Elos Medtech terms and conditions

Welcome to Elos Medtech

 

Any purchases made on this website will be subject to the terms and conditions set out below.

The products sold on this website are intended for sale to dental professionals only. Compliance with applicable laws and regulations is your own responsibility, and you undertake to hold us harmless for any non-compliance.Information provided on this website is for informational purposes only and is not a substitute for professional dental advice. The use of items sold on this website is the responsibility of the purchaser, and dentists and other healthcare providers shall always exercise their own judgment in any given situation. Sales to non-dental professionals are not intended and will be refused if known to us.

Please note that the information posted on this website enables you to submit purchase orders to us, but it does not constitute a binding offer from us to sell to you, and we reserve the right to decline orders for any reason. Only an express order confirmation constitutes a binding agreement, while a confirmation of receipt of your order is for informational purposes only.

We have obtained the approvals listed in the accompanying product specifications and we are responsible for maintaining the appropriate technical files. As a professional healthcare provider we require that you inform us in writing of any occurrences with relevance to the safety of the products.

If you establish an account with us, you are responsible for (i) maintaining the confidentiality of your account information, including your password, and (ii) all activity that occurs under your account, and you grant us permission to contact you by telephone or by email. We will not share your information with any third party.

All prices are exclusive of any applicable sales, customs duties, import or value added taxes as well as transportation and insurance charges. Such taxes and charges will be stated separately on invoices to the extend known by us.Valid VAT No. is required if Danish VAT shall not be added. Any charges and clearances required for import to your country is your own responsibility and you shall hold us harmless for any additional costs and expenses in this respect.

Delivery will be made to the address provided by you upon ordering. Although we will make every commercially reasonable effort to deliver in accordance with the delivery times stated, we do not guarantee that items will be delivered on time, and we disclaim any liability for delays. If we have not delivered within a reasonable grace period stated by you after the occurrence of a delay, you may as your sole remedy cancel your purchase without any liability.

Upon receipt of the items you shall inspect they are in compliance with your order. Any claim that items received are not in accordance with your purchase order must be made to us by sending an email to elosaccurate@elosmedtech.com within 5 working days after receipt as such claims will otherwise be rejected.

We warrant that the items sold conform to our specifications and that the items have been manufactured in accordance with good workmanship. This warranty is applicable for 12 months from the date of our delivery to you. Our sole obligation for breach of this warranty is, at our option, to repair the non-conforming item or send you a new item. A new warranty period of 12 months shall apply to such repaired or new item. No further warranties are granted. We disclaim any liability for (i) your use of the items, (ii) costs and expenses, except shipping fees, for any damage and loss resulting from improper installation or misuse and (iii) any damage and loss happened outside the scope of our responsibility, e.g. during shipment. It is your own responsibility to use the items in accordance with the accompanying instructions for use.

Orders submitted are binding and cannot be cancelled or changed. Any return of items purchased requires our authorization. Please send an email to elosaccurate@elosmedtech.com for further information. Subject to our approval of shipping agent, shipping fees are refundable to returns made as a result of our error. No other shipping fees are refundable. Prepaid shipping is required for all returns. Risk of loss and damage to returned items rests with you.

Patent protection has been applied for, or granted to, some of the items sold on this website. We reserve all rights and remedies in this respect. To the best of our knowledge the items we sell will not infringe any third party’s intellectual property rights. In the event of any claimed or threatened breach of such third party rights you shall allow us control of any dispute or litigation in order for us to obtain a license or otherwise settle the matter to allow your continued use of the item. If it is not possible on commercially reasonable terms to settle such matter, we reserve the right to refund your purchase price and pay shipment fees for your return to us of the item in question. We disclaim any further liability.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFIT, REVENUE, DATA OR USE INCURRED BY YOU OR ANY THIRD PARTY WHETHER IN CONTRACT OR TORT INCURRED BY USE OF THIS WEBSITE OR ANY ITEMS PURCHASED BY YOU FROM US. OUR TOTAL LIABILITY SHALL IN NO EVENT EXCEED THE LOWER OF EURO 50,000 AND THE PAYMENTS YOU HAVE MADE TO US WITHIN THE MOST RECENT 12 MONTHS BEFORE STATING YOUR CLAIM.

ANY CLAIM AGAINST US SHALL BE MADE WITHIN 6 MONTHS AFTER THE OCCURRENCE OF THE EVENT CAUSING THE CLAIM AS THE CLAIM WILL OTHERWISE BE FORFEITED.

You agree to indemnify, defend and hold us, our affiliates, shareholders, directors, officers, employees and agents, harmless from any claim, demand, liability, expense, or loss, including reasonable attorneys’ fees, for any claim made by you or by any third party pertaining to any liability in excess of the liability undertaken by us above.

These terms shall be governed by and construed in accordance with the laws of Denmark, without reference to its principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. Any dispute shall be submitted to the District Court in Hillerød, Denmark, except that we may at our option choose to bring a dispute before the local court with jurisdiction at your place of residence and subject to the laws applicable there.

These terms and conditions may be changed from time to time without notice. The last update was made 2nd of April 2012.

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