- Scope of application
1.1 The present general terms and conditions (hereinafter “GTC”) apply to all legal transactions made through the NOVETECH SURGERY Online store www.novetech-surgery.com (hereinafter “Online Store”) and to any order and any delivery made by NOVETECH SURGERY.
This channel is operated by NOVETECH SURGERY SARL (hereinafter: “NOVETECH SURGERY”) a company limited by shares with its registered office in Monaco, RCI 17S07338. The GTC form an integral part of the individual contract (hereinafter: “Contract”) between NOVETECH SURGERY and the Customer. Deviations from these GTC are only valid if they are explicitly agreed in the specific Contract between NOVETECH SURGERY and the Customer.
1.2 Any General Terms and Conditions of the Customer are expressly excluded.
1.3 All translations made from this document have for objective only a better understanding of our general conditions by our foreign customers. Only the French version is authoritative.
- Offer and conclusion of the Contract
2.1 Unless otherwise expressly agreed, all offers made by NOVETECH SURGERY (e.g. content of the Website, Online Store, delivery of documents) are subject to change and non-binding.
2.2 Goods and services can be ordered by email, telephone and online.
2.3 The binding offer is in any case made by the Customer who remains bound by it for a period of 15 days. NOVETECH SURGERY accepts the Customer’s offer by sending an order-confirmation e-Mail and/or by delivering the respective goods (conclusion of the Contract). The contractual object is therefore specified in the written confirmation by NOVETECH SURGERY.
- Delivery of products
3.1 The delivery is made either by direct delivery of the goods to the Buyer or by shipment at the place indicated by the Buyer on the order form.
3.2. Details of postage and packing are given purely for information and may be subject to modifications.
3.3 Unless otherwise agreed, the delivery period stated by NOVETECH SURGERY in the order confirmation is not binding. If this approximate delivery period cannot be met by NOVETECH SURGERY, the Customer has the right to cancel his order in writing and to terminate the Contract 30 days after the expiry of the same approximate delivery period.
3.4 If a binding delivery date has been expressly agreed between the parties in the Contract, the deadline is met by NOVETECH SURGERY as soon as the delivery has been handed over for transport and/or the readiness for dispatch has been established and communicated.
3.5 If NOVETECH SURGERY is not able to deliver the entire order at the same time, it shall be entitled to make partial deliveries and services. The additional postage costs will be borne by NOVETECH SURGERY.
4.1 All prices called up by NOVETECH SURGERY are net prices in the respective currency. Value added tax is owed additionally. Further additional costs such as shipping costs, packaging costs, surcharge for small quantities and services will be charged additionally and are to be paid by the Customer. All additional costs will be shown separately on the invoice.
4.2 NOVETECH SURGERY grants itself the right to modify its price at any time. The appearance of a new price list shall put into question any special agreement. However, it undertakes to invoice the goods ordered at the prices indicated at the time of registration of the order.
- Terms of payment
5.1 Customers of NOVETECH SURGERY are supplied exclusively on account and / or against advance payment. Invoices are payable within 30 days from the date of invoice.
5.2 Default of payment of part of the price on the corresponding due date shall entail ipso jure the following consequences without prior notice being required:
—Penalties will be immediately applicable on amounts due at a rate equal to three times the rate of legal interest.
—A fixed fee of €40 will be applied for debt collection costs.
These penalties for delay are due without a recall being necessary.
5.3 Likewise, any single delay in payment renders immediately due the payment of all the other invoices, even, if they have given rise to the issue of negotiable instruments which have already been transferred or negotiated. Further, the Seller shall have the option in this case to suspend or to cancel the execution of orders in progress without having to give any prior notice.
5.4 Title to goods sold shall not pass to the Buyer until full payment of the price, e.g. the principal sum and any other charges, has been made.
For the length of the reservation of the title, the Buyer is responsible for any risk of loss damages even if due to an act of God or injury from a third party. The Buyer must take a comprehensive insurance as far as the products are concerned. In the case of deterioration or loss of the product, the payment from the insurance company shall be payable to our company, otherwise recourse will be taken against the Buyer.
5.5 The failure to make timely payment shall entitle the Seller to assert his title to the goods or to claim the payment from the Buyer. Notification to the Buyer of any such measures by formal notice with acknowledgment of receipt shall be deemed sufficient. The Buyer must render the Seller every assistance the latter may need, if he is led to take measures to protect his title to the goods.
5.6 The Customer is generally not entitled to withhold payments to NOVETECH SURGERY and to raise the defense of set-off in the event of alleged counterclaims, provided that such counterclaims have neither been expressly recognized by NOVETECH SURGERY nor have been established by a court.
5.7 In case of imminent insolvency and/or significant deterioration of the financial circumstances of the Customer, NOVETECH SURGERY shall be entitled to demand further securities from the Customer.
- Warranty Disclaimer
This site and the materials and products on the website and online store are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, NOVETECH SURGERY disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. NOVETECH SURGERY does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. NOVETECH SURGERY does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
- Transfer of risks
7.1 The delivery and the assignment of risk is the customer’s responsibility once the products leave our shops.
7.2 The pick-up and delivery assign the risk to the Buyer without prejudice to the clause of the reservation of the title.
7.3 The Buyer makes arrangements to have our products preserved and kept in the appropriate sterile conditions.
- Returns & Product Warranty
8.1. Goods can be returned according to the Return Policy
8.2 The delivery note or the corresponding invoice shall be deemed to be the warranty certificate for the Customer and must therefore be kept carefully.
8.3 The Customer has to check the goods delivered by NOVETECH SURGERY within 48 hours, for correctness, completeness and external intactness (especially the intactness of the original packaging). NOVETECH SURGERY must be notified immediately of any external damage or loss of the delivered goods in order to secure and assert any claims for damages. The notification of such losses and/or damages must be made within two business days. The Customer is obliged to keep the original packaging of the damaged goods until NOVETECH SURGERY informs him in writing about the further procedure.
8.4 If the Customer does not report back to NOVETECH SURGERY within the time limit according to clause 8.3, the delivery is considered accepted. The right to assert claims for hidden defects is reserved.
8.5 In the first instance, the Customer shall only have the right to replacement delivery or, at the discretion of NOVETECH SURGERY, the right to rectification of defects. This repair/replacement warranty applies only on non-perishable instruments and not for perishable instruments (e.g. saw blades, drill bits, etc.).
8.6 If the delivered products are defective, the Customer has contact firstname.lastname@example.org before returning the product. If the complaint is justified, NOVETECH SURGERY will send a return authorization to the Customer.
8.7 All NOVETECH SURGERY products are for veterinary use only. The Warranty is only valid for licensed veterinary medical professionals and practices that originally purchased the product.
8.8 The Warranty is only valid for practices that took a NOVETECH SURGERY training and remained current with their training.
8.9 In general, we offer a 2-years warranty against mechanical failure in material and workmanship.
8.10 Each warranty claim will be reviewed by a specialist selected by NOVETECH SURGERY or the respective manufacturer of the product to validate that the reason for the failure was due to a mechanical failure. The case will need to be submitted by the surgeon of record at email@example.com including all required information, as well as proper pre- and post-operative radiographs. Incomplete submissions will not be processed or reviewed.
8.11 The warranty will not be honored, if one of the following applies: obvious surgical error, cases where infection has occurred, or unsuitable implants for the body weight and size of the patient, when used in combination with competitor devices. Additionally, the warranty will not be honored if failure has occurred through an unforeseen accident, like a major trauma, or lack of owner compliance.
8.12 If the case is accepted as a warranty case, NOVETECH SURGERY will provide revision implants free of charge (implants bought from NOVETECH SURGERY only). NOVETECH SURGERY will not pay for implants invoiced through the clinic and NOVETECH SURGERY will not reimburse competitive products.
8.13 Warranty claims must be submitted by the operating surgeon and not the pet owners.
9 Other services
9.1 NOVETECH SURGERY offers certain consulting services in connection with the products it supplies. The Customer acknowledges and expressly agrees that NOVETECH SURGERY provides exclusively a supportive product consultation, but in no case a medical consultation, regardless of the context in which this consultation takes place. NOVETECH SURGERY assumes no responsibility and no liability for the completeness and accuracy of any such advice. The responsibility for the correct use of the products lies with the medical staff of the Customer using the products.
9.2 The details of any such advice and the costs thereof shall be set out in the specific Contract.
10.1 NOVETECH SURGERY is generally only liable for claims for damages which are due to an unlawful intent or grossly negligent breach of NOVETECH SURGERY’s Contractual obligations. Liability for minor negligence is excluded, as far as legally permissible. The same applies to the liability of employees, third parties involved, vicarious agents and Subcontractors.
10.2 In the case of damages resulting from injury to life, body and health of a person, liability shall be governed by the statutory provisions of the product liability legislation.
10.3 Liability for incorrect use of the products (especially use against the instructions of use of the Contractual products) and / or use contrary to the Contract (own-fault or third-party fault of the Customer or his employees, third parties called in by him, Subcontractors and vicarious agents) is excluded within the scope of legal admissibility. The responsibility for the correct use of the products lies with the medical staff of the Customer using the products. NOVETECH SURGERY is not responsible for the surgical outcome.
10.4 NOVETECH SURGERY shall neither be liable to the Customer nor be deemed to be in breach of the Contract (delay in delivery, failure to perform, etc.) if the delay or failure is due to force majeure and / or any cause beyond NOVETECH SURGERY’s control.
10.5 In no case, NOVETECH SURGERY shall be liable for any indirect, incidental, consequential damage and / or any loss of profit.
The Customer undertakes to keep information about NOVETECH SURGERY (business, operational and technical information, trade secrets, etc.). This also applies beyond the Contract and for as long as and insofar as the information is not publicly disclosed by NOVETECH SURGERY or in any other sense. In case of doubt, information is considered confidential. NOVETECH SURGERY may release the Customer from the obligation of secrecy in writing.
- Intellectual property
All Intellectual property rights (in particular: patents, designs, trademarks, copyrights) and related rights as well as the prospective entitlement to such rights) pertaining of the results of the Contractual object lie in full with NOVETECH SURGERY and / or its licensors. With the conclusion of a Contract with NOVETECH SURGERY, no ownership rights, interest or title in the intellectual property of NOVETECH SURGERY is granted or conveyed.
- Data protection
NOVETECH SURGERY complies with the provisions of the applicable data protection legislation.
- Final provisions
14.1. NOVETECH SURGERY reserves the right to change these General Terms and Conditions at any time. In each case, the version in force at the time of the concrete order is decisive.
14.2. The Customer shall neither assign nor pledge any of his rights and obligations from the Contract concluded with NOVETECH SURGERY to third parties without the prior written consent of NOVETECH SURGERY.
14.3. Should any provision of these GTC prove to be invalid, the validity of the remaining provisions shall not be affected. The parties shall replace the invalid provision with a provision that most closely approximates the invalid provision in economic terms.
14.4. In the event of discrepancies, the terms of the Contract shall prevail over the GTC.
14.5. Subsequent amendments and additions to the Contract require the written consent of both parties.
- Place of jurisdiction applicable law
These general sales conditions and any special clause expressly agreed upon are the law of contract of the parties.
15.1 Any claims on goods, the Buyer may have to set up, do not excuse him from paying the invoices when due.
15.2 Any dispute to which an amicable settlement has not been reached shall be settled by the Commercial Court of Monaco, having exclusive jurisdiction even in the event of a third-party notice or of an appeal with more than one defendant. Monegasque law shall be applicable to the contract.
- Termination of contract
16.1. Either party may terminate the contract by rights in the event that the solvency of the other might be reduced by some relevant facts.
16.2. Cancellation of an order shall not be permitted without the Seller having confirmed his agreement in writing and shall be conditioned on Buyer’s payment of all sums agreed upon.
16.3. Termination of the contract for any reason whatever, shall have no effect on out-standing debts between the party, as well as on the intellectual property clause.
This document was last updated on july 15th, 2023.