Payment of the Proforma invoice means acceptance of NORDIC Medical ApS Terms and Conditions.
Applicability of Terms These Terms and Conditions govern the sale of medical imaging equipment components, spare parts, and services by NORDIC Medical ApS (“Seller”, “We”, “Us”, or “Our”) to the customer purchasing goods or services (“Buyer”, “You”). The goods described in the sales contract are provided subject to these Terms and Conditions, which may be acknowledged via a signed agreement, written approval, email, or other electronic message.
Price and Taxes All prices exclude local, state, federal, or country taxes, including Value Added Tax (VAT), excise duties, and import duties. Quotations are valid for 3 days unless otherwise stated. Offers for demo, used, or sale goods are valid as long as stock remains. Prices do not include installation, site preparation, construction, packing, crating, or modifications unless explicitly stated in the contract. The Buyer is fully responsible for any VAT, taxes, and customs duties applicable in the EU or the destination country. The Seller reserves the right to adjust prices based on changes in purchase costs, raw materials, currency rates, taxes, etc. Prices do not include travel expenses unless explicitly stated in writing. Disposable or reusable packaging is included unless otherwise agreed, and the Buyer is responsible for return or disposal.
Payment Terms Unless otherwise indicated in the sales confirmation, payment is due prior to shipment. Payments should be made to the designated bank account specified in the Proforma invoice. In the case of late payments, deposits will not be returned and will be considered a penalty. An order is binding only when the Seller receives the amount specified in the Proforma invoice. The Buyer confirms that they are not included in any EU, US, or international sanctions lists, and the funds for the purchase do not originate from prohibited areas. It is the Buyer’s responsibility to ensure that the purchased items are legally allowed for shipment to the final destination and comply with all import and export regulations.
Delivery and Shipment Delivery dates are estimates and depend on factors such as the release of equipment from the original owner. While efforts will be made to meet the delivery date, NORDIC Medical ApS is not responsible for delays or non-delivery caused by circumstances beyond our control. The Buyer is responsible for handling all customs clearance, paperwork, import duties, and shipping costs. If the Buyer fails to clear customs or finalize the importation process, NORDIC Medical ApS is not liable. Delivery issues caused by shipping must be reported to the carrier and NORDIC Medical ApS immediately, with documented evidence. Deliveries are made FCA (Free Carrier) according to Incoterms 2010, where the seller’s responsibility ends once the goods are collected by the carrier (e.g., DHL) from the seller’s warehouse, unless otherwise agreed. The Buyer is responsible for obtaining any required import or export documentation and mandatory data (such as FDA device listing number, 510 k code, …) and also costs related to shipping & export & import. Risk of loss or damage passes to the Buyer once the goods leave the Seller’s warehouse. The Buyer is responsible for the storage of goods before installation, in accordance with the relevant Original Equipment Manufacturer (OEM) guidelines. The Buyer must obtain these guidelines separately from the OEM or its authorized representatives and ensure proper storage procedures are followed.
Warranty NORDIC Medical ApS provides a warranty only on the parts of the equipment, where specified. The warranty period begins upon receipt of the equipment. Warranty claims are valid only if the equipment has not been tampered with, damaged by misuse, or altered by any third party. Warranty coverage excludes damage caused by accidents, improper handling, power instability, or environmental conditions. For warranty repairs, the Buyer must return the faulty part to NORDIC Medical ApS. The Buyer is responsible for all shipping costs related to warranty claims. If an item is defective within the warranty period, it must be returned for evaluation. NORDIC Medical ApS will repair or replace the item, depending on the circumstances. The Seller warrants that the goods are free from third-party monetary claims.The Seller provides warranties only to the extent stipulated in the Proforma invoice. Warranty periods, if applicable, begin from the date of shipment. The Seller’s liability is limited to direct losses and does not exceed the invoiced amount for the affected delivery. The Seller is not liable for consequential damages, loss of revenue, or third-party product defects. Product liability is governed by applicable Danish law. If the product sold is a spare part and the buyer wants to install the part himself, the installation must be carried out by a technician approved by the original manufacturer in order for the warranty to be valid. If necessary, NORDIC Medical ApS has the right to request an installation certificate and a valid installer certificate from the buyer.
No Cancellations or Returns All sales are final. NORDIC Medical ApS does not accept cancellations or returns once the order has been placed unless agreed upon by the Seller. A cancellation or modification may incur a minimum indemnity of 25% of the contract value, excluding VAT. It is the Buyer’s full responsibility to select the correct equipment and parts suitable for their needs.
Force Majeure NORDIC Medical ApS is not liable for failure to perform due to circumstances beyond our control, including but not limited to embargoes, wars, terrorism, natural disasters, or other similar events.
Limitation of Liability Under no circumstances will NORDIC Medical ApS be liable for any special, incidental, consequential, or indirect damages, including but not limited to loss of profit, revenue, use, or damage to associated equipment. Our liability will be limited to the amount paid by the Buyer for the product or service under the contract.
Governing Law and Dispute Resolution This agreement is governed by the laws of Denmark. Any disputes related to the sale of goods or services will be resolved in the courts of Aalborg for domestic sales or Sø- & Handelsretten in Copenhagen for international sales.
Compliance with Export Regulations The Buyer is responsible for ensuring that all goods comply with local and international export laws and mandatory quality certifications and marks. The Buyer is also responsible for ensuring that the equipment is not subject to any export restrictions or sanctions from the United Nations, EU, or USA.
Jurisdiction and Legal Compliance For sales within Denmark, disputes will be resolved at the Court of Aalborg. For international sales, the applicable jurisdiction will be Sø- & Handelsretten in Copenhagen. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to this Agreement. By accepting these Terms and Conditions, the Buyer agrees to comply with applicable export regulations and sanctions, including EU and US laws.
Severability If any provision of these Terms is found to be unenforceable or invalid, it will be modified to reflect the intention of the original provision, and the remaining provisions will remain in effect.
Changes to Terms and Conditions NORDIC Medical ApS reserves the right to modify these Terms and Conditions at any time. Significant changes will be communicated with reasonable notice, and continued use of the services or products will constitute acceptance of the revised terms.
Retention of Title The Seller retains ownership of the goods until full payment, including delivery costs and any associated fees, is received.
Miscellaneous The Buyer is responsible for ensuring compliance with all applicable laws regarding the use, sale, and importation of the goods in their jurisdiction. The Buyer must indemnify the Seller against losses caused by failure to delete personal data or comply with data protection laws.
