General conditions

OMNIHEALTH B.V.. established in Amsterdam

Article 1. General
OMNIHEALTH performs medical examinations, including seafarer, inland and offshore examinations, driver’s license examinations and customized examinations for various companies. In addition, OMNIHEALTH provides medical check-ups and provides preventive medical advice in the
broadest sense.

Article 2. Definitions
In these General Terms and Conditions, the following shall be understood:
2.1 The Client: a natural or legal person who has contacted OMNIHEALTH to use its medical and/or advisory services.

2.2 Agreement: Any agreement concluded between OMNIHEALTH and Client in the context of medical and/or advisory services, as well as all related activities and legal acts;

2.3 Products: Medical examinations and further relevant services as listed on the website www.OMNIHEALTH.nl ;

2.4 Consultation: The (preventive) medical diagnostic findings to be made by OMNIHEALTH;

2.5 Force Majeure: OMNIHEALTH shall at all times, within reason, fulfill its agreements and obligations. If circumstances beyond the control of OMNIHEALTH occur, as a result of which OMNIHEALTH is unable to fulfill its agreements and/or obligations not, or only partially, OMNIHEALTH shall, for now and then, be indemnified from any liability. Unforeseen circumstances include, but are not limited to; delays and/or lost diagnostic materials at a third party (laboratory), illness or failure of the physician in question as well as other external factors that impede and/or block OMNIHEALTH’s operation.

Article 3. Applicability of these Terms and Conditions
3.1 They form an inseparable part on all contracts and all related medical and/or legal acts between OMNIHEALTH and client;

3.2 They shall prevail over the Client’s General Terms and Conditions (if any) and the Client hereby waives the applicability of its General Terms and Conditions.

3.3 Deviations from and additions to any provision of an agreement and/or the terms and conditions thereof shall only be valid if they are laid down in writing by OMNIHEALTH and shall expressly apply only to that agreement in question.

Article 4. Medical records, Privacy
4.1 OMNIHEALTH stores, to the extent required, client’s anamnesis data in the so-called Medical File. The provisions of Section 88 of the Individual Health Care Professions Act, Section 7:457 of the Civil Code and the generally legal
provisions.

4.2 OMNIHEALTH observes the legal requirements regarding client privacy.

4.3 If client wishes to inspect her or his own medical records, OMNIHEALTH will provide client with a questionnaire for that purpose. There is no charge for this perusal. OMNIHEALTH excludes any form of cooperation or liability on its part, in case the inspection relates to legal and/or conflict situations on the part of client.

4.4 OMNIHEALTH requires each natural person to be able to identify themselves with an official identification document and if this cannot be shown then OMNIHEALTH is entitled to suspend the appointment.

Article 5. Liability OMNIHEALTH
5.1 OMNIHEALTH assumes no liability for the content of laboratory results and assessments of physicians working under or on behalf of OMNIHEALTH. Doctors are medically autonomous and bear responsibility for medical operations themselves.

5.2 The client cannot derive any rights from the doctor’s findings.

Article 6. Unfulfilled commitments
6.1 Appointments can only be changed or cancelled during current business hours and no later than 24 hours in advance. This can be done by phone or email.

6.2 If a relevant appointment is not cancelled by client in time (see 6.1) or, without the relevant client appearing, OMNIHEALTH will charge for it.

Article 7. Rates and Payment
7.1 The prices quoted by OMNIHEALTH are in Euros, exclusive of any sales tax and other government levies, unless otherwise stated or agreed upon.

7.2 The term of payment; within 30 days from invoice date, unless other payment arrangements have been agreed upon and are valid only if confirmed in writing by OMNIHEALTH;

7.3 If the debtor fails to fulfill its obligations, within the period set for that purpose as described under 7.2, it shall be in default, without prior summons and/or notice of default being required, and the invoice shall be increased by the statutory interest on the outstanding balance of the amount owed by the debtor to OMNIHEALTH from the first day of default.

7.4 OMNIHEALTH shall hand over its claim against a debtor for collection after 30 days, if payment by the debtor has failed. The debtor shall then owe extrajudicial collection costs on the principal sum, without prejudice to all costs both in and out of court shall be borne by the debtor and recovered from the debtor.

7.5 If there are any price-increasing factors beyond OMNIHEALTH’s control, OMNIHEALTH shall be entitled to pass on such costs to Client and Client undertakes to pay such costs, unless otherwise stated or agreed upon.

7.6 OMNIHEALTH shall make individual agreements with a legal entity and/or insurer regarding the rates and terms of payment, referring in particular to so-called “project examinations” as well as specific specialist examinations.

Article 8. Default/dissolution
8.1 In case OMNIHEALTH has entered into an agreement with Client, Client shall comply with the timely fulfillment of its payment obligation(s) to OMNIHEALTH, as agreed between the parties in writing.

8.2 If Client does not properly or timely fulfill its payment obligation(s) arising from an agreement, Client is in default without further notice. In this case, all claims held by OMNIHEALTH shall be immediately due and payable, unless otherwise agreed.

8.3 If OMNIHEALTH has reasonable doubt as to the creditworthiness of the client and/or insurer, OMNIHEALTH reserves the right, before performing (further) work, to require advance payment or proper security.

8.4 If Client applies for suspension of payment, is declared bankrupt and/or is placed under guardianship, OMNIHEALTH will be entitled to terminate the agreement or any related agreements with Client in whole or in part.

Article 9. Applicable law, competent court
9.1 These General Terms and Conditions are governed by Dutch law.

9.2 Any disputes shall, to the extent not otherwise required by law, only
may be submitted to the appropriate court.

Article 10. Final provision
These General Terms and Conditions of OMNIHEALTH can be found at www.OMNIHEALTH.nl and are filed with the Amsterdam Chamber of Commerce.