Terms & Condition
Can Technomed Trading LTD., will refer to Can Technomed Trading LTD.,1025-11111 Twigg Pl., Richmond, BC, V6V 0B7, Canada.
The Purchaser will refer to the client of Can Technomed Trading LTD. Who is purchasing goods or services or both.
These terms and conditions shall apply to the exclusion of any other terms and conditions proposed or stated by the Purchaser.
Any variation to these terms and condition will only apply if they have been previously agreed in writing by Can Technomed Trading LTD.
All prices exclude all Local, State, Federal or Country Taxes, Value Added Taxes, Excise and Import Duties. Quotations are valid for 30 days, unless agreed otherwise.
Further, prices do not include any installation work, site preparation, construction, building additions or modifications and other activities, unless implicitly stated in the contract.
Delivery dates as quoted are approximate and are in some cases dependent on the system being released by the original owner of the equipment.
Whilst every effort will be made to meet quoted deliveries, Can Technomed Trading LTD. Cannot be held responsible for any late of non-delivery of the equipment, or for any damage to, or loss, of the equipment during the de-installation, crating, storage, transportation, or offloading, whatever the cause.
Insurance, if required, can be arranged by Can Technomed Trading LTD. and the relevant charge will be made to the Purchaser’s account.
The terms of sale are “AS IS” unless agreed otherwise. All pre-owned equipment is supplied in the condition prevailing when made available by the original owner, e.g. a hospital or leasing company. Can Technomed Trading LTD. make no warranty commitments, whether express or implied as to the suitability, effectiveness, or operating capability or condition of the equipment. If the equipment has been de-installed by Can Technomed Trading LTD. a de-commissioning/inspection report will be made available.
The Purchaser should make arrangement for the inspection of the equipment whilst it is at the original owner’s site or at the Can Technomed Trading LTD. warehouse.
Can Technomed Trading LTD. can arrange for an independent engineer’s report, or films, photographs, or video recording to be made. All costs so incurred will be for the account of the Purchaser.
Title to the equipment shall pass to the Purchaser on receipt of payment in full by Can Technomed Trading LTD.
Unless otherwise agreed and noted on the Purchase Agreement, Terms of Payment are Payment to be paid direct to Can Technomed Trading LTD., 1025-11111 Twigg Pl., Richmond, BC, V6V 0B7, Canada.
In the event that the Purchaser cancels the order for pre-owned equipment, then the deposit paid will be forfeit.
Should Can Technomed Trading LTD. be unable to deliver because of failure of the original owner to release the equipment, the contract for the supply of the equipment will be deemed to be un-enforceable. All funds held as a deposit by Can Technomed Trading LTD. will be immediately returned to the Purchaser.
DELAY RELATED TO SALE OF EQUIPMENT
In case the delivery date is exceeded more than 30 days, the Purchaser is entitled to cancel the contract unless force majeure in in question. With such a delay, the Purchaser may claim damages for a loss suffered if the Purchaser proves that Can Technomed Trading LTD. has shown gross negligence. In that case, Can Technomed Trading LTD.’s responsibility for the loss that the Purchaser may suffer as consequence of the delay or the lack of delivery shall in no circumstance exceed 5% of Can Technomed Trading LTD.’s sales price to the Purchaser.
NOTIFICATION OF DEFECTS
The Purchaser is obliged to examine the equipment promptly on receipt, and notification of defects shall be made in writing not later than 7 days upon receipt of the equipment.
After this period, the Purchaser can only make notification of defects, which could not be determined at such first-hand examination. Notification of defects shall be made in writing without any unfounded delay after determination of the short comings.
Upon the passing over of the risk of the equipment to the Purchaser, Can Technomed Trading LTD. shall bear no responsibility for shortcomings, apart from the liabilities set out in this clause. For that reason, the Purchaser is not entitled to cancel the contract, claim damages or sustain any other claims of non-fulfillment.
Can Technomed Trading LTD. clearly disclaims responsibility for any indirect losses such as consequential loos, loss of time, loos of profits or the like that the short comings may have caused the Purchaser.
The following circumstances result in exemption for Can Technomed Trading LTD. from liability when occurring after the conclusion of the contract and preventing its fulfillment:
Labor disputes, strikes, lockouts and any other circumstance on which the parties have no influence such as fire, war, mobilization, unforeseen military calling-up, sabotage acts, requisition, impounding, currency restrictions, import or export prohibition, rising, disturbances, lack of working plants, general lack of goods, restriction in the means of motive power, and lack of deliveries from sub-contractors or delay in such deliveries as described in any of the circumstances in this clause.
In case a delivery from Can Technomed Trading LTD. causes damage, Can Technomed Trading LTD. is responsible to the Purchaser for personal injury if proved that the injury is caused by Can Technomed Trading LTD.’s fault or negligence (Canada only).
In relation to the Purchaser Can Technomed Trading LTD. is not liable to any loss of profits, lost wages or any other indirect or diverted loss.
In the event that Can Technomed Trading LTD. may be held liable to third party according to the rules and regulations of products liability or according to general regulations on damage the Purchaser shall indemnify Can Technomed Trading LTD. in the event of damage claimed to be caused by a mistake in one of Can Technomed Trading LTD.’s deliveries.
Can Technomed Trading LTD. warrants that the equipment in question is sold free of all encumbrances, liens, charges and claims whatsoever.
If Can Technomed Trading LTD. agrees to assist in the delivery and shipping arrangements, it shall do so without any responsibility but shall use all care in such assistance.
The contract will not be assignable by the Purchaser without Can Technomed Trading LTD. written consent which Can Technomed Trading LTD. shall be entitle to its discretion to refuse.
In the event that Can Technomed Trading LTD. is providing the engineering services, the following provisions apply:
Can Technomed Trading LTD. will always endeavor to carry out a full risk assessment prior to the commencement of any works.
Can Technomed Trading LTD. standard working hours are 9 am – 5pm Monday to Friday, additional charges may be levied for our of hours working.
Can Technomed Trading LTD. observe Canada public holidays, any services provided during those dates may incur additional charged.
With respect to travel time charges: Can Technomed Trading LTD. normally apply the same rate as the working engineer rate, unless agreed otherwise.
All Engineering works, unless agreed otherwise with the Purchaser will require a mandatory site evaluation prior to the works commencing.
In the event Can Technomed Trading LTD. is providing Asset inspection services, whilst we will endeavor to the best of our ability to provide accurate and detailed descriptions Can Technomed Trading LTD. cannot be held responsible for any inaccuracies discovered later.
Mechanical Installation does not include, any agreed otherwise, any building works, water and power planning and set up.
Normal installation does not include RF Cabin build or any other works relating to the system enclosure. Can Technomed Trading LTD. does not cover the installation of overhead/ceiling suspension components. If the system is located within a “mobile” Can Technomed Trading LTD. does not include any modifications or works to the trailer systems.
In the event that service keys hardware and software, are required they must be supplied by the Purchaser. In the event a delay is caused because of an invalid service key we will charge accordingly.
If a crane is required as part of the project de-installation, then the crane contractor’s terms and conditions will from part of the contract with Can Technomed Trading LTD. The same applied to the other external parties input e.g. scaffold suppliers and erectors.
The crane contractor’s method statement and risk assessment should be read in conjunction with Can Technomed Trading LTD’s method statement and risk assessment. The same applies to other external partial input e.g. scaffold suppliers and erectors.
Can Technomed Trading LTD. had not insured the project against delay caused by weather (see crane contractors’ input) however this can be included at the Purchasers expense, if required.
If the insurance against delay caused by prevailing weather conditions option is not taken up, then all additional cost incurred as a result of weather delays will be at the Purchaser’s risk.
Be held responsible or liable for any such unidentified items removed in error.
DELAYS ATTRIBUTABLE TO THE PURCHASER
If the Purchaser fails to carry out its pre-removal responsibilities as set out in the contract, then any delays so caused will be chargeable at the hourly rate of US$100 per hour per engineer on site or part thereof.
DELAYS ATTRIBUTABLE TO THE PURCHASER’S CONTRACTORS
If the Purchaser or its contractors fails to complete any pre-removal tasks such as wall demolition, door widening etc. without giving Can Technomed Trading LTD. sufficient notice then any delays so caused will be chargeable at the hourly rate of US$100 per hour per engineer on site or part thereof.
DAMAGE TO SITE
Any damage caused to the hospital, its buildings, or contents, by the actions or omissions of Can Technomed Trading LTD., its employees, and direct contractors, is limited to the level of insurance cover carried by the company. Details of policies are available above or from Can Technomed Trading LTD.
This agreement will be governed in all respects by the laws of Canada.
In accordance with international trade laws ®ulations originating from the EU, USA or any other country that is a signatory to the Wassenaar Agreement, this system will not be sold into sanctioned/embargoed countries including, but no limited, to Afghanistan, Russia, Libya, Sudan, South Sudan, Yemen, Central African Republic, Democratic Republic of the Congo, Democratic People’s Republic of Korea, Eritrea, Iran, Mali, Somalia.
The Purchaser shall also be responsible for (i) verifying that the Equipment does not contain any data proprietary to the Equipment’s prior owner, including patient data, and (ii) removing any such data.
Can TECHNOMED Trading LTD
1025-11111 Twigg PL., Richmond,
BC, V6V 0B7, Canada
Tel: +1 (604) 761-0933
Technomed Medical Parts & Equipment LLC
11811 NE 128th ST. Apt 450
Kirkland, WA, 98034, USA
Tel: +1 (310) 890-8920
Technomed Medical Parts & Equipment UG
Gutenberg Str. 3
48341 Altenberge, Germany