General Conditions

RMC mediX te Soest Nederland 

1. Principles and scope
1.1 The following terms and conditions of sale and delivery apply to all the sales activities of RMC mediX in the USA and in Europe  unless agreed otherwise in writing.
1.2 RMC mediX reserves the right to provide for the delivery of certain products via a different RMC mediX company than the one with which the order has been placed.
1.3 With the placement of an order, the buyer agrees to accept the following conditions. Additionally, RMC mediX and none of its subsidiaries are bound by the purchasing conditions of the buyer, even if such disagreement is not made explicitly. Only the RMC mediX conditions of sale are applicable, even if an order contains addenda or statements that are worded differently or provide for further conditions.

2. Prices
2.1 Unless explicitly stated otherwise, all prices are quoted in Euro for orders placed with any RMC mediX company.
Prices do not include value-added tax and/or sales tax. As a rule, all prices include the inner and outer packaging.
2.2 If for any reason the prices in RMC mediX's printed catalogue vary from the prices published on the RMC mediX website (www.rmcmedix.com), then the prices on the RMC mediX website shall prevail.
2.3 RMC mediX reserves the right to add a surcharge for smaller orders.
2.4 Shipping and handling charges apply to all shipments.
2.5 All prices are subject to change without notice prior to confirmation of an order, but no product will be shipped at increased prices without prior notification.
2.6 RMC mediX reserves the right to charge a fee on returned goods for re-assaying and restocking.
2.7 RMC mediX reserves the right not to full fill orders in the unlikely event the product can no longer be made or the customer is in arrears with any payment.

3. Placement of orders
3.1 Orders may be placed by telephone, fax, e-mail, letter or online through RMC mediX's website.
3.2 Offers and orders placed verbally or by electronic transmission shall only become legally binding if they have been confirmed via a sales order number from RMC mediX.
3.3 Orders received by RMC mediX are firm and binding for the buyer and do not release the parties concerned from their obligations) to deliver or to accept delivery, nor release them from their
financial obligations to RMC mediX.

4. Delivery and acceptance
4.1 Delivery terms may vary from country to country. For details check with your nearest RMC mediX sales office.
4.2 Agreed delivery deadlines refer to the shipment date of the goods. If the delivery deadline is exceeded, the buyer shall specify an appropriate period for acceptable late delivery of the
shipment.
4.3 Our liability in respect of non-fulfilment or delay of delivery shall be confined to the invoice value of the goods.
General Conditions of Sale
4.4 Our obligation to deliver shall be suspended so long as the buyer is in arrears with respect to commitments or payment obligations.
4.5 Operational disruptions, shortfalls or failures in delivery on the part of our suppliers, shortages of raw materials, power supplies and / or manpower, strikes, lockouts, problems in procuring means of transport, obstructions to traffic and incidents of "force majeure" exempt the party concerned from the obligation to deliver or to accept delivery for the duration of the disruption and for any consequential damages arising there from, but shall not exempt such party from any financial obligations arising from any goods or services already supplied.

5. Guarantee
5.1 RMC mediX guarantees the purity, identity and content of the delivered products according to the results of the analytical data sheet of the lot in question. However, it remains the sole responsibility of the buyer to determine the suitability of all materials for any intended or specific purpose of user prior to use. RMC mediX makes no warranties as to use for an intended or specific purpose, unless previously expressly agreed in writing.
5.2 The buyer shall test the goods immediately upon receipt to determine whether the condition and  quantity of the goods conforms to the applicable contractual agreement. Complaints in respect of deficiencies which are detected at the time of testing of the product must be lodged within 8 days of receipt of the goods. The complaint shall be submitted in writing with the name of the product, the lot number and the invoice number.
5.3 If the buyer lodges a complaint of deficiency or of inconsistency in good time, and if the complaint is justified, the buyer shall receive a replacement delivery. If the replacement delivery is also nonconforming to the prior contractual agreement, then the buyer has the right to demand the revocation of the contract.
5.4 Products which are the subject of complaint may be sent back only with RMC mediX's agreement and shipping arrangements for the return must be agreed upon by RMC mediX in advance.
5.5 Our liability is limited in each case to the value of the supplied goods.
5.6 RMC mediX can not guarantee full 100% protection against damages to the legs.

6. Use and liability
6.1 RMC mediX expressly draws attention to the fact that its products are intended for Personal use only.
6.2 RMC mediX expressly forbids the distribution of dangerous substances to private persons. RMC mediX shall therefore not accept any liability for damage that could arise from the inappropriate handling or from any use in household applications or in humans and animals. RMC mediX shall likewise not accept any liability for damage (to any property or person) that arises from handling or storage of the products.
6.3 If national or international laws or regulations are applicable to any shipment, including delivery, storage, processing or trading with certain products, then these shall be appropriately observed by the buyer.
6.4 All information contained in catalogues, brochures, publications and other printed or electronic media is compiled to the best of RMC mediX's knowledge. RMC mediX hereby disclaims any liability for any possible errors or misprints.

General Conditions of Sale

7. Proprietary rights
7.1 The products shall be supplied in each case subject to proprietary rights.
7.2 Until full payment of the purchase price, including all secondary claims, the supplied goods remain the property of RMC mediX. In the event of the supplied goods being used to create a new product, the proprietary rights remain with the vendor.
7.3 If the buyer fails to meet his financial obligations in spite of late notices, RMC mediX reserves the right to withhold any further deliveries to the buyer.

8. Terms of payment
8.1 Unless otherwise agreed in writing, RMC mediX's invoices are payable within 7 days from the invoice date without deduction. Overdue accounts are subject to a 1.5% monthly service charge
(18% annual, or the highest possible rate, according to applicable law).
8.2 Discount deductions on invoices are not allowed. Reductions in our invoices may not be made without a credit invoice or note and if made without a credit invoice or note, shall be considered
a late or short payment.
8.3 In the case of a new business relationship or for other reasons, RMC mediX may request pre-payment or other securities as it sees fit.

9. Patent claims, protection rights, consultancy
9.1 With any purchase, the buyer acquires the product but no other rights associated with the products. In particular, RMC mediX remains in possession of all intellectual property rights related to the manufacturing and composition of the products.
9.2 The use of trademarks in offers does not provide for the use of such trademarks. Permission for such use must always be obtained from RMC mediX by the buyer in advance and in writing.
9.3 RMC mediX does not offer any guarantee that the use or resale of our products will not violate the protection or patent rights of third parties.
9.4 RMC mediX agrees to offer its customers technical support to the best of its knowledge. All proposals by the vendor for the use, application or suitability of the products shall not be interpreted as an explicit guarantee of success.

10. Data protection
10.1 Data arising within the context of the contractual relations are kept on file.
10.2 The data shall be handled in conformity with the provisions of the local protection acts.

11. Place of jurisdiction and legal competence
The place of jurisdiction in case of disputes shall be Amsterdam, the Netherlands. We shall, however, be entitled at our discretion to bring an action against the supplier at another admissible place of jurisdiction. The law of the Netherlands shall be authoritative for the legal relationship with the exception of the uniform UN law on sale of goods (CISG).
11.2 If a provision in these conditions of sale or a provision in the context of other agreements are or become legally unenforceable, only that provision shall become null and void and all remaining provisions shall remain enforceable and in effect.

RMC mediX te Soest Nederland - Kamer van Koophandel: 32159544 - BTW Nr.: NL090069845B01 - january 2010