General 1. The present terms and conditions shall apply to each and very agreement between EOC and patient, to which EOC has declared the present terms and conditions applicable, insofar as parties have not explicitly deviated from the present terms and conditions in writing. 2. The present terms and conditions shall also apply to all agreements with EOC, the execution of which calls for the services of third parties. 3. Possible deviations from the present general terms and conditions shall only be valid provided they have been explicitly agreed in writing. 4. The applicability of patient’s conditions is explicitly rejected. If one of more stipulations in the present terms and conditions should be null and void or declared null and void, then the other stipulations of the present terms and conditions shall remain fully applicable. The case ensuing, EOC and patient shall enter into negotiations to agree upon new stipulations replacing the null and void conditions, or, as the case may be, the conditions declared null and void, whereby the purpose and the meaning of the original conditions shall be heeded as far as possible. Offers and Tenders 6. All offers shall be free of obligation unless the offer contains an acceptance term. 7. The offers made by EOC shall be free of obligation; they shall be valid for a period of 30 days, unless indicated otherwise. EOC shall only be bound by the offers if the acceptance thereof is confirmed in writing by the opposite party within 30 days, unless indicated otherwise. 8. The prices given in above-mentioned offers and tenders shall be inclusive of V.A.T. Execution of the Agreement 9. The patient shall see to it that EOC shall be provided in due time with all data which EOC has said to be necessary of which the patient must in all reasonableness understand to be necessary to the execution of the agreement. If EOC has not been provided in due time with the data necessary to the execution of the agreement, EOC shall have the right to suspend the execution of the agreement and/or to charge the patient for the additional costs resulting from the delay at the generally accepted rates. 10. EOC shall not be liable for damage of whatever nature caused by the fact that EOC worked on the basis of incorrect and/or incomplete data provided by the patient, unless EOC should have aware of said incorrectness or incompleteness. Payment 11. Payment must be made within 14 days from the date of invoice, in a way to be indicated by EOC and in the currency in which the statement of expenses was drawn up. Contestation of the amount of the statements of expenses shall not suspend the fulfillment of the payment obligation. 12. If patient fails to fulfill his payment obligation within the term of 14 days, then patient shall be in default by operation of law. In that event, patient shall owe an interest of 1% per month, unless the statutory interest rate is higher, in which case the statutory interest shall apply. The interest of the amount due and payable shall be calculated as from the day the patient is in default until the moment he has paid the amount in full. 13. EOC’s claims against patient shall become due on demand in the event that patient is wound up, attached, declared bankrupt is granted. Annulation 14. In case of an annulation before the offical booking and payment of the deposit there are no cancellation costs involved. 15. In case of an annulation after the offcial booking the cancellation costs are € 650. 16. In case of postponing the surgery date there are no extra costs involved if there is no refund required. 17. In case of postponing the surgery date and there is request for refund, the costs will be € 650. Safeguarding 18. The patient shall safeguard EOC against claims filed by third parties concerning intellectual property rights on material or data provided by the client, which shall be used for and during the execution of the agreement. Secrecy 19. Both parties shall be bound to secrecy of all confidential information they have received within the scope of their agreement from each other of from another source. Information shall be considered to be confidential if the other party has indicated so or if the confidential character results from the nature of the information. 20. If a statutory provision or a judicial decision compels EOC to convey confidential information to third parties designated by law or by the court and EOC cannot for that purpose invoke a legal right to refuse to give evidence or such a right acknowledged or allowed by the competent court, EOC shall not be held to pay damages or compensation and the opposite party shall not be entitled to demand the dissolution of the agreement on the ground of any damage resulting from said circumstance. Disputes 21. The Court in EOC’s place of business shall have exclusive jurisdiction to hear actions, unless the District Court is the complete court. EOC shall nevertheless be entitled to submit the dispute to the Court deemed competent by the law. 22. Parties shall only refer the matter to the court if they have done their utmost to solve the dispute in mutual consultations. Applicable Law 23. Dutch law shall apply to each and every agreement between EOC and patient. Changes to the Terms and Conditions, interpretation and their location. 24. The present terms and conditions have been filed at the office of the Chamber of Commerce in Haarlem/Amsterdam. 25. The Dutch version of these general terms and conditions prevails at all time in case of disputes with regard to the interpretation and purpose of these terms and conditions. 26. The most recently filed version shall always apply, or, as the case may be, the version valid at the time the agreement was concluded.