General terms and conditions

Article 1. General

1. These terms and conditions apply to every offer, quotation and agreement between Magnetiseur Roburt Geurts, hereinafter referred to as: “User”, and a Counterparty to which User has declared these terms and conditions applicable, insofar as the parties have not expressly deviated from these terms and conditions in writing. 2. A copy of these general terms and conditions will be provided free of charge by magnetiseur upon first request. 3. From the moment of placing the order, the customer is expected to be substantively aware of the General Terms and Conditions and is bound by them. 4. These terms and conditions also apply to agreements with User, for the performance of which User must involve third parties. 5. The applicability of any purchasing or other conditions of the Counterparty are explicitly rejected. 6. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the remaining provisions of these general terms and conditions shall remain fully applicable. User and the Counterparty will then enter into consultations in order to agree on new provisions to replace the void or annulled provisions, whereby the purpose and scope of the original provisions will be taken into account as much as possible. 7. If there is any ambiguity regarding the interpretation of one or more provisions of these general terms and conditions, the interpretation must be made 'in the spirit' of these provisions. 8. If a situation arises between the parties that is not covered by these general terms and conditions, this situation must be assessed in accordance with the spirit of these general terms and conditions. 9. If User does not always require strict compliance with these conditions, this does not mean that the provisions thereof do not apply, or that User would in any way lose the right to demand strict compliance with the provisions of these conditions in other cases.

Article 2 Delivery 1. Treatment is by appointment only. 2. Depending on the type of treatment, the treatment takes place at the customer’s location, in the user’s practice or remotely via telephony. 3. The treatment method is agreed upon in advance. 4. The service is an obligation of means and not an obligation of results. 5. Without being in default, the User may refuse a request to amend the agreement if this could have consequences in a qualitative and/or quantitative sense, for example for the work to be performed or the goods to be delivered in that context. 6. If the Other Party should fail to properly fulfil its obligations towards the User, the Other Party shall be liable for all damage (including costs) incurred by the User, directly or indirectly, as a result. 7. If User agrees to a specific price when concluding the agreement, User is nevertheless entitled to increase the price under the following circumstances, even if the price was not originally quoted subject to change:– If the price increase is the result of an amendment to the agreement;– if the price increase results from a power vested in User or an obligation resting on User under the law;

Article 3 Payment, suspension, termination and interim cancellation of the agreement 1. All treatments performed on location must be paid in cash. 1. A remote treatment must be paid in advance by bank transfer. 2. The prices stated in a quotation or offer are inclusive of VAT and exclusive of other government levies as well as any costs to be incurred in the context of the agreement, including travel and accommodation, shipping and administration costs, unless stated otherwise. 3. An appointment can be cancelled up to 24 hours in advance without incurring any costs. In case of cancellation within 24 hours, the agreed treatment will be charged. 4. The User is entitled to suspend the fulfillment of the obligations or to terminate the agreement immediately and with immediate effect, if: – the Other Party does not fulfill the obligations arising from the agreement, does not fulfill them in full or does not fulfill them on time; – if circumstances arise that are of such a nature that fulfillment of the agreement is impossible or unaltered maintenance of the agreement cannot reasonably be expected of the User.

Article 4 Liability 1. If User is liable, then this liability is limited to what is arranged in this provision. 2. User is not liable for damage, of any nature, arising because User has assumed incorrect and/or incomplete information provided by or on behalf of the Other Party. 3. Treatment by User is only a supplementary service to that of a (veterinarian) and not a replacement. 4. User does not provide medication and does not make diagnoses. 5. If User is liable for any damage, then User’s liability is limited to a maximum of the invoice value of the order, or at least to that part of the order to which the liability relates.

Article 5 Indemnification 1. The Counterparty shall indemnify User against any claims from third parties who suffer damage in connection with the performance of the agreement and the cause of which is attributable to parties other than User.

Article 6 Applicable law and disputes 1. All legal relationships in which the User is a party are exclusively governed by Dutch law, even if an obligation is performed in whole or in part abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.