NOMO Medical B.V. General Terms and Conditions
Article 1. Definitions
The following definitions apply in these General Terms and Conditions:
General Terms and Conditions: these general terms and conditions..
NOMO: the private limited company incorporated under Dutch law, with its registered office at Beukenlaan 5, 6131 JZ Sittard, filed in the commercial register of the Chamber of Commerce under number 81692633, also trading as ‘CovidtestLimburg’.
Client: all natural or legal persons who have entered into an agreement with NOMO or who have been contacted or with whom negotiations have been carried out in this respect.
Service(s): NOMO’s provision, sale and carrying out of Covid-19 antigen tests and Covid-19 PCR tests.
Agreement: agreements between Client and NOMO concerning the Services provided or to be provided by NOMO.
Quotation: a written offer from NOMO for the sale and delivery of Services, including any supplements or amendments to it.
Party: Client and/or the NOMO.
Article 2 – Scope of application
- These General Terms and Conditions apply to all of NOMO’s offers and to all Agreements between NOMO and Client, to the exclusion of any other conditions.
- Derogations from these General Terms and Conditions only apply if they have been expressly agreed in writing. Any agreed provisions deviating from these General Terms and Conditions will not entitle Client to apply those provisions to future Agreements. In addition to this, the remaining provisions of the General Terms and Conditions will remain in full force and effect.
- Accepting a Quotation means that Client unconditionally accepts the applicability of these General Terms and Conditions.
Article 3 – NOMO’s offers
- NOMO’s Quotations are subject to confirmation without obligation, unless expressly stated otherwise. Quotations lapse if the resources and materials required to implement the Agreement, including the necessary antigen tests or PCR tests, are no longer available in the meantime.
- NOMO cannot be held to its Quotation if Client should reasonably have understood that it contained a manifest mistake or clerical error.
Article 4 – The Agreement
- An Agreement is considered concluded at the time that NOMO has confirmed to Client by e-mail the request from Client for the purchase of a Service, or the appointment scheduled by Client via the NOMO website. NOMO is entitled to terminate this Agreement until the time it has provided the Service if Client fails to comply with the General Terms and Conditions or has failed to do so in the past.
- After NOMO has confirmed the appointment that Client has scheduled, Client is entitled to cancel the Agreement up to 24 hours before the scheduled appointment. In that case, Client will owe NOMO €10 in administration and processing costs. If Client cancels the appointment between 24 and three hours prior to the scheduled date and time, Client will owe 50% of the agreed price. If Client cancels the appointment less than three hours before the scheduled appointment, or if Client does not show up on time for the scheduled appointment, Client will owe the agreed price in full.
- Cancellation by Client, as referred to in paragraph 2, must take place via the NOMO website or via email@example.com.
Article 5 – The price
- The prices specified in a NOMO Quotation are excluding VAT and other costs, such as government levies, as well as any costs to be incurred under the Agreement, including travel and accommodation, postage and administrative costs, unless stated otherwise.
NOMO reserves the right to change the prices and other costs mentioned above at any time.
- If NOMO agrees a price (fixed or otherwise) with Client, then NOMO is nevertheless entitled to increase this price at all times if the increase in the price results from an authority or obligation under the law or regulations, or is due to an increase in the price of raw materials, wages (including changes to the CBA), transport and so on, or on other grounds that could not reasonably have been foreseen when the Agreement was concluded. If Client is a consumer, Client will in that case be entitled to terminate the Agreement in writing within three months.
Article 6 – Payment
- Payments will be made in the way agreed between the Parties. If no explicit method of payment is agreed, Client must pay in advance by way of an iDeal or credit card payment. Client is entitled to pay the agreed amount at the NOMO premises by way of a debit card payment only after having received NOMO’s express written permission.
- Payment must be made without offsetting, discount and/or suspension.
- In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of Client, NOMO’s claims against Client will be immediately due and payable.
- If Client does not fulfil his/her payment obligation, or fails to do so within the set payment term, Client will be in default. In that case, NOMO is entitled – without prejudice to any previous or other statutory powers of suspension – to postpone fulfilment of the obligations entered into with Client until payment has been made or proper security has been provided in this respect.
- From the date that Client is in default, he/she/it will owe to NOMO – without any further notice of default being required – the statutory interest and statutory commercial interest from the first day of default until full settlement and reimbursement of the extrajudicial costs. The extrajudicial collection costs amount to 15% of the amount owed, with a minimum of €250, without prejudice to NOMO’s right to claim the actual extrajudicial collection costs if they are higher.
- If Client is a consumer, the Dutch Extrajudicial Collection Costs (Standards) Act [Wet normering buitengerechtelijke incassokosten] and the associated Dutch Extrajudicial Collection Costs (Fees) Decree [Besluit vergoeding voor buitengerechtelijke incassokosten] will apply instead of the regulations referred to in paragraph 5. In that case, Client will owe statutory interest after NOMO has declared him/her/it in default in writing and Client has been given the opportunity to fulfil his/her obligations within a period of 14 days at most, counting from the day he/she/it received the notice of default.
Article 7 – Client’s obligations
- Client will cooperate fully with NOMO and give NOMO all the information it requires and that is relevant for drawing up a correct Quotation and/or for the correct and timely implementation of the Agreement.
- If it is necessary for the implementation of the Agreement, Client will ensure that there is free access to Client’s premises, building and/or location in good time. Client will ensure that there is a clean, safe and healthy working environment and he/she/it is obliged to warn NOMO in time of any potentially hazardous situations.
Article 8 – Restriction of liability
- Should NOMO be liable, then this liability will be limited to what has been laid down in this provision.
- Unless it concerns intent or gross negligence on its part or on the part of its managerial staff, NOMO cannot be liable for damages related to information provided by it and the taking of the antigen tests, PCR tests, or any other tests and/or the results thereof. In particular, NOMO cannot be held liable for any damages resulting from an incorrect, or wrong test result, or test result that is not delivered on time. By agreeing to these General Terms and Conditions, Client declares that he/she/it is aware of the possibility that the test result from an antigen test or PCR test may be incorrect or faulty, or may not be delivered on time.
- NOMO cannot be held liable for damages, regardless of their nature, arising because NOMO’s assumptions were made based on incorrect and/or incomplete information provided by or on behalf of Client. It is Client’s responsibility to inform the responsible doctor about medical and other conditions that may affect the taking of the test.
- If NOMO is liable for any direct damages whatsoever, as a result of an imputable failure in the implementation of this Agreement, its liability will be capped attwice the invoice value of the order, or at least to that part of the order to which the liability relates, excluding VAT. NOMO’s liability is in any event always capped at the amount paid out by NOMO’s liability insurer for the case in question.
- NOMO cannot be held liable for indirect loss, including consequential damages, loss of profit, loss of savings, loss due to business interruption, loss due to loss of information, loss due to exceeding the terms as a consequence of changed circumstances, and loss due to information or advice given by NOMO, the content of which is not expressly part of the Agreement.
- NOMO will always exercise due care when engaging third parties for the implementation of the Agreement. NOMO is not liable for shortcomings on the part of these third parties.
- A condition for any right to compensation that may arise is that Client reports the damages in writing to NOMO as soon as possible after it occurs. Any claim for compensation against NOMO will expire by the mere lapse of a period of two weeks after such a claim has arisen.
- If Client is a consumer and one of the provisions in these General Terms and Conditions excludes the liability of NOMO for a given case to a greater extent than is legally permitted, then NOMO’s liability is excluded to the maximum permissible extent.
Article 9 – Force majeure
- NOMO cannot be held liable for any breach or delay in the implementation of the Agreement, or for any damages caused by this, if the failure or delay is due to force majeure.
- Force majeure includes but is not limited to disruptions of or to the public infrastructure, strikes, epidemics and pandemics, government measures, civil commotion, fire, operational failures, power outages, unavailability of employees, non-delivery or late delivery by suppliers or other third parties engaged and the absence of any permits to be obtained via government authorities. Force majeure also includes malfunctions in the telecommunications networks, other networks or connections or communication systems used or if the website is not available at any time.
- NOMO is entitled to suspend obligations under the Agreement as long as the force majeure circumstance continues. If it lasts longer than 90 days, either Parties is entitled to terminate the Agreement without being obliged to pay compensation.
Article 10 – Privacy
- NOMO only processes personal data in the context of the implementation of the Agreement, or on the basis of a legal obligation, a legitimate interest, or because the data subject has given NOMO permission to do so and in accordance with its privacy statement and privacy regulations and legislation.
- NOMO will handle the personal data that Client has provided with due care. Only NOMO can access this data and it is not disclosed to third parties, except in the context of the implementation of the Agreement and/or in cases in which NOMO is obliged to do so by virtue of legislation and regulations and/or cases in which Client has given express permission for the provision of personal data to third parties.
- NOMO will ensure that there is an appropriate level of security when processing personal data.
Article 11 – Applicable law and dispute resolution
- All legal relationships to which NOMO is a party are governed exclusively by the laws of the Netherlands, even if an obligation is fully or partially performed abroad or if Client resides there. The applicability of the Vienna Sales Convention is expressly excluded.
- Any disputes between NOMO and Client will be submitted to the competent court in Maastricht, unless a court in another town is competent on the grounds of mandatory legal provisions.
Copyright 2021 NOMO Medical B.V. (Ch. of Comm. 81692633)
NOMO Medical B.V., also trading as ‘CovidTestLimburg’, works under the medical supervision of Dr Glenn Posman, medical specialist, individual healthcare professional registration number 09061615501