General terms and conditions

GENERAL TERMS AND CONDITIONS

of Ophtalmo Service BV, with registered office at Industriepark De Bruwaan 5, 9700 Oudenaarde, with company number 0642 908 278, RPR Gent, section Oudenaarde. Tel: +32 (0) 55 31 30 38 - E-mail: info@ophtalmoservice.be (hereinafter Ophtalmo Service) represented by Mr Jean-Charles De Keukeleere, director.

1. Identity of parties

Ophtalmo Service BV, above, registered with the FAMHP under number BE/CA01/1-01455 and with MDR EUDAMAD under number BE-IM-000004229.

Customer (Buyer/Lessee): anyone who enters into an agreement with Ophtalmo Service for the purpose of purchasing or renting an Equipment/Product.

Consumer-Customer: any natural person who is a customer of Ophtalmo Service and acts for private purposes not related to his professional or commercial activities.

Device/Product: Ophthalmic medical products and devices in the broadest sense for all fields related to ophthalmology and configured according to the specific requirements of the Customer.

GENERAL PROVISIONS

2. Scope

2.1 The Customer explicitly declares to have read these General Terms and Conditions before concluding the Agreement. The General Provisions (Title I) apply to all agreements between the Parties, unless they are expressly deviated from in the Special Provisions for Sale Agreements (Title II) and the Special Provisions for Lease Agreements (Title III) respectively.

2.2 The General Terms and Conditions of Ophtalmo Service apply to all offers and agreements entered into, unless otherwise expressly stipulated in writing and to the exclusion of the terms and conditions of the co-contractor, hereinafter referred to as the Client, even if these should stipulate that they apply exclusively. Ophtalmo Service reserves the right to amend and/or supplement the General Terms and Conditions at any time for future contracts. By entering into an agreement, the Client accepts that these General Terms and Conditions form an integral and inseparable part of it. Information in the form of catalogues, brochures, graphics, illustrations and the like are for the purpose of description only and are not binding on Ophtalmo Service.

3. Offers and price

3.1. Offers are valid for 60 calendar days, unless expressly stipulated otherwise.

3.2. The signatory of an offer for the Customer shall be deemed to be authorised to do so, without Ophtalmo Service having to request further information in this respect.

3.3. Ophtalmo Service is at all times entitled to refuse an offer made by the Customer, even if the Customer's offer is based on an offer or quotation made by Ophtalmo Service. An order only binds Ophtalmo Service if it accepts it explicitly and in writing.

3.3. Photographs, drawings, illustrations, samples and trial items are provided for information purposes only and are approximate indications. Minor deviations regarding non-essential characteristics of the contract, between the information shown or communicated on the one hand and the goods supplied on the other hand are possible and do not affect the conformity of the delivery. Even apparent clerical and/or printing errors in the offers or other documents of Ophtalmo Service, which can reasonably be recognised as such by the Customer, do not bind Ophtalmo Service.

3.4. The sale and/or rental shall be concluded at the price stated on the order form, including VAT. Prices are expressed in euros. The VAT rate applicable shall be indicated on the order form and the VAT amount shall be mentioned separately. Ophtalmo Service shall clearly communicate any additional freight, delivery, postage or other costs to the Client.

4. Payment

4.1 Ophtalmo Service reserves the right to ask the Customer for an advance payment on the price. In the absence of payment of the deposit, Ophtalmo Service may suspend performance of its services without prior notice of default. In the case of persistent default by the Customer, 15 days after having received a notice of default by registered post, Ophtalmo Service may unilaterally terminate the agreement. The Customer shall be obliged to reimburse Ophtalmo Service for any damages suffered.

4.2 Unless otherwise stated, Ophtalmo Service invoices are payable on the invoice date to the address of the registered office and this as stated on the invoice.

4.3 In the event of late payment, the Customer shall be liable, ipso jure and without any prior notice of default, to interest of 10% per annum on the amounts still due from the due date.

4.4 In addition, in the event of non-payment, the Customer shall be liable by operation of law and without any prior notice of default to pay liquidated damages of 15% on the total price (including VAT), with a minimum of € 150.00, even if periods of respite are granted.

4.5 In the event of non-payment, Ophtalmo Service shall be entitled to dissolve the agreement with immediate effect or to suspend further deliveries and/or services until full payment of the principal sum, interest and costs has been made.

4.6 All collection costs, lawyer's fees shall be borne by the Customer.

4.7 Any repayment of debts shall first be applied to cover accrued interest.

4.8 The non-payment on the due date of a single invoice renders the balance due of all other invoices, even those not yet due, immediately payable ipso jure.

5. Delivery

5.1 The delivery times indicated by Ophtalmo Service, unless otherwise agreed, are purely indicative. The delivery deadlines can never entail any obligation on our part. Late delivery does not entitle the Client to compensation or to dissolve the contract..

If the Customer is a consumer, a delivery is only late if the indicative delivery date is exceeded by more than 30 calendar days. The Customer shall be informed of any delays, either because stocks of a good are temporarily exhausted or for other reasons, or if an order cannot be fulfilled in whole or in part. In the event of late delivery and if the Customer is a consumer, Ophtalmo Service and the consumer shall agree on an additional delivery period which is appropriate in the circumstances. If Ophtalmo Service cannot deliver the goods within this additional period, the Consumer is entitled to terminate the contract.

5.2 A fixed additional price shall be agreed for the delivery of the goods, unless otherwise agreed. The goods shall in any event be transported at the Customer's risk, irrespective of the agreed mode of transport and cost allocation, even when delivery is carriage paid, unless otherwise agreed in writing.

The method of delivery and the cost of delivery shall be communicated to the Customer in advance. The place of delivery shall be the address notified by the Customer to Ophtalmo Service.

5.3 Ophtalmo Service is entitled to deliver orders in multiple times.

5.4 The Customer may unilaterally terminate the agreement without giving reasons, subject to payment of a flat-rate termination fee of 30% of the total value of the cancelled order, except in the cases of a cancellation as provided for in Article 8.

5.5 The Customer acknowledges that Ophtalmo Service is dependent on the cooperation of the Customer for the delivery of the goods. Among other things, the Customer shall ensure that the place where the goods are to be delivered is free and easily accessible. In the event that the Customer refuses to take delivery of the goods or performs any act necessary for the delivery of goods, Ophtalmo Service may recover any loss and/or costs incurred as a result of such refusal from the Customer. If the Customer still refuses, 15 days after a registered notice of default, this shall be deemed to be a unilateral breach by the Customer. In the event of such refusal, Ophtalmo Service shall be entitled to a flat-rate compensation of 30% of the total value of the cancelled order, without prejudice to compensation for damages suffered insofar as this exceeds the compensation for refusal.

5.6 If the production of an ordered appliance/product is stopped by the suppliers of Ophtalmo Service, the Agreement is dissolved by operation of law.

5.7 If, as a result of the wrong information or lack of essential information about the supply by the Customer to Ophtalmo Service, the supply and/or placement cannot take place under the agreed conditions, all costs caused by this shall be at the expense of the Customer.

6. Repair of the Device/Product

6.1 Repairs shall be carried out after a complaint has been timely and clearly communicated by the Customer. The repairs shall be carried out by Ophtalmo Service, or by the manufacturer of the Equipment/Product, unless otherwise agreed in writing.

6.2 Repairs shall be based on the information communicated by the Customer to Ophtalmo Service or on the complaints stated on the receipt. If no or no clear description of the problems is given, the defects identified by Ophtalmo Service shall be rectified.

6.3 The price for repair is either a fixed price or based on the number of working hours. Unless otherwise agreed in writing, the Customer shall bear the repair costs. The Customer can always specify a maximum amount at which the repair may be carried out. If the repair can be carried out below this amount, the repair shall be carried out without further consent of the Customer. If investigation shows that the price of the repair will be higher than the maximum amount, the Customer's consent must be obtained.

6.4 The repair shall only be commenced after receipt of an advance which shall be determined between the Parties. This advance shall be retained by Ophtalmo Service if the Equipment/Product cannot be repaired. If the Equipment/Product can be repaired, the advance shall be deducted from the final invoice amount to be paid.

6.5 If after examination or repair, certain functions of the Equipment/Product no longer work as before, Ophtalmo Service cannot be held liable.

6.6 If the repaired Appliance/Product is not collected after a first notice of default, the Customer shall owe a storage fee of 150 Euros per day of delay from 14 days after the first notice of default.

7. Liability

7.1 Liability of Ophtalmo Service for damages arising from its liability for bodily and material harm (and mixed), including those due to fire, smoke, explosion, water, shall in any case be limited to the limit amount for which Ophtalmo Service is insured, in particular to the actual intervention of the insurer. The most up-to-date policy conditions are available on request and can be consulted at Ophtalmo Service at any time. The parties expressly acknowledge that this cover is reasonable and proportionate to the disadvantage that the Client might suffer in the event of an assessment at the time of concluding the Agreement.

8. Intellectual property rights and trade secrets

8.1 All intellectual property and similar rights in respect of the goods, drawings, templates, texts, materials, designs, sketches, models and the like made available or otherwise obtained by/from Ophtalmo Service, or manufactured by or on behalf of Ophtalmo Service under the Agreement, shall be the property of Ophtalmo Service from the time these rights arise. Nothing in these Terms and Conditions may be construed or interpreted as a transfer of the intellectual property rights of Ophtalmo Service to the Customer.

 

8.2 The Customer undertakes to treat as confidential all data and information, including know-how and trade secrets, about the business, the customers' activities, the products or other goods and services of Ophtalmo Service and only to disclose them to third parties on a 'need to know' basis unless approved by Ophtalmo Service.

 

9. Force majeure

9.1 If Ophtalmo Service is unable to execute the Agreement temporarily or permanently due to force majeure, which includes, but is not limited to: accidents, war, strikes, compulsory closure and other restrictions due to government measures (including in the context of a pandemic), delays at suppliers, lockouts, riots, natural phenomena, etc., Ophtalmo Service shall be entitled to suspend the performance of its services or to terminate the Agreement without compensating the Customer.

9.2 If the work under the agreement cannot take place due to force majeure on the part of the Customer, the Customer shall report this to Ophtalmo Service immediately upon becoming aware of the force majeure situation. The Customer and Ophtalmo Service shall then agree a new date as soon as possible.

10. Processing of personal data

1. As data controller

10.1 Ophtalmo Service processes personal data of the Customer (as far as physical persons) in accordance with the following provisions. For more information regarding the privacy policy of Ophtalmo Service, the Complainant can contact the Privacy Department at the following e-mail address: privacy@ophtalmoservice.be.

10.2 Ophtalmo Service collects and processes the Customer's personal data for the purposes of customer management (including customer administration, monitoring of recovery files, invoicing, monitoring of solvency, profiling and sending marketing and personalised advertising).

10.3 Personal data is processed on the basis of clause 6.1 (a) (as the Customer gives its explicit consent to the processing by accepting the General Terms and Conditions), clause 6.1 (b) (as the processing will sometimes be necessary for the performance of the contract between the Customer and Ophtalmo Service), clause 6. 1 (c) (as the processing will sometimes be necessary to comply with a legal obligation) and Article 6.1 (d) (as the processing will sometimes be necessary for Ophtalmo Service's legitimate interest in doing business) of the General Data Protection Regulation (GDPR).

Insofar as the processing of the personal data is only carried out on the basis of Article 6.1 (a) (consent), the Customer has the right to withdraw the consent given at any time.

10.4 Where this is necessary for the purposes set out, the Customer's personal data will be shared with other companies within the European Economic Area that are directly or indirectly linked to Ophtalmo Service or with any other partner of Ophtalmo Service.

Ophtalmo Service guarantees that these recipients will take the necessary technical and organisational measures to protect the personal data.

10.5 Personal data processed for customer management purposes will be retained for the period necessary to meet legal requirements (including bookkeeping) and at least as long as the legal limitation period applies to Ophtalmo Service.

10.6 The Customer may at any time access his personal data and may correct them or have them corrected if they are incorrect or incomplete, have them removed, restrict their processing and object to the processing of personal data relating to him on the basis of Article 6.1 (f) of the AVG, including profiling on the basis of that provision.

In addition, the Customer has the right to obtain a copy (in a structured, accessible and machine-readable form) of his personal data and to have the personal data transferred to another company.

 

In order to exercise the aforementioned rights, the Customer is requested to send an e-mail to the following e-mail address: privacy@ophtalmoservice.be.

10.7 The Customer has the right to object, free of charge, to any processing of his personal data for the purposes of direct marketing.

10.8 The Customer has the right to submit a complaint to the Data Protection Authority (rue du Ducroire 35, 10000 Brussels - commission@privacycommission.be)

2. As processor

10.9 Ophtalmo Service processes personal data of the Customer's clients in the context of the Agreement. These are personal data relating to the order placed by the Customer and which are necessary to follow up and execute the order.

Ophtalmo Service processes these personal data exclusively on behalf of the Customer, who has communicated these personal data to Ophtalmo Service.

Ophtalmo Service shall process these data until it receives an order from the Customer to stop processing them.

Ophtalmo Service offers, as clarified in the following provisions, adequate guarantees regarding the application of appropriate technical and organisational measures so that the processing complies with the requirements of the AVG and the protection of the Customer's clients is guaranteed.

10.10 Ophtalmo Service shall only process personal data on the basis of the Customer's written instructions, unless a legal provision would oblige Ophtalmo Service to process. In that case, Ophtalmo Service shall notify the Customer of that legal provision prior to processing, unless such legislation prohibits such notification for important public interest reasons.

10.11 Ophtalmo Service guarantees that the persons authorised to process the personal data have undertaken to observe confidentiality or are bound by an appropriate legal obligation of confidentiality.

10.12 Ophtalmo Service guarantees to take all the measures required under Article 32 of the AVG (security of processing).

10.13 Ophtalmo Service shall obtain the Customer's general consent to employ other (sub)processors. Ophtalmo Service will inform the Customer of intended changes regarding the addition or replacement of other (sub)processors, giving the Customer the opportunity to object to these changes. In the event of an objection, this may in some cases mean that the Customer must terminate the Agreement, which the Customer accepts. Whether the Agreement must be terminated for these reasons is at the sole discretion of Ophtalmo Service.

Where Ophtalmo Service engages another processor to carry out specific processing activities on behalf of the Customer, the same data protection obligations shall be contractually imposed on such other processor as those set out in current Article 10 (b) between Ophtalmo Service and the Customer, in particular the obligation to provide adequate guarantees regarding the application of appropriate technical and organisational measures so that processing complies with the provisions of the AVG. Where the other processor fails to fulfil its data protection obligations, Ophtalmo Service shall remain fully liable to the Customer for the fulfilment of the obligations of that other processor.

10.14 Ophtalmo Service will, taking into account the nature of the processing, assist the Customer by means of appropriate technical and organisational measures, as far as possible, in fulfilling their duty to respond to requests for the exercise of the rights of the Customer's clients laid down in Chapter III of the AVG.

10.15 Ophtalmo Service shall, taking into account the nature of the processing and the information available to it, assist the Customer in complying with its obligations under Articles 32 to 36 of the AVG.

10.16 At the end of the processing service, according to the Customer's choice, Ophtalmo Service shall erase all personal data or return it to them, and delete existing copies, unless storage of the personal data is required by law.

10.17 Ophtalmo Service shall make available to the Customer all information necessary to demonstrate compliance with the above undertakings and to enable and contribute to audits, including inspections, by the Customer or an auditor authorised by them.

11. Varia

11.1 No failure or omission of either party to enforce or comply with any term or condition of this Agreement shall constitute a waiver of such term or condition.

11.2 The possible nullity of one or more provisions of these General Terms and Conditions shall not result in the nullity of the entire agreement. The other provisions shall continue to apply in full. If a clause is affected by nullity, it shall be replaced by a clause which corresponds as closely as possible to the intention of the parties.

11.3 The contract is governed by Belgian law. Any disputes shall fall within the jurisdiction of the courts with a branch office in the judicial district within which the Ophtalmo Service head office is located.

11.4 These General Terms and Conditions constitute the entire agreement between the Customer and Ophtalmo Service in respect of the matter contained therein.

TITEL 2. SPECIAL PROVISIONS FOR SALES CONTRACTS

12. Reservation of ownership

12.1 Parties explicitly agree that the sold appliances/products including accessories shall remain the full and exclusive property of Ophtalmo Service (seller) until full payment of the price, consisting of the principal sum and all additional costs and possible interest.

12.2 Until full payment for the Goods has been made, the Customer shall refrain from selling, hiring out, pledging or in any other way disposing of the Goods and shall not make any alterations that could reduce their value. The Customer undertakes to maintain the Goods in perfect condition. In the event of the disposal (in whole or in part) of an item which has not been paid for in full by the Customer, the latter shall automatically and unconditionally transfer his legal claim against his debtor to Ophtalmo Service.

13. Complaints procedure and warranty

13.1 The Customer is deemed to be sufficiently familiar with and to have accepted the goods which are the subject of his purchase. He declares to have received sufficient information in this respect in advance. The goods are delivered and accepted in the condition in which they are.

13.2 Visible defects: The delivery, except with respect to defects which are not visible upon reasonable inspection, shall be deemed accepted unless such defects are reported to Ophtalmo Service in writing, stating reasons, within a period of 48 hours of receipt of the delivery. Where the goods are delivered at several times, this rule shall apply to each delivery separately. Ophtalmo Service shall, in the case of a justified complaint, replace the goods in question free of charge unless the Customer is at fault. Ophtalmo Service shall not be liable for any other compensation and/or costs. The timely notification of complaints by the Customer does not suspend his/her obligation to pay. In such cases, the Customer shall also remain obliged to take delivery of and pay for the other goods ordered. If the visible defect is reported later, the Customer is no longer entitled to free replacement.

13.3 Hidden defects: Ophtalmo Service guarantees the Customer for hidden defects concerning the goods supplied and the works and/or services carried out. The guarantee for hidden defects ends 12 months after the date of delivery of goods and/or the end of the performance of the works and/or services and after the commissioning of the installation. The Customer must notify Ophtalmo Service of hidden defects, on pain of forfeiture, within seven calendar days of the discovery of the hidden defect by the Customer or following the moment at which the Customer should have discovered the hidden defect, in writing and by registered post. Ophtalmo Service or the producer shall, in the event of a justified complaint, repair or replace the goods in question free of charge or, as the case may be, credit the invoice value. Ophtalmo Service shall not, under any circumstances, be held liable for other compensation and/or costs.

13.4 Legal guarantee: For goods supplied by Ophtalmo Service to consumers, the legal guarantee of 2 years applies. If the delivered good does not comply with the agreement, the consumer must notify Ophtalmo Service within a period of 2 months after its discovery. The consumer has certain rights as defined in articles 1649bis to 1649octies of the Civil Code. Without prejudice to the provisions of this article, there is no legal guarantee in the following cases: (a) if the wear and tear may be regarded as normal, (b) if changes have been made to the goods, including repairs, without the consent of Ophtalmo Service or the manufacturer; (c) if the original invoice cannot be shown, has been altered or is no longer legible; (d) if the defects are the result of use that is not in accordance with or not specifically intended for the purpose; and (e) if the damage is deliberate; testifies to serious negligence or poor maintenance. For second-hand goods, the legal warranty is reduced to 1 year.

13.5 If it is established that the complaint is unjustified, the costs incurred as a result, including the research costs incurred by Ophtalmo Service, shall be borne in full by the Customer.

14. Liability - exemption

Ophtalmo Service shall under no circumstances be liable for damage and/or defects arising from wear and tear, an application and/or use of the Goods that is not in accordance with the rules of the art or the regulations. The guarantee for hidden defects shall only apply if the Goods have been used with due care and with respect for the instructions for use and shall therefore lapse in the event of lack of (proper) maintenance, use of spare parts or accessories not approved by Ophtalmo Service or the manufacturer, technical interventions not carried out by Ophtalmo Service or third parties employed by it, if the original invoice cannot be shown, has been altered or is no longer legible or if the damage is deliberate or demonstrates gross negligence.

15. Right of withdrawal (only for consumer-Customers in the case of contracts concluded at a distance or away from the company's premises)

15.1 The distance contract is concluded at the time of acceptance of the offer by means of a written confirmation by the Customer.

15.2 The consumer-Customer has the right to terminate the Agreement within a period of 14 days after delivery of the Goods, without giving any reason, if the sale took place at a distance (online) or outside the sales premises (at a fair, exhibition, ...).

15.3. The right of withdrawal shall be exercised by sending a clear statement in writing, by post or by e-mail, within 14 calendar days from delivery, using the following model form: https://economie.fgov.be/sites/default/files/Files/Forms/Formulier-herroeping.pdf

15.3. The Consumer-Customer shall be liable for any depreciation of the Goods resulting from handling of the Goods beyond what was necessary to establish the proper functioning of the Goods.

TITEL 3. SPECIAL PROVISIONS FOR LEASES/RENTAL AGREEMENTS

16. Leased/Rented goods

16.1 Ophtalmo Service (the Lessor) shall always remain the exclusive owner of the Hired Goods. The Customer shall not remove, conceal or dispose of the ownership label on the Hired Goods, if any.

16.2 The Customer shall also provide any third party wishing to assert any rights in respect of the Hired Goods, such as the holder of a pledge on the merchandise or to any third party wishing to attach the Hired Goods, with access to this Agreement and point out that the Hired Goods are the property of Ophtalmo Service. The Customer shall immediately notify Ophtalmo Service in writing of any such occurrence and shall upon request by Ophtalmo Service furnish the relevant documents in this regard.

17. Use of the leased/rented goods

17.1 The Customer undertakes to use the Hired Goods only for personal or professional purposes at the location provided for in the Contract. The Customer shall bear the risk of loss of or damage to the Hired Goods throughout the hire period, excluding transport. Transport, loading and unloading costs shall be borne by the Customer.

17.2 Ophtalmo Service shall deliver the Rented Goods in a perfect state of repair. The Customer shall check this condition on delivery. Acceptance of the Hired Goods shall be deemed final acceptance in perfect condition. The Customer shall bear the burden of proof of any non-conforming delivery.

17.3 The Customer undertakes to use the Hired Goods with all due care and attention and in particular:

a) use the Hired Goods in the normal manner and in accordance with the supplier's instructions for use and maintain them in good working order at all times;

b) check lubricants, coolants or maintenance products daily and top up if necessary;

c) keep the Hired Goods in proper working order;

d) comply with all laws and regulations relating to the use, commissioning or possession of the Hired Goods

17.4 The Customer undertakes to have the maintenance and repairs of the Hired Goods carried out exclusively by Ophtalmo Service or by third parties accepted by Ophtalmo Service.

17.5. The Customer shall immediately notify Ophtalmo Service of any damage, defects, destruction or theft of the Hired Goods as well as of any accident or occurrence which may affect their good condition.

17.6. The Customer shall be liable for any non-conforming or improper use of the Hired Goods. The Customer shall in addition be liable to return the Hired Goods in the same condition as when they were delivered. Without prejudice to its remedies against third parties, it shall be liable for any loss or damage without being able to claim against Ophtalmo Service for any fault or wilful act of a third party, coincidence or force majeure. Return by Ophtalmo Service does not constitute acceptance and does not exclude a claim for compensation. Ophtalmo Service has a period of 10 working days after taking back the goods in which to inform the Customer of its findings regarding damage or loss of value. Ophtalmo Service shall do so by written notice inviting the Customer to come and contradict the damage at the Ophtalmo Service warehouse within the same period (48 hours). If the Customer fails to respond in time, this shall be deemed acceptance. Ophtalmo Service shall then be entitled to proceed to immediate repair or replacement and charge the costs, as well as all additional damages, to the Customer.

17.7 The Customer may be required to pay a deposit.

17.8 The Customer shall not, without the written consent of Ophtalmo Service, sublet, lend or under any other circumstances hand over the Hired Property to any third party or allow it to be used by any third party

18. Liability

18.1. The Customer shall be liable throughout the period of hire for any damage or nuisance which the Hired Property or its use, even if not faulty, may cause to third parties. The Customer shall indemnify Ophtalmo Service against any claims from third parties for damage caused with or by the Hired Property.

18.2. Ophtalmo Service shall in no case be liable if the tenant has allowed the use of the rented property by third parties without written permission and these third parties have suffered material and/or physical damage as a result.

19. Duration

19.1. The hire contract shall commence, as the case may be, (1) at the time the Customer or its agent takes delivery of the Hired Goods at the Ophtalmo Service depots or (2) at the time the Hired Goods leave the Ophtalmo Service depots.

19.2. Where it has been agreed that the Hired Goods are to be delivered on a particular day by the care of Ophtalmo Service or a carrier to be appointed by it, the Customer (or an appointee) shall be required to be present to take delivery. In its absence Ophtalmo Service shall be entitled to take back the Hired Goods and to charge the Customer for the cost of transport. However, the Customer who fails to collect or take delivery of the Hired Goods at the agreed time shall remain bound by the hire contract for the agreed period.

19.3. The rental agreement ends, if it has been entered into for a specific period, at the agreed point in time, without the Customer being able to invoke a tacit extension.

19.4 The rental agreement may also be dissolved in the event of a serious breach of contract by one of the Parties. In the event of a serious breach of contract by the Customer (such as, but not limited to: misuse, non-payment, abandonment to third parties), the Customer shall be liable for compensation in the amount of the agreed rental price for the remainder of the term, without prejudice to the right to prove a higher damage.

19.5. Upon termination of the lease/rental contract the Customer shall be required to return the Hired Goods. Ophtalmo Service shall from that time be entitled to recover the Hired Property wherever it may be. All costs incurred in this connection shall be borne by the Customer. For each day's delay in returning the Hired Property, the Customer shall pay compensation equal to the normal daily hire charge, without prejudice to Ophtalmo Service's right to claim additional damages.

20. Repairs to the Hired Goods

20.1. Without prejudice to the application of Article 6, the Customer shall immediately notify Ophtalmo Service of any necessary repairs. Under no circumstances shall the Customer carry out the repairs itself. Ophtalmo Service shall carry out the repairs itself or have them carried out at its expense, at no cost to the Customer, except where the repairs prove necessary due to misuse, negligence or fault of the Customer. The time needed for care, maintenance and any necessary repair work is included in the rental period, except when it is necessary due to normal wear and tear. The Customer shall not be entitled to any compensation by reason of any interruption in the use of the Hired Property and shall not be entitled to rescind the contract.