Terms and conditions
DOCUMENT OF LIABILITY OF «AVINENT IMPLANT SYSTEM S.L.U.» ABOUT SUPPLIED PRODUCTS
First.- AVINENT IMPLANT SYSTEM S.L.U. (hereinafter, "AVINENT") declines all types of responsibility, as established in current Spanish legislation and through applicable International Agreements, in relation to the products supplied to the buyer and which are detailed below, both for hidden defects as in relation to liability for defective products, as provided, respectively, in the Civil Code and Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.
The buyer assumes exclusively, at his own risk, responsibility for any defects, incidents, problems, contingencies, damages, losses and / or judicial and / or extrajudicial claims, expressly exempting AVINENT to that effect against the buyer himself and / or in front of any other third parties.
At the mere request and / or verbal request of AVINENT, the buyer will assume what is indicated in the previous paragraph against any third parties who claim against AVINENT, issuing, where appropriate, the buyer the appropriate certificate of exoneration in favor of AVINENT, agreeing on the latter and the buyer who issued it himself that said certificate holds the condition of obligation and / or contract, in accordance with the provisions of articles 1,088 and following of the Civil Code.
Second.- The buyer exempts AVINENT, against himself and against any other third parties, if applicable, from the reorganization by eviction, in accordance with the provisions of article 1,477 of the Civil Code.
Likewise, the buyer makes express resignation with knowledge of the risks of eviction and submitting to its consequences, as provided in article 1,477 of the Civil Code, in turn renouncing any other rights derived from the aforementioned eviction.
Third.- AVINENT guarantees its responsibility as a manufacturer and the buyer expressly exonerates it, against itself and / or against third parties, without the need for proof to the contrary, in relation to the cases indicated in article 140.1 of Royal Legislative Decree 1 / 2007, of November 16, by which the revised text of the General Law for the Defense of Consumers and Users and other complementary laws is approved.
The buyer expressly assumes that the presumption mentioned in the previous paragraph is “iuris et de iure”, without admitting proof to the contrary by the buyer and, in the event that such proof to the contrary applies, the buyer expressly assumes the hypothetically attributable responsibilities to AVINENT.
Likewise, the buyer expressly exonerates, vis-à-vis himself and / or any other third parties, from responsibilities other than those already set forth in this Third Provision and, especially, those contained in article 142 of Royal Legislative Decree 1/2007 , of November 16, by which the revised text of the General Law for the Defense of Consumers and Users and other complementary laws is approved.
Fourth.- AVINENT's liability exoneration in relation to the products supplied to the buyer is understood without prejudice to the mandatory limitations of liability provided by law and regulations.
Fifth.- AVINENT, for the applicable purposes and in accordance with the Stipulations of this document, makes available to the buyer, as well as to any other third parties, where appropriate, the following telephone numbers for any type of question in relation to this document and its effects, along with the schedules that are included below:
Hours: Monday to Friday, from 9:00 a.m. to 7:00 p.m. Telephone: +34 902 38 38 48
Sixth.- AVINENT is totally exempted from liability to the buyer and / or, where appropriate, to third parties, for cases of damage, injury and / or trauma derived from accidents, incidents and / or contingencies other than those of implantology. and / or placement of implants by the physician and / or doctor.
Likewise, AVINENT is totally exempt from liability for the misuse of the implant by any physician and / or doctor, in addition to the buyer himself.
Regarding the buyer, he expressly agrees to AVINENT to comply with the diligence of a good parent in relation to the use and conservation of the products supplied to the buyer, in accordance with current legislation and, especially, as provided in the Commercial Code and the Civil Code.
Seventh.- In accordance with the due diligence of the buyer and detailed in the previous Sixth Stipulation, he and / or any other third parties, by express mandate to the buyer himself, undertake not to contact the products supplied to the buyer any explosive, flammable, dangerous, uncomfortable or unhealthy materials and observe the current state, regional and municipal ordinances and regulations at all times.
Failure to comply with the provisions of the previous paragraph will entail the power in favor of any injured third parties to file the appropriate claim / s, as provided in our Legal System, for the negligence mentioned in the reiterated previous paragraph, exempting themselves expressly in this regard to AVINENT.
Eighth.- It is a product in industrial packaging. The person responsible for the industrial packaging waste will be the final holder (art. 18 of RD 782/1998, packaging and packaging waste regulations).
Ninth.- In the event that the products supplied to the buyer be returned to AVINENT, the appropriate return procedure and / or protocol is agreed.
The buyer expressly accepts as an integral part of this document the aforementioned return procedure and / or protocol, as well as the novations, modifications, rectifications and / or additions that may occur regarding the latter, at the request of AVINENT and without the right to object. in no case in favor of the buyer.
AVINENT is expressly exempted from the return of products indicated in the previous paragraph with respect to the buyer who was in default against AVINENT itself.
AVINENT has different return procedures and / or protocols, distinguishing between return, cancellation, exchange and / or payment, as well as regarding the types of products where appropriate. To consult the appropriate protocol, please call 34 902 38 38 48.
Tenth.- AVINENT expressly prohibits the buyer - unless expressly authorized by the latter, in writing and carried out through reliable conduit - commercial and profit-making resale, in accordance with the provisions of article 325 of the Commercial Code, with respect to the products supplied to the buyer.
Failure to comply with the prohibition detailed in the previous paragraph will give rise, where appropriate, to the power in favor of AVINENT to claim the damages caused by the aforementioned resale through the appropriate channels and / or procedures.
Eleventh.- AVINENT and the buyer of the products supplied to the buyer expressly declare that they comply with the regulations and regulations regarding the protection of personal data and, especially, with the provisions of Organic Law 15/1999, of December 13, on the Protection of Personal data. In compliance with Organic Law 15/1999, of December 13, on the Protection of Personal Data, the personal data supplied by AVINENT to the buyer will become part of a file owned by said buyer, duly registered in the Registry. General of Data Protection of the Spanish Agency for Data Protection. Said data will be used for management purposes, as well as to send you information about the products and services that may be of interest to you.
The buyer expressly states that he has adopted the security levels required for the data provided by installing the necessary technical and organizational measures to prevent their loss, alteration, inappropriate use or unauthorized access to the files referred to in the previous paragraph.
Likewise, the buyer ensures the confidentiality of the data provided, guaranteeing that they will not be transferred to third parties outside AVINENT without their consent, without prejudice to the exercise, where appropriate, of the rights of access, rectification, cancellation and opposition determined by Organic Law 15 / 1999, of December 13, Protection of Personal Data.
The non-compliance by the buyer of its obligations contained in this Eleventh Provision will give rise, where appropriate, to the power in favor of AVINENT to claim, through the appropriate channels and / or procedures, the damages caused by the aforementioned breaches.
Twelfth.- The buyer expressly undertakes, at the mere verbal or written request of AVINENT, to allow AVINENT access to the place where the products supplied to the buyer are deposited, for the realization, inspection and / or verification of any kind of problem, repair or any incident that affects said products supplied by AVINENT. This right of information and inspection in favor of AVINENT extends especially, in its broadest extent and degree, to inspect and / or review the proper use of said products by the buyer, authorizing AVINENT in relation to third parties the referred right of inspection (doctors, doctors and / or others). Likewise, the buyer expressly undertakes to follow any instructions for use that AVINENT directs and / or requires, verbally and / or in writing.
Failure to comply with the obligations described in this Twelfth Stipulation, including the correlative right to information in favor of AVINENT, will give rise, where appropriate, to the power in favor of AVINENT to claim damages and losses through the appropriate channels and / or procedures. caused by any of the breaches mentioned in the previous paragraph.
Thirteenth.- The buyer expressly agrees to AVINENT to comply with its obligations arising from the Stipulations of this document with diligence and good faith, obliging in turn to comply with the instructions and provide the corresponding information that AVINENT requires in execution of the sale of products supplied to the buyer and which are detailed on the front of this invoice.
Likewise, the buyer expressly undertakes to ensure the preservation, good name and reputation of AVINENT in the market.
Failure to comply with the obligations described in this Thirteenth Clause will give rise, where appropriate, to the power in favor of AVINENT to claim, through the appropriate channels and / or procedures, the damages caused by any of the breaches mentioned in the indicated Thirteenth Provision.
Fourteenth.- The Law Applicable to this Contract is the Spanish Law, with the exception of the International Agreements and / or Treaties that may be applicable.
Fifteenth.- The buyer and AVINENT expressly submit to the Courts and Tribunals of Manresa, in relation to any controversy originated or caused by this document.
Sixteenth.- AVINENT reserves the right not to serve an order if due to force majeure it is unable to do so, in which case we will notify you as soon as possible by sending a message to your email address.