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Terms and conditions of sale

These terms and conditions are subject to change without prior written notice at any time, in Optical Diagnostics sole discretion.

 

1. General

  1. These Terms and Conditions of Sale apply to all orders placed by the Customer with Optical Diagnostics or its reseller by any means, including, but not limited to, electronic ordering via Optical Diagnostics website, by fax, by mail, or by email.

  2. In this agreement, the term Software refers to any software product sold by Optical Diagnostics.

  3. Besides these terms and conditions of sale, the customer or end-user of Software will also need to agree with the End-User License Agreement (EULA) of the Software at the time of installation of Software.  You can request a copy of the EULA of the software product you are interested in from Optical Diagnostics (see contact information).

  4. This agreement and any sales hereunder shall be governed by the laws of the Netherlands.  Any legal action or proceeding related to this agreement shall be instituted solely in a court in The Netherlands.  If any legal action is brought to enforce this agreement, the prevailing party will be entitled to receive its legal fees and costs.

2. Prices and Tax

  1. All products are priced in EUR.

  2. All prices are subject to change without prior notice.

  3. Written quotations from Optical Diagnostics automatically expire 30 days from issue unless otherwise extended on the quotation document.

  4. All prices are quoted excluding any sales tax (VAT), if applicable.

  5. Sales in the European Union are only to entities that have a valid VAT number (B2B only)

3. Payment

  1. Customers may be required to prepay their orders.

  2. Standard payment terms are net 30 days - all payments are due 30 days from the date of invoice. You will be invoiced when the last item on your order is shipped.  An interest charge of 1.5% per month may be added to all past due accounts.  Standard terms may be revoked at the discretion of Optical Diagnostics (for example, when there was a history of late payment).

  3. An order must be paid by:
      - bank wire transfer (all bank processing costs to be paid by the customer).

4. Refunds, Returns, and Transfers

  1. Refunds will only be given at the discretion of Optical Diagnostics.

  2. All sales involving the delivery of a license/registration key by email are final and no returns can be accepted.

  3. For all other sales, returns will be accepted at the discretion of Optical Diagnostics and only if returned within a month after the purchase date.  Customer needs to contact Optical Diagnostics before returning a product.

  4. In case a refund is granted and the product is returned, all shipping expenses and bank/payment charges are on account of the customer.

  5. Standard packages of the software (i.e. packages without a USB dongle) are specific to one computer only.  Transfers to a different computer are at the discretion of Optical Diagnostics (meaning that transfers are possible as long as it does not happen unrealistically often). Note that with deluxe packages (i.e. packages in which a USB dongle is included) the software can be run on any computer as long as the dongle is attached to that computer.

  6. A software license and/or dongle may not be sold or rented out without Optical Diagnostics' written permission.

5. Warranties and Liability

  1. To the fullest extent permitted by law, the Software sold by Optical Diagnostics is provided as is and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose.

  2. In no event shall Optical Diagnostics, or anyone else who has been involved in the creation, production, or delivery of the Software be held liable whether in contract or tort (including negligence) or otherwise for any loss of profit, health, or any commercial damage, including, but not limited to, special, incidental, consequential, or other damages resulting from the use, or misuse of the Software.

  3. To the extent permitted by law, the total liability of Optical Diagnostics in all circumstances is limited to the price paid by the Customer for the relevant product.

  4. A more detailed description of the limitation of warranty and the limitation of liability of the Software is given in the EULA of the Software.

  5. Software sold by Optical Diagnostics may not be certified for medical use in your country.  Ordering and using the software is at the Customer's own risk and responsibility.

  6. The hardware USB dongles have a one (1) year replacement warranty in case of malfunctioning.  To request a replacement, the malfunctioning dongle should be returned to Optical Diagnostics. Broken dongles due to physical impact are not part of the warranty.

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These terms and conditions of sale were most recently updated February 21, 2024