General Conditions of Sale
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.
Drawings, photos, dimensions, weights or other data are only binding if this has been agreed upon in writing.
Should the products delivered by the seller be specified for further distribution, then the purchaser/reseller is obligated to ensure that he and the additional buyers create sufficient records on the destination of the products and keep them for the entire life span of the products.
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.
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.
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.
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.
Retention of Title
The products remain the property of the Seller until all its claims against the Purchaser have been satisfied.
As long as title in the goods has not passed, Purchaser shall handle the products with due care, maintain suitable insurance for the goods and, to the extent necessary, service and maintain the goods. Furthermore, the Purchaser shall bear the costs for any necessary investment, for example, maintenance work and inspections.
In the event the products supplied by the Seller are resold or transferred to a third party for any legal reason before payment has been effected in full, the Purchaser shall have been deemed to have assigned to the Seller all rights and claims, including all ancillary rights towards his customers, resulting from the sale of the products. In case of processing, combination or mixture of the goods as determined, the value of the assignment equals the amount of the invoice value of the goods of the Seller which have been used for this purpose.
Conditions of return (outside of warranty)
At the transfer of the risk, defective parts must be repaired or new parts delivered without compensation, at our option. Every defect must be immediately reported to us in writing, the defective part must be sent to us free of freight and postage. Replaced parts become our property.
We must be provided with the necessary time and opportunity to undertake all necessary repairs and replacement deliveries; otherwise, we are released from liability for consequences arising therefrom. Only in urgent cases of the endangering the operational safety and for the defence of disproportionably major damages is the purchaser authorized to repair the defect himself or through third parties and to demand compensation of the expenditures. In this case, we must first be given the opportunity for repair or the delivery of replacement parts.
We will bear the costs of replacement parts only to the extent that the complaint is found to be justified. All remaining costs shall be borne by the purchaser.
In particular, no warranty will be assumed in the following cases: Use which is unsuitable, improper or not in accordance with the contract, incorrect assembly or operation by the Purchaser or third parties, natural wear, incorrect or negligent handling, improper maintenance, unsuitable equipment, changes undertaken to the delivered object without our prior consent, chemical, electrochemical or electrical influences, to the extent that we are not responsible for them.
We are not liable for consequences arising from improper delivery or replacement delivery by the purchaser or a third party.
Parts or material delivered by the purchaser for processing or as a supply for the execution of an order will not be inspected by us for obvious defects.
Only the direct purchaser is entitled to warranty claims and they are not assignable. Warranty claims for used goods are excluded.
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. Special designs, revisions, discontinued models, as well as items that are not listed in the sales documents of the seller, are generally excluded from return.
Warranty and liability
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. The Sellers' liability for death and personal injury shall remain unaffected.