Terms and Conditions

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DELIVERY AND PAYMENT TERMS

General

  1. These Delivery and Payment Terms are part of all agreements and apply to all (other) actions and legal acts of the hearing care professional and the client in this regard.
  2. Deviations and/or additions to any provision in a contract and/or the Delivery and Payment Terms and Conditions are only valid if agreed in writing and relate exclusively to the contract in question.
  3. The applicability of general and/or special terms and conditions of the client is excluded unless the Hearing Care Professional has accepted the applicability of such terms and conditions of delivery and payment in writing.

Quotes and offers

  1. All quotations and offers, including catalogs, shall not bind the Hearing Care Professional and shall only constitute an invitation to place an order.

Agreements

  1. An agreement is concluded only if and to the extent that the Hearing Care Professional has confirmed it or has commenced performance of the agreement.
  2. All statements by the hearing care professional of numbers, sizes, weights and/or other indications are made with care. However, the hearing care professional cannot guarantee that no deviations will occur in this respect. Errors, such as calculation and writing errors, in offers, quotations, prospectus, publications, order confirmations, invoices and other documents originating from the hearing care professional will not bind the hearing care professional. Models or drawings shown or provided are only non-binding indications of the items concerned. Only if the client demonstrates that the delivered items differ from the statements of the hearing care professional or from the (trial) models or drawings to such an extent that the client cannot reasonably be required to take delivery thereof, the client shall be entitled to rescind the agreement.

Prices

  1. The applicable purchase prices are indicated on the price tags attached to the items offered at the hearing care establishment. The hearing care professional is entitled to increase these purchase prices if the circumstances on which the purchase prices are based change. Such circumstances include, inter alia, freight rates, import and export duties or other duties and/or taxes at home and abroad, wages, salaries and sector charges, changes in exchange rates and prices of raw and auxiliary materials. In the event of a price increase within three months of the conclusion of the agreement, the client has the right to dissolve the agreement.
  2. Orders confirmed by the Hearing Care Professional that have not been invoiced will be charged at the prices in effect at the time of confirmation, unless a situation referred to in Article 7 occurs.

Delivery time

  1. A delivery time quoted by the hearing care professional is based on the circumstances prevailing at the time of conclusion of the agreement and, to the extent dependent on performance by third parties, on the information provided to the hearing care professional by such third parties. The delivery time will be observed by the hearing specialist to the extent possible.
  2. If the delivery time is exceeded, the client is not entitled to any compensation in this regard. Nor is the client in that case entitled to dissolve the agreement, or to suspend its obligations under the agreement, unless the delivery time is exceeded to such an extent that the client cannot reasonably be required to maintain the relevant part of the agreement or not to suspend its obligations in that regard. Only in that case is the client entitled to rescind (the relevant part of) the agreement, or to suspend his obligations arising directly from the relevant part of the agreement.

Delivery and risk

  1. Delivery is made ex-office of the hearing care professional.
  2. At the time of the delivery described in Article 11, the risk regarding the delivered items shall pass to the client.
  3. If the client fails to take delivery of the articles or fails to do so in a timely manner, he shall be in default without notice of default. The Hearing Care Professional shall in such case be entitled to store the articles for the account and risk of the client or to sell them to a third party. The client shall remain liable for the purchase price, plus interest and costs (by way of damages), however, where appropriate, less the net proceeds of the sale to such third party.

Habituation period

  1. In the event that the Hearing Care Professional, prior to finalizing a purchase agreement, provides the client with items on loan on a trial basis or if in connection with a repair by the Hearing Care Professional, temporarily provides the client with items on loan, the risk for the items shall be borne by the client and the client shall be obligated to compensate the Hearing Care Professional for any damage to such items unless otherwise agreed in writing. Under no circumstances may the items loaned to the client on trial be used, modified, adapted or repaired by third parties. No third party may in any way infringe upon the parameters set by the providing hearing care professional. Items provided to the client on trial on loan must be returned to the hearing care professional within three months of receipt unless otherwise expressly agreed with the hearing care professional. If the aforementioned deadlines are exceeded, the items provided on loan shall be deemed to have been purchased by the client, whereupon the audiologist shall invoice the items.

Payment

  1. Unless otherwise specified, payment must be made within fourteen days from the date of the invoice. If the client fails to pay within the agreed period, he shall be in default from the due date of the invoice, without prior notice of default being required.
  2. The hearing care professional shall be entitled to charge statutory interest from the due date on the amount due, as well as the extrajudicial costs incurred in collecting the amount due, which shall be at least 15% of the principal amount, with a minimum of โ‚ฌ 100. Extrajudicial costs shall in any case be due if the hearing care professional has secured the assistance of a third party for the collection of the debt.

Retention of title

  1. Ownership of items delivered to the client shall pass to the client only after the client has paid in full all that he owes or will owe to the hearing care professional with respect to items delivered or to be delivered, including the purchase price, any surcharges, interest, taxes and costs due under these terms and conditions or the agreement.

Warranty

  1. The warranty to be provided by the hearing care professional shall be equal in duration and scope to the warranty provided by the relevant manufacturer, importer or supplier. The Hearing Care Professional’s obligations under this warranty shall lapse in the event that the items delivered by the supplier are modified.
    19. The warranty implies that items which are defective in material and/or workmanship will be repaired or replaced at the discretion of the hearing care professional.
  2. For repairs made, the Hearing Care Professional is responsible for the duration of the original warranty period, with a minimum of two months, after the client receives the repaired items back.
  3. Outside the warranty are defects in the items, which have occurred as a result of normal, wear and tear, or any external cause.

Liability and indemnity

  1. The hearing care professional shall in no event be liable for any damages of the client or third parties, including consequential and immaterial damages, unless such damage is caused by intent or gross negligence on the part of the hearing care professional or liability arises under Title 3, Part 3, Book 6 of the Dutch Civil Code.

Force majeure

  1. If the Hearing Care Professional cannot fulfill her obligations to the client due to a non-attributable failure (force majeure), such obligations shall be suspended for the duration of the force majeure condition.
  2. If any state of force majeure has lasted for two months, both parties have the right to rescind the contract in writing in whole or in part.
  3. In case of force majeure on the part of the Hearing Care Professional, the client shall not be entitled to any compensation or damages, even if the Hearing Care Professional should gain any advantage as a result of the force majeure.
  4. Force majeure on the part of the hearing care professional shall mean any circumstance beyond the control of the hearing care professional as a result of which the performance of its obligations to the client is prevented in whole or in part or as a result of which the performance of its obligations to the client cannot reasonably be required of the hearing care professional, regardless of whether or not such circumstance was foreseeable at the time the agreement was concluded. Such circumstances shall also include strikes, lockouts, fire, machinery breakdowns, stagnation or other problems in the production by the hearing care professional’s suppliers and/or in the hearing care professional’s own or third party’s transport and/or measures taken by any governmental authority, as well as the absence of any governmental permit.

Default/dissolution

  1. If the client, does not, does not properly or does not timely fulfill any obligation that may arise for him under any agreement or these terms and conditions, the client shall be in default without notice of default and the Hearing Care Professional shall be entitled:

– suspend the performance of that agreement and directly related agreements until payment is sufficiently secured;

– and/or dissolve the agreement and directly related agreements in whole or in part;

Without the Hearing Care Professional being liable for any compensation and without prejudice to the Hearing Care Professional’s further rights.

  1. In the event of (temporary) suspension of payment or bankruptcy of the client, or placement of the client under guardianship, all agreements with the client shall terminate by operation of law, unless the hearing care professional notifies the client within a reasonable period of time that he/she requires performance of all or part of the relevant agreement(s), in which case the hearing care professional shall be entitled, without notice of default, to suspend performance of the relevant agreement(s) until such time as payment has been adequately secured, without prejudice to the hearing care professional’s other rights.

In each of the cases mentioned in paragraphs 26 and 27, all claims of the Hearing Care Professional against the client shall be immediately due and payable in their entirety.

Choice of law and competent court

  1. The agreement and these terms and conditions are governed by Dutch law.
  2. All disputes arising out of the agreement or these terms and conditions shall, to the extent not otherwise required by law, be subject to the judgment of the competent court of the hearing specialist’s place of residence.
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