become impossible or pointless to perform repairs, Canamed will be liable only within the limits of the Article 14 ‘Liability’.
Orders / communication
- Canamed shall not be liable for misunderstandings, delays or improper transmissions of order data and communications as a result of the use of the internet or any other means of communication in the traffic between Client and Canamed or between Canamed and third parties, to the extent related to the relationship between Client and Canamed, unless and to the extent that there may be question of intent or gross negligence on the part of Canamed.
- The final responsibility for the inspection of the correctness of numbers, products, delivery address and delivery instructions of the order confirmation is borne by Client.
- The additional costs possibly incurred by Canamed due to incomplete or incorrect delivery instructions on the order confirmation are at Client’s expense.
- Costs with regard to forwarding, exchange, and the like due to incorrectness of the order confirmation checked by Client is at Client’s expense.
- The products and services delivered and supplied by Canamed cannot be resold by Client under the name of Canamed and/or under the product name of Canamed. Nor can Client use the name Canamed for marketing and advertising purposes. If Canamed permits, whether or not tacitly and during a short or longer period of time, deviations from these general terms and conditions then this shall not affect its right to yet claim immediate and strict compliance with these general terms and conditions.
- If one or more provisions of these general terms and conditions or any other Agreement with Canamed is in breach of any applicable statutory provision then the relevant provision shall expire and be replaced by a new legally permissible comparable provision to be established by Canamed