General conditions

General Terms of Sale and Payment
All transactions are governed by the General Terms of Sale and Payment drawn up by the Royal Netherlands Pharmaceutical Society [Koninklijke Nederlandse Maatschappij ter bevordering der Pharmacie, KNMP] in The Hague.
These General Terms of Sale and Payment were filed at the offices of the Haagland Chamber of Commerce in The Hague on 5 September 2001. (Hr 40 409 373)
Applicability
1. These terms and conditions apply to all agreements relating to the sale, remote sale (as also referred to in Section 46a of Book 7 of the Dutch Civil Code [Burgerlijk Wetboek 7:46a]), supply and loan (for use) of products by the pharmacy whereby payment is not effected in cash.

Delivery conditions.
2. If a product is not in stock and must be ordered or specially prepared at the request of the patient/client, that patient/client is under an obligation to purchase said product unless the product does not conform to the requirements of the agreement.

3. If a product is provided by the pharmacist on loan (for use), a deposit will be payable which is equal to the pharmacist's retail sale price. This deposit will be refunded if the product is returned to the pharmacist in a good and proper condition at or before the end of the loan for use period.

Payment conditions.
4. Without prejudice to the provisions of Article 5, the patient/client must render payment within thirty days of the date of the invoice and in a currency which is legal tender in the Netherlands, without any deduction, comparison or discount.

5. Insofar as the pharmacist claims reimbursement direct from the healthcare insurer, the pharmacist retains the right to claim payment from the patient/client in the event that the insurer fails to make payment in due time for the goods or services supplied. Payment by the patient/client must then be effected within 30 days of the request to this end by the pharmacist.

6. If the grace period for payment is exceeded, the pharmacist is entitled - without further notice of default - to add to the sum owing the charges for extrajudicial collection, determined in accordance with the rates set by the National Bar Association of the Netherlands [Nederlandse Orde van Advocaten], with a minimum of € 100, plus interest at the statutory rate as from the due date.
This provision does not prejudice the pharmacist's right to claim compensation for all legal fees incurred in the collection of the debt.

7. Unless the contrary can be proven, the pharmacist's invoice and the relevant administrative details represent complete evidence on the grounds of which the liable party is obliged to render payment.

Disputes, applicable law and competent court
8. Disputes of whatsoever nature arising from any agreement subject to or concerning these terms and conditions must be brought before the competent Dutch court. Dutch law is applicable.

In the case of contradictions or ambiguities between the original Dutch text and the  English translation above, the Dutch text is prevalent.