Terms & Conditions

NORDIC Microwave Ablation ApS – Terms and Conditions

 

Payment of the Proforma invoice constitutes acceptance of these Terms and Conditions.

  1. Scope of Terms

These Terms and Conditions govern the distribution of new microwave ablation equipment by NORDIC Microwave Ablation ApS (“Distributor”, “We”, “Us”, or “Our”) to customers in Denmark, Sweden, and Norway (“Buyer”, “You”). NORDIC Microwave Ablation ApS is an authorized distributor of ECO-branded medical devices. All products are supplied subject to these Terms, which may be acknowledged via agreement, email, or other form of communication.

  1. Role of Distributor

NORDIC Microwave Ablation ApS acts solely as a distributor. ECO, the original equipment manufacturer, is fully responsible for the quality, compliance, certifications, and warranty of the devices. The Distributor is not liable for product design, manufacturing defects, or performance characteristics of the devices.

  1. Certification & Compliance

The Buyer is solely responsible for determining whether any certifications or regulatory approvals (e.g., CE marking, FDA clearance, TÜV, etc.) are legally required for the use, importation, or clinical operation of the equipment in their country or specific application.

Before placing an order, the Buyer must verify local laws and ensure that the specific ECO product model selected has the required certifications. NORDIC Microwave Ablation ApS does not provide legal or regulatory advice and cannot confirm whether any particular model meets local compliance requirements.

Although ECO, as the manufacturer, is responsible for obtaining such certifications, the Buyer bears full responsibility for ensuring that the purchased product meets local regulatory standards before use.

  1. Buyer Responsibilities
  • The Buyer must ensure that the product is used in compliance with all applicable national and local laws and regulations.
  • The Buyer must ensure that only qualified and properly trained medical personnel operate the equipment.
  • The Distributor may provide general information but is not responsible for user training or clinical application of the equipment.
  1. Pricing and Payment

Prices are exclusive of VAT, customs duties, or any other taxes, unless stated otherwise. Payment is due in advance, as specified in the Proforma invoice. An order becomes binding once payment is received. Payments must be made to the bank account provided in the invoice.

  1. Delivery and Risk

Delivery times are indicative and depend on availability from ECO. All deliveries are made FCA (Free Carrier) from the warehouse. Risk of loss or damage passes to the Buyer upon transfer to the carrier. The Buyer is responsible for customs clearance and import handling in their respective country.

  1. Warranty

All warranty obligations rest with ECO as the manufacturer. NORDIC Microwave Ablation ApS facilitates communication between the Buyer and ECO for warranty claims but does not offer independent warranty coverage. Warranty claims are subject to ECO’s terms, which may include return of the product for evaluation.

  1. Returns and Cancellations

All sales are final. Cancellations or returns are only accepted with prior written agreement from the Distributor and may incur administrative or restocking fees. It is the Buyer’s responsibility to select products appropriate for their needs.

  1. Limitation of Liability

The Distributor is not liable for indirect, incidental, or consequential damages, including but not limited to loss of profit, data, business interruption, or damage to associated equipment. Furthermore, the Distributor shall not be held liable for any injury to patients, users, or third parties resulting from the use or misuse of the equipment.

All liability is limited to the amount actually paid by the Buyer for the product in question.

  1. Force Majeure

We are not liable for any delay or failure in performance due to causes beyond our control, including but not limited to natural disasters, wars, embargoes, governmental restrictions, supply chain disruptions, or regulatory changes.

This also includes situations where ECO, as the manufacturer, fails to deliver or refuses to supply the ordered items. In such cases, NORDIC Microwave Ablation ApS will inform the Buyer promptly, but holds no liability for any resulting delays or failure to fulfill the order.

  1. Export Control

The Buyer is responsible for compliance with local and international export laws and regulations. The Distributor will not ship to restricted countries or to entities on international sanctions lists.

  1. Governing Law and Jurisdiction

This agreement is governed by Danish law. For sales within Denmark, disputes will be resolved in the Court of Aalborg. For international matters, jurisdiction lies with Sø- & Handelsretten in Copenhagen.

For disputes arising specifically from ECO’s responsibilities—such as product defects, certifications, warranty obligations, or other matters that fall under the manufacturer’s scope—the Buyer agrees that such matters are solely between ECO and the Buyer. In these cases, NORDIC Microwave Ablation ApS acts only as a distributor and shall not be involved in legal claims, disputes, or court proceedings.

The Buyer explicitly agrees not to initiate legal claims or lawsuits against the Distributor for matters under the sole responsibility of ECO.

  1. Severability

If any provision is found unenforceable, the rest of the agreement remains in full effect. Invalid provisions will be adjusted to match the original intent as closely as possible under the law.

  1. Retention of Title

All goods remain the property of NORDIC Microwave Ablation ApS until full payment, including any applicable fees, is received.

  1. Updates to Terms

These Terms and Conditions may be updated at any time. Continued purchases or communications after changes constitute acceptance of the revised terms.