1. In these general terms and conditions, the following definitions shall apply:
   a. Client: the person who has commissioned Orthodontie Emmakwartier B.V., hereinafter referred to as “OM”, to perform dental and orthodontic work (treatments).
   b. In these terms of payment, where appropriate, client also means client’s legal representative.
   c. Treatment: all treatments, as laid down in an offer or invoice sent to the client in advance and all actions directly related to the client’s assignment in the broadest sense of the word.

1. In principle, the agreement is established at the moment the signed statement of agreement/informed consent is received by OE, or after the client makes an appointment for implementation of a proposed treatment.
2. Quotes made by OE are non-binding; they are valid for two months after the intake, on which that quote was based, unless otherwise indicated.

OE is obliged to maintain confidentiality with respect to third parties not involved in the performance of the assignment. This duty of confidentiality concerns all information of a confidential nature made available to OE by the client. The obligation of confidentiality does not apply if the law requires disclosure of certain information. OE is entitled to use the information, obtained, for statistical purposes or to inform on the general health of the client and on circumstances that may affect treatment.

1. Complaints about work performed or the invoice must be made by the client within 30 days of discovery,
   but no later than three months after completion of the work in question, must be reported in writing to OE.
2. A complaint, as referred to in the first paragraph, does not suspend the client’s payment obligation.
3. If a complaint is justified and repair is possible, OE will still perform the work as agreed upon.

1. All contracts between the client and OE are governed by Dutch law.
2. All disputes related to the agreement between the client and OE, to which these general terms and conditions apply,
   shall be settled by the competent court in the district where OE has its office.
3. If any provision of these general terms and conditions is void or voidable, this shall not affect the validity of the remaining provisions.

1. The cost of treatment of the client under 16 years of age is payable by the legal representative. Clients aged 16 or 17 years are liable for the cost of their treatment themselves, unless the legal representative has confirmed in writing that they are paying the cost.
2. In the case of a treatment for which the Dutch Health Care Authority prescribes that a quotation be given in advance, OE will give a quotation in advance. OE has the right to change prices on an interim basis. Upon notification of this change, the client has the right to dissolve the treatment agreement. The client will also be informed in case of complications during treatment, exceeding the treatment duration and/or exceeding the budget by more than 15%. The treatment time estimated for orthodontic treatment is informational only and no rights can be derived from it.
3. The client who pays the bill privately, that is, does not have health insurance or does not pay through a health insurance company, is bound by the following provisions:
   1. If requested, the client must pay all or part of the bill before OE begins work. OE has the right both before the start of treatment and in the interim to suspend the implementation of treatment until the client has made the advance payment due to OE.
   2. Fixed appointments can be rescheduled free of charge up to 48 hours before the scheduled time. If the client fails to appear for an appointment, or cancels late, the client will be charged the treatment fee. The handling fee is a minimum of 15% of the total invoice amount. OE has the right to seek compensation for actual damages.
   3. Payments must be made in cash or by debit card, at OE’s offices, or by payment (credit) to an account number to be named by OE. The client cannot derive any rights from the treatment agreement if the advance payment, referred to in paragraph a of this article, has not been received by OE.
   4. In that case, the client shall also be in default by operation of law and OE shall be entitled, without further summons or notice of default, to charge the client interest of 1% per month from the day of treatment until the date of payment in full, without prejudice to any further rights OE may have.
   5. If the client defaults in the performance of one or more of its obligations, OE has the right to hand over its claim for collection. The costs involved, both in and out of court, will then be borne by the client. In any case, the client owes:
      1. over the first Euro 3,000 15% (with a minimum of Euro 1,000)
      2. on the excess up to Euro 6,000 10%
      3. on the excess up to Euro 15,000 8%
      4. on the excess 5%.
   6. If OE proves to have incurred higher costs, which were reasonably necessary, the client must also reimburse those costs.
4. Clients whose billing is paid to OE in whole or in part through their health insurance company or whose billing is provided through a factoring company are bound by the following provisions:
   1. The client must pay the bill received through the health insurer or factoring company in accordance with the applicable payment terms of the relevant insurer or factoring company.
   2. If bills are no longer accepted by the factoring company due to late payment, OE shall be entitled to suspend further treatment or to carry it out only against cash payment in advance.
   3. Fixed appointments can be rescheduled free of charge up to 48 hours before the scheduled time. If the client fails to show up for an appointment, or cancels late, the client will be charged the treatment fee. The handling fee is a minimum of 15% of the total invoice amount. OE has the right to seek compensation for actual damages. These costs are not normally reimbursed by the health insurance company and are therefore entirely the client’s responsibility.

These conditions are intended to clarify for the benefit of the client the contents of the conditions, which apply in the execution of the
assignment between him and OE and apply to any offer and any contract between the client and OE, to which OE applies these terms and conditions of
declared applicable. If the parties wish to deviate from these conditions, this must be set forth in writing in advance.

1. The legal relationship between the client and OE is an assignment agreement. All assignments involve obligations of effort and never obligations of result. The applicability of articles 7:404 and 7:407 paragraph 2 of the Civil Code is expressly excluded. Regardless of whether the assignment was made with a particular person in mind, the assignment shall be accepted and performed exclusively by OE. The shareholders, their directors, as well as those working for OM are not personally bound or liable. The assignment does not end by their death, receivership or bankruptcy. The execution of assignments shall be exclusively for the benefit of
   the client. Third parties cannot derive any rights from the assignments and their execution.
2. OE shall perform the contract to the best of its knowledge and ability and in accordance with the requirements of good workmanship. It will perform the assignment, if and to the extent applicable, in accordance with the Rules of Conduct and Professional Conduct. Dental and orthodontic treatments fall under medical/medical treatments.
3. OE has the right to have certain work performed by third parties, if and to the extent required for the proper performance of the contract. OE does not need to obtain the client’s consent to do so.

1. OE’s liability, both for direct and consequential damages and to the extent covered by its liability insurance, shall be limited to the amount of the payment made by the insurer in such case.
2. If the insurer does not pay out in any case, or the damage is not covered by the insurance, OE’s liability shall be limited to a maximum of the amount of the invoice, or at least to that maximum part of the invoice to which the liability relates.
3. The limitation of liability shall not apply if the damage is due to intent or gross negligence of OE or its executives/subordinates.
4. OE shall not be liable for damages of any kind caused by OE’s reliance on incorrect and/or incomplete information provided by or on behalf of the client.
5. OE is only liable for direct damages. Direct damage is exclusively understood to mean the reasonable costs incurred to determine the cause and scope of the damage, insofar as the determination relates to damage within the meaning of these General Terms and Conditions, any reasonable costs incurred to have OE’s faulty performance conform to the contract, insofar as they can be attributed to OM, and reasonable costs incurred to prevent or limit damage, insofar as the Client demonstrates that these costs have led to a limitation of direct damage within the meaning of these General Terms and Conditions.
6. OE shall never be liable for indirect damage, including consequential damage (including claims of third parties against OE and/or the client as a result of an attributable shortcoming or wrongful act of OE), loss of profit and/or income, missed savings and damage due to business stagnation.
7. Rights to compensation for liability, expire after 1 year after the damaging event occurred.

Circumstances that prevent the performance of the order and are not attributable to OE shall be considered examples of force majeure, for
insofar as they make the performance of the assignment impossible or unreasonably difficult. These include, inter alia: strikes in other companies; wildcat strikes or political strikes in OE’s company; an unforeseeable shortage of personnel; a general lack of the necessary raw materials and/or other necessary goods or services required for the execution of the order; unforeseeable stagnation at suppliers or other third parties, on which OE depends and general transport problems. If a circumstance occurs after OE should have already fulfilled its obligations under the contract, OE shall still be entitled to invoke force majeure. During the period of force majeure, OE’s obligations are suspended. If that period exceeds three months, both parties have the right to dissolve the agreement, without any obligation to pay damages in that case. If OE has already partially fulfilled its obligations at the time the force majeure occurs, it shall be entitled to invoice the part already performed separately. The same applies if OE can only partially fulfill its obligations. Client is then obliged to pay this invoice as if it were a separate order. However, this provision does not apply if the part of the order already executed or executable has no independent value.

1. The client is expected to have the teeth checked and cared for at his or her expense at least once every 6 months by or on behalf of OE.
2. Defects and/or necessary repairs to workpieces or parts thereof manufactured by OE, caused in whole or in part by normal wear and tear and/or by external influences, such as: accident, grinding, nail biting, use of medication, change in the client’s health, pregnancy, smoking, use of hormone preparations, osteoporosis, etc. or if the client has not or not fully complied with the brushing instructions and/or oral hygiene are at the client’s expense and risk. The same applies to damage caused by improper use or improper
   maintenance is also excluded from the warranty.
3. The client is obliged to observe and follow the brushing instructions and required oral hygiene.The client is not entitled to any financial compensation if the client chooses to have a party other than OE perform a required replacement or repair.
   Checks performed are billed according to the applicable rates and are passed on to the client.
4. Taking x-rays (intra-oral, OPT and/or CT scan) in consultation with the client at checkups is not free of charge and will be
   passed on to the client according to the applicable rates.If the client suffers from grinding, he/she should indicate this to OE at the earliest possible date. The client must provide OE with complete and truthful information regarding general health at all times
   of the client and regarding circumstances that may affect treatment.