Article. 1 – Definitions
Lomed: Lomed Netherlands B.V.
Dispute: Situation where Lomed and customer disagree.
Customer: The (legal) person who purchases products and/or services from Lomed.
Agreement: The (purchase) agreement to which these terms are applicable.
Specially manufactured products: Products that are tailor-made for the customer or otherwise specially manufactured or formulated according to the customer’s wishes.
Hidden defect: Unseen, or otherwise unobservable, the existence of which appears only after the delivered product is further processed or used.
Visible defect: A visible or (after simple examination) noticeable lack of the delivered product.
Article. 2 – Quote and order
- A quote is a non-binding offer, unless Lomed has expressly determined otherwise.
- Cancellation of a (part of the) order or the exchange of products is possible up to 8 days after invoice date. Specially manufactured products or products that are specially ordered but are not part of the standard range, so-called “special purches” cannot be returned or credited.
- When returning, the customer follows Lomed’s instructions regarding the shipping method. The products to be returned must be in unused, original condition and have the attached labels. Products can only be returned in the original packaging.
Article. 3 – Delivery and transport
- The delivery took place when:The goods are picked up by or on behalf of the customer: at the time of receipt of the goods by the customer or the third party acting on behalf of the customer, for example the (professional) carrier engaged by the customer. The goods are transported by or on behalf of Lomed: at the time of 1st offer or delivery of the goods to the delivery address specified by the customer.
- From the moment of delivery, the goods are at the customer’s risk.
- The costs of transporting the goods in connection with delivery shall be borne by the party which regulates the transport. For
- to the extent that the goods to be delivered are transported on lomed’s behalf, they shall be shipped as cargo or order goods. If the customer wants the goods to be transported as an emergency shipment or with special transport, the additional costs that result will be borne by him/her.
- By way of derogation from paragraph 3, where Lomed arranges the transport of a delivery of goods whose value is less than € 100.00 excluding VAT, the shipping costs are at the customer’s expense.
- By way of derogation from paragraph 3, when Lomed arranges the transport of a delivery of goods abroad, any additional shipping costs are borne by the customer.
- The following provisions apply to the insurance of the goods during transport: If the goods are picked up by or on behalf of the customer: the customer takes care of the insurance in a manner appropriate to him/her and the costs thereof are borne by him/her. In the event of damage, the customer settles the damage with the insurer. If the goods are transported by or on behalf of Lomed: Lomed takes care of the insurance for the benefit of the customer up to the amount of the selling price of the goods and takes care of the costs thereof. Be insured against the normal transport risk and not against molest and/or other extraordinary risks. In the event of damage, Lomed settles the damage with the insurer.
Article. 4 – Reservation of ownership
- Lomed shall remain the property of all goods supplied or delivered under agreements until that has been nullified by payment by the customer.
- Goods shall be deemed not to have been paid if the customer has not demonstrated the payment thereof.
- The customer is obliged to present the goods to Lomed at lomed’s first request and, in the event of a default, return them to Lomed. Lomed credits the customer’s market value within 8 business days of the day of the repossession of the repossessed goods.
- The customer is not authorized to dispose of or object to the goods covered by the reservation of ownership. However, the customer is permitted to sell and transfer these goods to third parties within the framework of the normal exercise of his business. This consent shall be void by law at the time when the customer is in any way deficient in respect of the claims for which the reservation of ownership applies, obtains provisional suspension of payment or is declared bankrupt. The customer may under no circumstances allow the matters covered by the reservation of ownership to be secured by third parties.
- The customer is obliged to insure the goods referred to in paragraph 1 of this Article against the risks of fire, theft, storm and water damage, in such a way that the insurance policy in question includes the clause that the insurance also runs on goods from third parties who are interested in entering into the insurance or will become interested during the life of the insurance. The customer shall not be permitted to give any claims to his insurer under insurance referred to in this paragraph, in so far as the goods referred to in paragraph 1 of this Article are covered, or to provide third parties with security in the broadest sense of the word. Benefits relating to damage and loss of goods referred to in this Article shall replace those goods.
Article 5 – Advertisements
- Customer is required to (do) investigate the matters immediately upon delivery at least within the shortest possible time frame. In doing so, the customer should examine whether the quality and quantity of the cases correspond to what has been agreed, at least meets the requirements, which apply in normal (commercial) traffic.
- Advertisements relating to visible or otherwise discernible defects can only be made known if the customer makes as accurate a statement to Lomed as possible of the nature and grounds of the advertising within 8 working days of delivery. The relevant order number/invoice number and the relevant item number(s) of the advertised articles must be clearly indicated.
- Advertising rights may only be exercised in respect of matters which are still in the state in which they were supplied, except where the advertising is hidden defects or the defects only appear during or after further processing or use of the product.
- Minor deviations in quality and/or quantity deemed permissible in the market, or technically unavoidable, cannot provide grounds for advertising.
- Hidden defects should be reported to Lomed within 8 working days of their discovery. The nature and grounds of advertising, the relevant order number/invoice number and the relevant item number(s) of the advertised articles must be reported.
- In the case of a justified advertisement, Lomed has the right to restore the advertised items or to replace the business by other items in accordance with order.
- Returns relating to the exercise of advertising rights, which have not been preceded or accompanied by the conditions set out in this Article, shall not be permitted. The cost of returns is at the customer’s expense.
- Lomed may store improperly or unlawfully returned items for the customer’s expense and risk. With regard to the costs associated with unauthorized returns and the measures taken by Lomed in response, his specified statement to the customer is binding subject to rebuttal. The customer is obliged to carefully package and ship and to ensure the items to be returned. He is liable for damages, caused by his negligence.
Article 7 – Payment
- All payments must be made by wire transfer no later than the last day of the agreed payment period (= maturity), at no cost to Lomed in the case of bank transfers, or other charges related to the payment system, and without deduction of costs or discounts for which the customer did not receive a credit note or other declaration of agreement from Lomed at the time of payment.
- In the case of payment via bank or giro account, the date of payment shall be the date on which the amount in question is credited to Lomed’s bank account.
- Lomed is not obliged to make the customer aware in advance of the expiry of a claim or to send him account statements etc. unless this is emphatically agreed otherwise.
- The customer who has not paid by the due date of an invoice is in default without any warning or default to Lomed.
- The defaulting customer is liable to Lomed for costs caused by his lack to cover out-of-court collection costs. The amount of that fee corresponds to the percentage as stated in the Out-of-Court Collection Costs Act and is calculated on each invoice amount that is or has been overdue, with a minimum of € 40, = per invoice. In addition, the statutory interest rate of 2. This is separate from any legal costs determined by the court if a claim has been dismissed by Lomed or a third party on Lomed’s behalf.
- Lomed has with the customer who has not paid on time or , where appropriate, who is no longer insurable according to a credit insurer, without prejudice to his other rights as a result of these conditions and/or the law the right: a. Guarantee for payment and/or prepayment and/or immediate payment upon initial offer of the goods to the customer (cash on delivery) to require for all ongoing agreements between Lomed and customer;b. Suspend supplies of the goods without prejudice to its right to claim security for payment at the same time or later. Lomed may, where appropriate, store ready goods, with the customer paying the storage costs.c. De betreffende overeenkomst geheel of gedeeltelijk te ontbinden door middel van een schriftelijke verklaring.d. One, more or all current agreements between Lomed and customer, including those in respect of which the customer is not (yet) in default in relation to Lomed, to be partially or completely dissolved by means of a written declaration.
Lomed cannot make use of the possibilities referred to in (a), b and c above if he has set the customer a period of 3 working days to meet his payment obligations and the customer has not met them. From the bottom d
Lomed can only use this right if the customer has not fulfilled a requirement of Lomed within 8 working days for the payment of the amount (including 2 statutory interest) that the customer is due and/or will become due under the contract(s) in question. Lomed may at any time amend his choice of the rights referred to in this Article, unless he has exercised the right to terminate an agreement in whole or in part.
Article 8 – Forum and choice of law
All Lomed agreements are the same as Dutch law. Any disputes concerning an agreement will be referred to the Court ‘s-Hertogenbosch.
Lomed Netherlands B.V.
Pinmaker Street 7
5232 BH ‘s-Hertogenbosch
Tel: +31 (0)88 – 0900 300
KvK number: 16059084