Applicability of terms:
These terms and conditions are acknowledged to be an integral part of the terms of the sale of Medical imaging equipment components by NORD RPK Medical Aps (“Seller”), and the customer Purchasing the goods or service (“the Buyer”). The terms refer to the goods described in this sale Confirmation contract signed by both parties, or accepted by written approval, email or other Electronic message
All monies retention of title:
The seller retains title in all goods supplied under this contract until all debts howsoever arising and Owed by the buyer to the seller have been paid in full.
All prices exclude all Local, State, Federal or Country Taxes, Value Added Taxes, Excise and Import Duties. Quotations are valid for 30 days, unless agreed otherwise. Note that all sales are Based on first come first serve. Further, prices do not include any installation work, site preparation, construction, and building
Additions or modifications, packing and crating, unless implicitly stated in the contract. Client is hundred percent responsible for paying VAT if be necessary to be paid trough EU rules. (Even if VAT not be added to Performa invoice/Invoice or the items had been delivered before).
VAT payment is the responsibility of client which means in case of we do not add it to Performa invoice or invoice but VAT was need to be pay then client must pay it either after finalizing the deal and delivery was done. If shipment be including in this deal, then any extra shipment Storage cost caused by customs clearance delay or any other reasons and also customs clearance process and charges are not including. All those mentioned items are with client side and responsibility.
Unless otherwise indicated on the sales confirmation, payment will be due prior to shipment. All payments shall be made to Seller’s designated bank account in the same currency and for the same amounts as specified in the Approval of Order. If the full payment not be done on time Deposit amount will not be return and will be count as penalty.
It is hundred percent client’s responsibility to be sure that He or She or His company/Clinic/Hospital is not being included in any lists of International or EU or USA sanctions or black lists and also their money not comes from and does not have any relation with under sanctions areas or black money.
It is hundred percent client’s responsibility to be sure that items which are sold through this document is legal to be shipped to final destination and transit ways in shipment and not being included in any kind of lists of International or EU or USA sanctions. If client doesn’t pay VAT based on items of this deal will be export from EU directly after leave our office client must provide export declaration to NORD RPK Medical maximum in 10 days after they pick up goods, Otherwise client has to pay VAT and will be 100% responsible for any claim and penalty caused by VAT and export issue.
Delivery dates as quoted are approximate and are in some cases dependent on the system being released by the original owner of the equipment.
Whilst every effort will be made, to meet quoted deliveries NORD RPK Medical ApS cannot be held responsible for any late or non-delivery of the equipment, or for any damage to, or loss, of, the equipment during de-installation, crating, storage, transportation, or offloading, whatever the cause.
If by any reason NORD RPK Medical cannot prepare system for delivery, then has this right to cancel the order.
Client must be aware of that seller is not the original producer nor official distributer of original producer of these products. All responsibility of import to destination country including paper works, costs, being aware of all receiving country import and customs clearance rules and conditions, preparing mandatory documents…, is with client. If client cannot finalize import and customs clearance of items to their country, then there is no responsibility with seller at all.
Seller claims no right, title or interest in or to any OEM software or other licensed products (“Products”) that may be attached to or necessary for the operation of the equipment that is the subject of this Agreement, and further, Seller disclaims any responsibility for procuring for Buyer from the owner or owners of such Products the legal right or license to use such Products. Any OEM license or service access related matter remains the full responsibility of the buyer and the OEM.
All warranties disclaimed:
All equipment and services are provided As-Is, Where-Is, unless stated otherwise on the sales Documents.
NORD RPK Medical ApS warrants that the equipment in question is sold free of all encumbrances, liens, charges and claims whatsoever.
If we mention any specific warranty period on description text of previous pages of this document, then here are conditions of this warranty:
It is parts warranty which means that if it became faulty we will not charge for part but we will need original faulty part to return to us first, if unit become open or manipulated either on hardware or software by any person except NORD RPK Medical Personal in warranty period then warranty will be expire. Warranty labels must stay intact. Warranty will not cover any damage caused by missuses, accident, Humidity, strike, electricity instability, sw manipulation in menu, falling down, fracture. For warranty repair we will charge for personal trip cost but not for parts. If we mention in above Text in first page that unit has ON Arrival parts warranty which means client has to test unit at the exact date which arrives to them and not later, in case that unit stays in Customs for Customs clearance import procedures this type of warranty will be expired automatically after 5 calendar days from arrival date to customs. Also in all shipments client must take care about any issue if caused by shipment, on these cases client must write the issue in receipt of delivery of shipping company and also must take detailed photos of issue and report to us immediately at the delivery date. If in Performa Invoice text, we mention clearly that sold items have on arrival parts warranty then NORD RPK Medical ApS on arrival parts warranty always has this condition that it is valid if NORD RPK Medical organize for shipment and in case that client picks up the system by himself or orders pick up from NORD RPK Medical ApS through any shipping company then on arrival parts warranty is not valid anymore because NORD RPK Medical ApS will not have any control on quality of shipment. All repairs in warranty period must be done by NORD RPK Medical Aps. We will not pay to any third parties for repairs or any cost to client because of repairs which be done by any third parties. In case of sold items become faulty in warranty period (if there be a valid warranty on the item at the day of report) first item has to ship back to NORD RPK Medical and then NORD RPK Medical will evaluate the reason which caused problem happened and if that covers by warranty based on terms and condition then NORD RPK Medical will fix the item. No technical evaluation nor technical job and repairs is acceptable by client or any other third parties. All shipment charges in warranty period is with client. There is a mandatory condition on warranty always that all problems with item must be reported by email not later than last day of warranty period. Based on these are used medical equipment items this is full responsibility of client to fully technically test them before start to use them on patients and NORD RPK Medical Aps doesn’t have any responsibility on this case and any kind of issues happen and is not claimable. This is full responsibility of client to have or take mandatory licenses and permissions to be allowed to use this equipment on patients based on their local rules.
Return and cancelation:
NORD RPK Medical Aps does not accept any cancelation or returning of sold items from clients. It is full responsibility of client to choose and order right desired and compatible model of unit and parts.
Seller shall not be liable for any failure to perform under this Agreement due to circumstances outside of Seller’s exclusive control such as embargo, war, terrorist attack, natural disasters and other similar circumstances
Limitations of liability:
In no event, shall Seller be liable for any special, consequential, incidental or damages, including, but not limited to: loss of profit or revenue, loss of use of the products or any associated equipment, damage to associated equipment, cost of capital, cost of substitute products, facilities, services or replacement power, down time cost, or claims of Buyer or Buyer’s customer for such damages.
Governing law, dispute resolution, jurisdiction:
For sales to customers in Denmark any dispute between the two parties shall be settled at the Court of Aalborg, notwithstanding that the nature of the display [dispute] may be a High Court case. For sales to foreign customers any dispute shall be settled according to Danish laws at the Court “Sø- & Handelsretten” in Copenhagen.
*Client needs to be responsible and take care of in case the shipped commodities are subject to export regulations, the export or re-export without proper export licenses or export license exceptions is strictly forbidden. *Client is responsible for diversion contrary to sanctions of the United Nations, the EU and/or USA is prohibited. *NORD RPK Medical ApS is not responsible for any delays happen caused by COVID19 or any other international issue.