Unless Coloplast has agreed otherwise in writing, the sales and delivery terms below shall prevail in relation to any delivery made by Coloplast.

ORDERS
All orders for Coloplast products should be made in writing, stating name of product, code number, quantities, and preferred delivery dates.
To ensure same day dispatch, Customer Care should receive orders before 12 noon E.S.T. Delivery times vary depending on locality of final destination.  For emergency stock, please specify that the stock is for an emergency at the time of ordering.

ADVICE
Any advice, recommendation, information, assistance or service provided by the Seller in relation to goods sold or manufactured by it or their use or application is given in good faith and is believed by the Seller to be appropriate and reliable. However, any advice, recommendation, information, assistance or service provided by the Seller in relation to any goods supplied by the Seller is provided without liability or responsibility on the part of the Seller.

PRICE
The price charged shall be the price ruling at the date of delivery unless otherwise agreed in writing. Any price indications or price lists are subject to alteration to price ruling at the Delivery Date. A separate freight and/or handling fee is to apply to all deliveries.

DELIVERY
The Seller will make all reasonable efforts to have the goods delivered to the Buyer on the date agreed between the parties as the Delivery Date, but the Seller shall be under no liability whatsoever should delivery not be made on this date.

LIABILITY FOR DEFECTIVE PRODUCTS
Any visual damage shall be reported immediately or at the latest ten (10) days after (late of delivery. Claims in relation to visual damage received after such state will not be accepted.
Other complaints in relation to defective products must be received by Coloplast within three months from date of delivery ex warehouse, or if other delivery terms are agreed, three months from the date of delivery according to such delivery terms. Complaints received after such date will not be accepted.
With any complaint Coloplast must receive samples of products and a report clearly indicating the nature of the alleged defect and the size of such defect in relation to the order.
At the request of Coloplast the customer shall grant access to defective products for Coloplast personnel or representatives of Coloplast during regular business hours.
The liability of Coloplast in relation to defective products shall never exceed the obligation for Coloplast to substitute such defective products.

PRODUCT RETURN
Coloplast will accept goods providing they are in the same condition as they were dispatched (i.e. in saleable condition).  Please contact Customer Care who will organize for the goods to be collected.
Where return of non-defective product is sought, approval must be obtained from the appropriate Product Manager prior to its return. The product must be returned at the buyers expense in a saleable condition and part boxes will not be accepted. A restocking fee of 10% will be charged.
PRODUCT LIABILITY
The product liability of Coloplast in relation to any occurrence shall never exceed the limit of Coloplast's current product liability insurance.
Coloplast shall never he liable for any injury to person or property in relation to misuse of the products. Coloplast is not liable for indirect losses including but not limited to loss of profit and loss of time.

PROPERTY
(a) Property in the goods shall remain with the Seller and the Seller reserves the right to dispose of the goods until such time as:
(i) full payment is made for all amounts owing by the Buyer to the Seller so that the Buyers total indebtedness to the Seller under these Conditions of Sale is discharged; or
(ii) the Buyer sells the goods to his customers in the ordinary course of business.
(b) If the Buyer fails to pay any amount of the Buyer's total indebtedness to the Seller under these Conditions of Sale when it is due to the Seller or, an event of default as specified in subsection (c) hereof occurs the Seller may without notice and without prejudice to any of its other rights and remedies recover and/or re-sell the goods or any of them and may enter upon the Buyer's premises by its servants or agents for that purpose.
(c) Notwithstanding the provisions of these Conditions of Sale and in particular the 'Payment and Default' clause hereof, payment shall become due immediately upon the Buyer (being a natural person) committing any act of bankruptcy or the Buyer (being a company) committing any act which entitles any person to apply to wind up the Buyer, or a Receiver or Receiver and Manager of the Buyer is appointed.
(d) Until full payment the Buyer shall store the goods in a way that clearly manifests the Seller's title.
(e) The Buyer acknowledges that until his total indebtedness under these Conditions of Sale to the Seller is discharged he holds the goods as bailee of the Seller and that a fiduciary relationship exists between them.
(f) In the event of sale of the goods to his customers the Buyer in his position as a fiduciary shall:
(i) assign to the Seller the benefit of any claim against a customer, and
(ii) account fully to the Seller for the proceeds of the sale (unless and until the Buyer's total indebtedness to the Seller under these Conditions of Sale is discharged).

FORCE MAJEURE
Coloplast shall not be liable for non-performance of its commitments due to force majeure afflicting Coloplast or the regular suppliers of Coloplast.
Force rnajeure includes but is not limited to rebellions, mutinies, epidemics, landslides, lightning, earthquakes, fires storms, floods, sinking, drought, civil disturbances, explosions, acts or decisions of state or National Government authorities or of Courts of law, strikes, breakdown of machinery, lack of supplies or any other causes similar or completely different all beyond the control of Coloplast.

PAYMENT AND DEFAULT
Unless otherwise agreed expressly in writing the terms of payment shall be 30 days from invoice date. If the Buyer makes default in any payment or commits any act of bankruptcy or being an incorporated company, passes a resolution for winding up (except for the purpose of reconstruction) or a petition is presented for its winding up, the Seller may without prejudice to its own rights either suspend further deliveries, require payment in advance for all such deliveries or terminate any contract forthwith by written notice to the Buyer.