These Terms and Conditions are a summary of the "General Terms and Conditions of Sale of Oralplant - Switzerland" (Form CH022/1), which govern sales by Oralplant Suisse SA with registered office at Via Penate 16, CH-6850 Mendrisio, hereinafter “ORALPLANT”, of the Products listed in the “Oralplant General Sales Catalogue", under sections: "Surgical Products" and "Prosthetic Products" for dental implantology with reference to the current Price List OP-(Code).
We reserve the right to make changes which we deem appropriate, at any time, to improve the look and/or effectiveness of the General Sales Catalogue. No such changes will entitle you to raise any objections in that respect. The characteristics and specifications set forth in the catalogues and/or reference literature are purely indicative.
Product prices are those stated in our Price List OP-(Code) in force at the time you place your order. Prices are stated ex-warehouse at Oralplant Suisse SA - Switzerland and do not include transport, insurance, customs duties or any other charges or services not specifically agreed upon under any special conditions. You are liable for any taxes and duties payable to public and/or private bodies. Any price changes will apply and be effective as from the date on which the Price List is replaced, without any obligation for us to give prior notice. Some or all of the prices indicated in the price list may be subject to change depending on market prices of the materials used, labour costs and/or other costs. You will simply be notified of any such changes at the time of your purchase.
Orders placed are kept on hold until accepted by Oralplant Suisse SA. Orders are only deemed to have been accepted when confirmed in writing by Oralplant within 8 (eight) days of receipt. Orders that have not been confirmed by Oralplant Suisse SA within said term of 8 (eight) days are considered not accepted.
Oralplant will fulfil orders for ordinary consumable items (such as implants, abutments and milling machines), based on availability of stocks, to be agreed upon each time and confirmed in writing.
Order fulfilment times, though binding, will not give rise to a right to any form of compensation, unless otherwise agreed, approved and confirmed in writing.
Shipment is the responsibility of the buyer. Delivery times are approximate and not of the essence. The place of delivery and transfer of risks is at the premises of Oralplant Suisse SA. You must collect the goods within 8 (eight) days of receiving notification that they are ready for collection. After that period a penalty will be charged at the rate of 2 percent of the total cost of the order.
Delivery times, though binding, will not give rise to a right to any form of compensation, unless otherwise agreed, approved and confirmed in writing.
Customers may ask for goods to be shipped from the Oralplant Suisse SA plant or from that of the most conveniently located associated firm.
Costs of packaging, calculated at the cost to Oralplant, are to be borne by you.
The buyer must give reasons for returning any goods and all returns must be authorised in writing by Oralplant using Form CH010/4 "Oralplant Return Authorisation Request”. Requests to return goods must be made within 8 (eight) days from the date of delivery.
The terms of payment will be agreed upon with Oralplant Suisse SA in writing and are subjected to the provisions set forth under this section. In any case, payment must be agreed upon with Oralplant Suisse SA. No payments may be made in cash unless expressly authorised by Oralplant in writing. No payments whatsoever for any goods may be made to Agents, Representatives and/or Operators of Oralplant but must be made exclusively through banks or service companies appointed and authorised for that purpose by Oralplant Suisse SA. In the case of direct remittance, payment must be made by the buyer on the agreed terms by means of Bank Transfer to the Bank named by Oralplant Suisse SA. In the case of late payment of all or part of the amount due, the buyer will be required to pay interest on the overdue amount, calculated at the legal rate plus 4 (four) points, in addition to any bank and other charges incurred as a result of such late payment. The above without prejudice to our right to terminate the contract. Under no circumstances may the buyer suspend or delay payments, even in the case of claims, complaints or disputes. In the case of non-payment, Oralplant will withhold delivery of future or current orders, even those that have already been accepted, unless otherwise agreed upon, approved and confirmed in writing.
Complaints of any kind concerning goods delivered will only be accepted when received by Oralplant within 8 (eight) days of the delivery date. Claims for faults or hidden defects will only be accepted when made in writing within 8 (eight) days from the time of discovery, using form CH010/6 “Failure Analysis Procedure”, and stating the delivery date and batch number. Returns will not be accepted unless previously authorised in writing by Oralplant Suisse SA and sent carriage paid.
In the absence of any complaints, the purchased product will be considered to have been accepted.
The products are fit for the purpose for which they are normally used and are covered by warranty against non-conformity and defects in materials and workmanship. The warranty only covers the replacement of the Products and/or parts found to have defects, within the time actually necessary, with the same method and place of delivery as originally agreed upon. The warranty period is 12 (twelve) months.
The warranty does not apply to Products used for purposes other than those for which they are intended, Products whose functioning has been altered in any way, the assembly of parts and/or components not supplied by Oralplant, parts not processed and/or modified by Oralplant, applications and/or insertions not compliant with protocol requirements and/or theoretical and/or practical specifications. Other claims, specifically for compensation for damage, are also excluded.
The warranty does not cover normal wear and tear of the Products. The warranty does not apply when products are used by professionals who have not received the minimum level of training required, namely, for Surgical products, a three-day course, and for Prosthetic products, a one-day course, as well as any subsequent product update courses.
The warranty excludes any responsibility by Oralplant for information provided by Professional Speakers on Implantology, which only reflects their personal opinions and knowledge.
Likewise, the warranty does not cover cases in which the terms of payment have not been complied with.
Oralplant will not be liable for advice provided by telephone or suggestions given by persons not expressly authorised to offer such advice or suggestions, including sales persons and engineers. The procedures, protocols, information in the product catalogue and instructions for use issued by Oralplant are recommendations for the correct use of its products. Oralplant will not be liable for the way in which the products sold are used.
Non-fulfilment of any one of the above provisions will not affect the validity and/or enforceability of the other conditions of sale, unless such non-fulfilment constitutes an essential and determining condition of the contract.
The Court of Mendrisio - Switzerland has exclusive jurisdiction to settle any disputes between the parties in connection with sales.
