General Conditions of Sale

Application

The General Terms and Conditions of Sale issued by John Dental Instrument (Seller) shall apply exclusively. These General Terms and Conditions of Sale shall only apply in relation to a natural or legal person or a partnership with a legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession. The Seller does not accept any terms and conditions of it is a contractual partner (Purchaser) unless Seller has expressly agreed in writing to their application.

Quotations and Contracts

Our quotations are subject to confirmation and are not binding. Acknowledgements and all orders only become valid and binding after having been confirmed by us in writing or email, mail or fax. The same is true in the case of additions, alterations or supplemental agreements.

Offer and Acceptance

An offer in writing shall be made by the purchaser and the seller will accept an offer in an agreed time. If the Purchasers financial circumstances and/or credit rating or reference change for the worse after signing of the agreement or in the event that such circumstances, already existing at the moment of signing, emerge retroactively, Seller is entitled to withdraw from the contract, if Purchaser is not willing to provide an advance payment or security at the Sellers request.

Confidentiality

Purchaser is obligated to keep confidential all our technical, scientific, business-related or other information even after contractual relationships between Seller and Purchaser have ended. This confidentiality obligation shall not include any information that is lawfully known to the public or to information that may be disclosed by the sellers' written approval.

Prices

The prices given in the current price list issued by the Seller are non binding and quoted ex-works (EXW) net.

Delivery and passing of risk

The delivery dates require specific written confirmation by the Seller. The products shall be deemed to have been delivered if the Seller is willing and able to deliver but is prevented from doing so by the Purchaser on the agreed date.

The products are delivered ex-works (EXW).

The supply of products is made at the risk and expense of the Purchaser even if the Seller bears the costs of shipment.

If the products cannot be delivered as a result of instructions given by the Purchaser, then the Seller is entitled to store the products at the risk and expense of the Purchaser. The date of storage is then deemed to be the delivery date and the warehouse receipt replaces the delivery documents.

Payment

The purchase price is due and payable in CAD $ net and payable as agreed.

Any cash discount or deductions applicable will be specified on the invoice. The payment shall be deemed to have been made on the date when the amount in question has been received by the Seller or has been booked to the Seller's bank account.

The Purchaser shall be entitled to withhold or to offset payment only insofar as the purchaser's counterclaim is acknowledged, undisputed or assessed in a legally binding judgment.

Return of goods

Goods may be returned/exchanged within 2 weeks after receipt. The condition for this is that the purchaser must return the goods in their original packaging, with an indication of the reason. The goods must be returned to us free of charge. 

Purchaser shall assert apparent defects on products within 7 days after receipt of the products in written form. Latent defects on products shall be reported within 7 days after their appearance. Obvious damage to products, which is apparent at the moment of delivery, shall be notified to the forwarding agent or carrier at the time of delivery. In case of non-conformity of the goods the Purchaser is entitled at its discretion, to either a repair or replacement product at the Sellers cost. If the repair or replacement product fails, the Purchaser is entitled to reduce the purchase price by the value of the failed product or to terminate the contract in relation to the failed product only. Warranty claims shall be time-barred after 12 months of delivery of the products to the Purchaser (EXW). The Sellers liability shall be limited to intent, gross negligence and fundamental breach on the Sellers part or by the Sellers agents or representatives. 

Eligibility for Online Orders

Our online products are offered exclusively for dental professionals and dental-related use. Unfortunately, we are unable to process orders that are not related to the dental field. We apologize for any inconvenience and appreciate your understanding.