Terms and conditions

QUANTIUM MEDICAL, S.L.U.
TERMS AND CONDITIONS OF SALE, SUPPLY AND PAYMENT

  1. Catalogs and information documents related to our products are given for information purposes and
    with non-binding nature.
  2. Orders are only final after their acceptance by the company and once registered under the conditions
    of sale and payment indicated on their bottom. The company is only bound by commitments made by
    its representatives or employees after their acceptance in writing.
  3. The budget made by Quantium Medical, S.L.U. (Hereinafter referred to simply as Quantium) shall be
    valid for 10 days from the delivery of the goods, subject to the agreement for that purpose made
    between the parties.
  4. Our prices are quoted net, fees and taxes excluded. The miscalculation or print failure may not entail
    responsibility on our part. The sale prices listed in our rates do not include the costs of connection,
    installation or commissioning.

    Any request for intervention of our technical after-sales services must be in writing and invoiced at the
    prevailing rate. Our prices are based on current economic conditions and may be revised before the
    expedition date, in case of marked increase for reasons of fluctuation of exchange, rates, tariffs, price
    increases of our suppliers, or any other reason objectively justified.

  5. The indicated delivery periods begin on the date specified in the order acceptance. Any unforeseen
    event such as lack of raw materials, insufficient labor or delay of transportation, railroad strike or any
    other important reason, as well as force majeure, does not exempt from compliance with the agreed
    delivery period. Eventual delays cannot in any case justify the cancellation of the order and do not give
    rights to withholding payment, nor damages.
  6. Accessories and spare parts should only be used by products purchased from Quantium. Not to be
    used for Conox. Accessories should only be used with delivered products and not used for resale.
  7. The expedition is always carried out according to the uses of the company, except under special
    instructions from our customers which must be described in the order acceptance. All transport
    operations, insurance, storage or maintenance will be charged to the customer and at their own risk,
    including in the case of delivery at prepaid freight. The addressee must check the shipments upon
    arrival of the goods and exercise claims against the carrier if appropriate.
  8. Partial deliveries will be admitted, being able to invoice them, unless otherwise specified and
    expressed by the customer.
  9. Ownership. Notwithstanding the delivery and the transmission of the risk that it brings, the Buyer will
    acquire the ownership of the goods once made the payment of the amount in full.
  10. Terms of payment. The distributor will pay according to invoices and agreements reached before the
    billing date. All payments will be made as agreed and can be by bank transfer to the entity, net without
    discount. The buyer and/ or distributor will be responsible for the expenses derived from the payment of
    the goods purchased.

    If an invoice is not paid at maturity, the amount due will be increased by default interest at 3% fully
    fledged without notice, all that without prejudice to any appropriate compensation for recovery costs. In
    case of delay, it shall be immediately required the payment of any unmatured customer invoice, even in
    case of accepted drafts. Quantium in this case may also require for any new delivery, whatever the
    agreed terms, the cash payment before shipment, and suspend or cancel any order in progress.

    Quantium reserves the right, during the execution of a contract and before delivery, to demand
    guarantees in relation to the importance of the granted or to be granted credit.

  11. Quality control is performed on each of the stages of production in order to certify that its products
    meet the appropriate characteristics for such products.
  12. Any claims, defects or errors on the material supplied must be submitted immediately upon arrival or
    reception. Moreover, will only be taken into consideration those submitted in writing without delay, at
    the latest within 8 days from the arrival of the goods, accompanied by vouchers, samples, packing slips
    and indicating the number and date of invoice and marks or labels disposed on the packaging. Goods
    subject of the complaint may only be returned with explicit consent of Quantium.
  13. The warranty will have a fixed duration depending on the product, ensuring that the performance of the
    delivered product will be in accordance with the specifications for the same. This warranty is strictly
    limited to our devices. Additionally, Quantium Medical S.L.U. undertakes to replace or correct defective
    materials as long as the supplied material is used in accordance with the assembly, operation and
    maintenance instructions specified by the company.

    Our guarantee will be invalid in case of repairs by the customer or by a third party. Claims will not be
    accepted by the indirect damages suffered, as neither will be any claims arising from the defects
    caused by the use of non-original accessories, such as cables or connectors that are not subject to
    warranty.

    The works carried out under warranty can only be made at the factory or under the supervision of our
    specialists in the field. Parts replaced under these conditions will be of our property.
    All transportation costs and risk of loss derived from repair and/or replacement of defective products will
    be borne by the distributor, unless otherwise agreed.

    Any return of the product for proper reparation, will have to follow the warranty conditions and will have
    to be accompanied by the repair sheet, which according to the instructions of Quantium Medical S.L.U.
    is made available for this purpose.

  14. Cancellation and return. Cancellations or modifications will not be admitted after the order date; any
    posterior modification or cancellation will result in the corresponding charge of the expenses incurred in
    compensation. We do not accept return of any material without prior acceptance of our sales
    department (only unused standard equipment).

    All returned products must be properly packaged to prevent damage to the equipment and the product
    itself, complying, also, with the instructions regarding the return of defective products.

  15. Industrial and Intellectual Property Rights. All Quantium products are protected by Intellectual
    Property Rights. For this purpose, “Intellectual Property” shall mean, on a world-wide basis, any and all
    now known or hereafter known tangible and intangible (a) rights associated with works of authorship
    including, without limitation, copyrights, moral rights and mask- works, (b) rights associated with
    trademarks, service marks, trade names and similar rights, (c) trade secret rights, (d) patents, designs,
    algorithms and other industrial property rights, (e) rights in domain names; (f) all other intellectual and
    industrial property rights of every kind and nature and however designated, whether arising by
    operation of law, contract, license or otherwise, and (g) all registrations, applications, renewals,
    extensions, continuations, divisions or reissues thereof now or hereafter existing, made, or in force
    (including any rights in any of the foregoing).
  16. Submission to jurisdiction. Any controversy that may arise regarding the interpretation, application
    and implementation of the contract of sale or supply, must be submitted to the jurisdiction of the Courts
    and Tribunes of the city of Barcelona, the parties will expressly relinquish any other authority by which it
    could be processed.