Definitions

  • The Customer: the natural or legal entity with who the agreements has been made to acquire services and products from “International Mortuary Products”.
  • IMP: International Mortuary Products

General

  • These Terms and Conditions are applicable to all legal relations between ” IMP” and the Customer, on any basis whatsoever. They are part of every agreement the Customer signs with ” IMP”.
  • The Customer is deemed to accept tacitly all provided agreements to ” IMP” in case an agreement with ” IMP” has been reached.
  • Terms and Conditions of the Customer or any other third party are not obligatory and applicable to “IMP”.

Offers

  • The offers and pricing of “IMP” are without obligation, unless explicitly stated and written otherwise in the offer.
  • Prices in the offer are always in euro’s and excluding VAT unless explicitly stated otherwise..

Rental of products

  • The rental period as mentioned in the product is the period that the product will be rent by the customer.
  • The rental period consists of: day of transport, period as mentioned in the product at customers site to use the product, and the day of return transport to “IMP”.
  • In case the rental exceeds the agreed period, an extra charge applies of €15,- a day.

Conclusion of the agreement

  • An agreement is concluded by an assignment of the Customer to “IMP” via telephone, written on paper or electronic way (letter, email or fax) after “IMP has accepted the assignment
  • “IMP” will ask the Customer to provide a written or verbal (via telephone) confirmation of the assignment in case “IMP” deems such confirmation necessary based upon the type and size of the assignment of the Customer.
  • The Customer accepts the applicable Terms and Conditions once a written, verbal or electronic assignment, or a signed confirmation of the assignment has been provided to “IMP”.
  • “IMP”  reserves the right without a reason to reject the assignment of the customer or to request additional conditions to accept the assignment.
  • In case additional conditions have been set, “IMP” will acknowledge the Customer of these additional conditions before acceptance of the assignment of the Customer.
  • The pricing of the services of “IMP” will be according to the standard procedure of “IMP” to determine pricing of her services.

Payment

  • Invoices of “IMP” must be paid within 14 days after invoice date or prepaid if this is explicitly stated as a result of additional conditions.
  • Payments must be received by transfer or deposit on the account of “IMP” as stated on the invoice.
  • If the Customer did not pay within 14 days of the invoice date, “IMP” will sent a reminder for the overdue payment.
  • If the Customer still did not pay within the term as described in the reminder, the Customer will pay the statutory interest as published periodically by the Dutch Central Bank. A month that has already been started will be considered as a full month.
  • If the Customer did not pay the invoice as described in 4, “IMP” is obliged to start legal collection procedure where the associated costs of the collection procedure must be paid by the Customer. The starting rate for transfer of the collection procedure is €150,-.
  • Overdue payment gives “IMP” the right to suspend delivery of services and products according to the agreement or to terminate the agreement. At this stage the Customer does not have the right to raise claims for compensation or to terminate the agreement.

Complaints

  • Complaints about invoices or services must be addressed within 3 days after reception of the services or invoice referring to the delivered services or invoice or within 3 days the defect has been discovered. Complaints must be addressed to “IMP” via letter or via email.
  • After expiration of the term as described in 1, “IMP” will be deemed to have fulfilled its obligations towards the Customer. The Customer is assumed to have accepted the services and invoice.
  • The Customer must provide “IMP” the opportunity to repair the defects.

Force majeure

  • “IMP“ cannot be obliged to fulfil the delivery of services and/ or products in case of force majeur. Force majeur can be defined as causes as described in the Dutch law and jurisprudence, all external causes –foreseen or unforeseen-, which “IMP” cannot influenced, nor where “IMP” is not able to (timely) fulfil its obligations, including shortcoming of third parties involved by “IMP”.

Responsibility

  • In case of unexpected circumstances during delivery of an assignment of the Customer, that lead to responsibility of “IMP”, the responsibility cannot be more than the amount paid by the Insurance company as part of the insurance. In case the damage or loss is not be accepted by the Insurance Company, the responsibility of “IMP” cannot exceed the amount of the invoice, excluding payments and/ or delivery of services or products by third parties. “IMP” cannot be held responsible for indirect consequential damages. “IMP” cannot invoke on limitation of responsibility in case of intent or proven rashness of “IMP”.
  • Every user of FlexCoSeal® is responsible to comply with international, national and local regulations. Regulations can differ per country and even per state.

Privacy and company details

  • The Dutch law is applicable to all agreements concluded with “IMP” and all conflicts as a result of the agreements and these additional terms and conditions –not conflicting with legal regulations-.
  • The Customer will provide all data to “IMP” necessary for the administration. Changes in data of the Customer must be passed to “IMP”.
  • The Customers authorizes “IMP” to use the provided data and information for its own purpose or in case of legal obligations, pass these data and information to third parties; to register these data and information required to perform the activities to fulfil the assignment of the Customer.
  • In case the provided data and/ or information of the Customer is incorrect, “IMP” reserves the right to immediately terminate the agreement.

Applicable law

  • The Dutch law is applicable to all agreements concluded with “IMP” and all conflicts as a result of the agreements and these additional terms and conditions –not conflicting with legal regulations-.