1. The supply, performance and offers of MediSense, are based exclusively on these Terms and Conditions. Offers and quotations are in principle subject to change; the right to sell the goods elsewhere is reserved. Changes occurring as a result of manufacturers’ price increases will be advised prior to delivery, so that orders can be withdrawn if required. Ordering which differ from our Terms and Conditions will now be rejected. Supply by us does not imply recognition of ordering Terms and Conditions of our customers. Differing Terms and Conditions are valid only when in writing.
2. Unless otherwise advised, prices are Ex-Works Groningen. Please check the page “delivery and returns” for the shipping costs. Please note that we deliver our goods incoterms DAP. The buyer is responsible for import clearance and any applicable local taxes or import duties.
3. Shipping is at customer’s risk, which applies from departure of goods from warehouse until arrival at customer’s premises. Insurance will be taken out only at the express wish of the customer, and in which case a surcharge of 1% of the value of the goods will be applied. Any damage occurring during transportation is to be reported immediately in writing. Damage procedure is to be followed in accordance with the regulations of the Carrier.
4. Our responsibility is limited to the return of items not in perfect condition. Other demands, as far as no intent or gross negligence of tax unit representatives exist, are excluded.
5. MediSense is allowed to make part- or total delivery of customer orders. If, due to unforeseeable and blameless incidents on our part or that of our suppliers, shipping is delayed, the delivery period of MediSense is proportionately extended. Should delays exceed 2 weeks or a standstill takes place at our premises or those of our suppliers we have the right to withdraw from the contract. Any claim for damages due to a delayed order will be refused, as it would have as its root a violation of contract by intent or gross negligence on our part or that of our agents.
6. Full payment for orders must been received by us due to agreed payment condition. Should this limit be exceeded we are entitled to charge interest at the rate of 2% over the interest on current bank accounts. In the event of a repeated payment delay in respect of different invoices a new delivery will automatically result, with payment-on-delivery. Deliveries remain our property in their entirety until the customer has settled outstanding obligations fully. In the case of payment by transfers and cheques the encashment day applies. The customer has the right to resell the goods in a proper business manner. The customer transfers to MediSense all demands from the re-sale of the goods in question, now already at the rate of the invoice value of the goods. However, the customer – if abiding by the contract and able to pay – is entitled to recovery. If MediSense so requires, its customer is to notify it of the transferred demands, those of the defaulters and the invoice value of the resold goods, to submit all required details relating to collection, to distribute the relevant documentation and inform defaulters of the transfer. MediSense undertakes to discharge guarantees belonging to it, in so far as its value exceeds the demands to be guaranteed by 20%. In the event of delay in payment by the purchaser the demands of MediSense will apply fully. The customer is to immediately bring to the notice of MediSense any encroachment on property rights by third parties by advising the address of the third party. Full costs resulting from intervention are to be borne by the customer. So long as MediSense has the property rights of the merchandise it, or an authorised representative, is at all times entitled to be satisfied of its existence and condition. The customer ensures free access to the storage area of the goods to MediSense. Should customer payment be delayed, right of ownership of the supplied goods is forfeited, furthermore the right to re-sell and processing or connecting to other articles. Utilisation of right of access by MediSense includes collection of the goods from the customer’s premises and, by direct sale, otherwise disposes. The costs of this or accrued losses are the customer’s responsibility.
7. Requirement for supply is the unconditional credit-worthiness of the customer. If, after concluding a contract, we receive information which suggests that granting of credit for the amount of the contract is not absolutely unquestioned – or if facts emerge which cast doubts in this respect, particularly deterioration of financial position, payment stoppage, deterioration of business prospects, application for settlement or bankruptcy, dissolution of business, or if the customer pawns stock, outstanding accounts or purchased goods or orders as security for other creditors, or – despite reminders – does not pay, we are entitled to demand payment-in-advance or guarantees. If the customer does not provide payment-in-advance or guarantee within 1 month’s notice we are entitled to withdraw from the contract.
8. All of our products are in brand new condition. If you want to return a product you can do this within 14 days after day of receipt. The costs for returning the product to us has to be paid by you. When returning a product please make sure that the product is not used and in brand new condition, otherwise we will not accept the return. Please contact us before you want to return a product to us. For hygienic reasons the taste and smell tests are not returnable, also products with limited shelf life (such as smell tests and taste strips) cannot be returned. The right of withdraw applies only to consumers (retail customers). Are you a business customer (registered with the Chamber of Commerce), you can not invoke the right of withdrawal.
9. We will provide you with a invoice including our official VAT number.