Terms of Use

1) The following definitions shall apply within the scope of these terms and conditions:

• “BEGO” or “we” describes BEGO Canada and the BEGO Group, when applicable.

• “Customer” or “you” designates a person or a company, which purchases Products from BEGO.

• “Case” or “cases” are all fabricated parts by BEGO from .stl files sent to the production centre by the Customer.

• The Standard Terms of Business listed below shall apply to all current and future business between BEGO and its Customers in relation to .stl files sent to BEGO for fabrication.

2) Pricing

• All pricing is in Canadian Dollars.

• Prices can be changed without notice except for products already ordered, paid for, shipped, or considered in production.

3) Payment

• Payment by credit card is required when submitting one or more cases.

• Refusal of a credit card will result in refusal of production of case(s).

• BEGO reserves the right to change the payment terms whenever deemed necessary.

4) Shipment and delivery

• Shipment of cases will be arranged and handled by BEGO, and paid for by Customer. If applicable, the shipping costs charged to the Customer shall include import, duties and brokerage fees.

• BEGO does not confirm delivery dates and times. Any delays after packages have been picked up by the carriers are considered beyond the control of BEGO, who will not be deemed to have failed to deliver until a reasonable deadline.

• BEGO will not replace items delivered to the wrong location if the Customer has not provided or verified the correct delivery address after shipment is confirmed.

• BEGO will not replace items left by the transport carrier outside the building if the Customer was not present at the time of delivery.

• The Customer will receive a tracking number confirmation for each shipment processed and picked up.

• Any damage claim will require photographic evidence of the damage to the package and the item. BEGO strongly recommends that Customers report any packaging damage to the carrier when signing the delivery receipt.

5) Reporting of Defects; Acceptance

• The Customer is required to inspect the goods immediately upon receipt of the items to verify the type, quantity and condition of the delivered goods.

• Any defects that become apparent upon inspection must be reported in writing, with a photograph or video, without delay and no later than five (5) days after receipt of the item. Any complaints received after this deadline will be rejected.

• The Product is deemed accepted if delivery has been made and no complaints have has made within five (5) days.

6) Warranty (Product defects)

• It is understood that normal adjustments of removable prostheses are expected and must be carried out by the customer. These adjustments are not covered by this warranty as they are not considered defects.

• In the event of justified defects confirmed by BEGO, a replacement product will be provided free of charge as soon as possible.

• Defects due to errors in a .stl file submitted by the customer are not covered by this warranty.

• Defects due to modifications made to the original .stl file by the customer are not covered by this warranty.

• If BEGO delivers a slightly different item or a slightly different quantity than agreed, the customer is not entitled to any compensation or damages. No claims exist in case of insignificant reduction in the value or the usability. Furthermore, there is no defect if the object is suitable for the intended purpose and use is in a condition that is customary for items of the same type and which the customer could have expected. The customer is particularly aware that, given the current state of technology, it is not possible to create a product that is completely free of imperfections. The use of individualized products is limited to their first use. BEGO accepts no liability for material defects due to improper or non-compliant use, improper storage, faulty assembly or commissioning by the customer or third parties, natural wear and tear, faulty or negligent handling, use of unsuitable equipment, faulty construction work or chemical, electrochemical or electrical influences.

• To remedy defects deemed necessary by BEGO, the customer must grant BEGO the necessary time and opportunity, failing which BEGO will be released from any liability for the resulting consequences. Any defects in the products must be described in as much detail as possible. Only in cases of emergency, safety hazard or in order to avoid disproportionate damage, and in cases where BEGO must be informed immediately, the customer has the right to remedy the defect himself or to have it repaired by a third party and to request reimbursement of the costs thus incurred from BEGO.

• BEGO may refuse any replacement delivery if it entails disproportionate costs, in particular for transport, travel, labor, and materials, or if these costs are increased by the fact that the delivery item has been subsequently transported to a location other than the agreed one.

• In the event of delivery of a replacement product, BEGO may demand the return of the defective item from the customer. If the delivery of the replacement product fails, the customer is entitled to withdraw from the contract for the product.

• The warranty period is one (1) month from the date of receipt of the product.

• BEGO declines all liability for defects, inferior quality, and/or complications of the products if these defects appear after delivery to the customer, to the extent that they result from modifications made to the product without BEGO's consent.

• BEGO accepts no liability for defects resulting from inaccurate data transmitted by the customer. BEGO is responsible for the storage and processing of data provided by the customer.

• The Customer may be required to make samples of the (defective) Product available to the competent authorities free of charge upon request or, if this is no longer possible, to grant them access to the Product. In such cases, BEGO will compensate the Customer for any costs or losses incurred in making the samples available. These costs will be assessed on the basis of the price paid by the Customer for the Product.

7) Liability

• BEGO's liability for late delivery is provided for in Section 4(b); claims for defects are provided for in Section 6; any other liability for damages, regardless of the legal basis, in particular in cases of impossibility, delay, defective or incorrect delivery, breach of contract, breach of contractual obligations, and tort, is, if due to fault, limited in accordance with Section 7.

• BEGO shall not be liable for simple negligence on the part of its partners, legal representatives, employees or others, unless it constitutes a breach of essential contractual obligations. Essential contractual obligations include the obligation to deliver the product on time, to ensure that it is free from legal defects and from material defects that significantly impair its functionality or usability, as well as obligations of advice, protection and preservation that are intended to enable the customer to use the product in accordance with the contract or whose purpose is to protect the life or limb of its personnel or to protect its property from significant damage.

• To the extent that BEGO is liable for damages pursuant to paragraph 7(b), this liability is limited to the damages that BEGO foresaw when concluding the contract as possible consequences of a breach of contract or that it should have foreseen if it had exercised customary care. Indirect and consequential damages resulting from defects in the products are only eligible for compensation if such damages are foreseeable during the proper use of the product. The claim for compensation for purely financial losses such as loss of production, reduction in production or loss of profit is further limited by the general principles of good faith, for example in the event of a disproportion between the amount of the delivery price and the amount of the damages.

• In the event of liability for simple negligence, BEGO's liability for compensation for material damage and resulting financial losses is limited to the maximum amount of our insured sum, even in the event of a breach of essential contractual obligations.

• The aforementioned exclusions and limitations of liability apply to the same extent to BEGO's partners, legal representatives, employees, and other agents.

• BEGO shall bear the burden of proving the facts justifying the exclusion of liability.

• To the extent that BEGO provides technical information or acts as an advisor and this information or advice does not fall within the scope of the contractual services owed, these services are free of charge and excluded from any liability.

• The Customer's liability is governed by clauses 3 and 4 and this clause. The Customer is otherwise liable in accordance with statutory provisions.

• In the event of a breach by the Customer of a material contractual obligation (an obligation whose fulfillment makes the proper performance of the contract possible and on whose compliance BEGO generally relies and may rely), the Customer shall indemnify and hold BEGO harmless from any third-party claims relating to this breach. The Customer shall bear the costs incurred in defending itself against third-party claims, as well as the necessary and reasonable costs of asserting BEGO's rights. Clause 7(c) applies mutatis mutandis (accordingly).

• The Customer's contractual provisions regarding penalties, which go beyond the provisions agreed herein, are only effective if they have been separately agreed in writing with BEGO.

• BEGO and the Customer shall take all necessary measures to avoid and minimize any damage.

8) Returns 

• BEGO does not accept any returns of products it has delivered

• All return requests must be previously approved by BEGO and are at the customer's

9) Retention of Title

• All Products remain the property of BEGO until full payment, as well as until settlement of all other claims arising from the business relationship between us, our group, and the Customer and its companies, including future claims, interest, and costs.

• Any processing of the delivered Products is deemed to have been carried out on our behalf, at no cost to us, which gives us ownership of the semi-finished and finished products thus obtained. In the event of combination or mixing with third-party goods, we become pro rata co-owners of the delivered Products. The Customer retains for us the semi-finished and finished products manufactured, in whole or in part, from the delivered Products. The Customer may only sell the goods subject to retention of title in the ordinary course of its business. Consequently, it may not pledge them, assign them as security, or otherwise dispose of them. The Customer must immediately inform us of any imminent or actual seizure or any other infringement of our rights (e.g., following the initiation of insolvency proceedings). In the event of default or cessation of payment by the Customer, we are entitled to demand the return of the goods subject to retention of title. All costs incurred to prevent us from accessing the property of third parties shall be borne by the Customer.

• In the event of the sale of the goods subject to retention of title, the Customer assigns to us the purchase price claim arising from the sale of the goods subject to retention of title, if third-party goods have been used or added to the goods sold.

• In the event of seizure or attachment of the Products by third parties, the Customer must inform these third parties of BEGO's retention of title and immediately notify BEGO in writing. If the third party is unable to reimburse BEGO for the legal or extrajudicial costs incurred as a result of legal action against this garnishment, the Client will be liable for any damage suffered by BEGO resulting therefrom.

10) Provided documents; confidentiality; Reverse Engineering

• BEGO reserves the property and copyright to all offers and cost estimates submitted by it as well as to drawings, diagrams, calculations, brochures, catalogues, models, tools and other documents and aids made available to the Customer. At the request of BEGO, the Customer shall return these items to BEGO in full and destroy any copies made if they are no longer required by it in the ordinary course of business or if negotiations do not lead to the conclusion of a contract. Excluded from this is the storage of data made available using electronic means for the purpose of usual data backup.

• All information, which (i) at the time of disclosure to the other party is marked as confidential, (ii) at the time of the disclosure is explicitly described as confidential and the confidentiality of which is confirmed by the disclosing party within thirty (30) days after the disclosure or (iii) the confidentiality of which can be derived from the nature of the matter or the overall circumstances, will be considered as “confidential information” according to the contract.

• Information will not be qualified as confidential information, if such information (i) is or becomes accessible to the public without breaching the contract or other provisions which serve the protection of confidential information, (among others by disclosure on the part of BEGO to third parties without a non-disclosure obligation), (ii) had already been in the possession of the Customer before it received this from BEGO, (iii) the Customer received it lawfully from third parties without a non-disclosure obligation or (iv) was developed or determined independently by the Customer.

• The Customer must keep this confidential information strictly secret:

  • May not disclose, distribute and publish this;

  • To restrict the access to the confidential information to those executives and employees, for whom it is essential to know such information for the purposes of this contract;

  • May not make the confidential information available to any third parties, including, but not only, consultants and self-employed entrepreneurs, not according to a contract or a non-disclosure agreement either;

  • Limit the electronic and physical copies of the confidential information it holds to a maximum of five (5) copies at any one time;

  • May not announce the confidential information on its intranet or on the internet (with the exception of emails, which are at the most addressed to one recipient), unless such confidential information was encrypted previously to safeguard the confidentiality using an encryption program that corresponds with the latest status of technology;

• The Customer shall not directly or indirectly reverse engineer or attempt to reverse engineer any materials for its own business purposes, unless otherwise agreed in writing. In particular, the Customer may not decompile, analyse, disassemble or otherwise attempt to reverse engineer or infer the (elements, materials, ingredients, components, formulas, processes, source code) contained in the materials.

• The Customer will only be released from the non-disclosure obligations as far as and only then, if BEGO has approved a disclosure of the confidential information in a written form or a responsible state authority, a court or a court of arbitration requests the Customer to disclose certain confidential information. In this case the Customer will take all adequate measures to ensure that this information is treated confidentially by the authority, the court and/or by the court of arbitration as far as possible.

• The non-disclosure obligations shall lapse ten (10) years after expiration of the contract.

• If the Customer breaches the non-disclosure obligations ensuing from this clause 10 or the contract then the Customer is obliged to pay a contractual penalty irrespective of fault to BEGO in a reasonable amount, whereby the amount will be determined at the reasonable discretion of BEGO and the adequacy of the contractual penalty in case of dispute can be examined by the court of jurisdiction. The right to assert further damages will remain reserved.

11) Data Protection

• BEGO is bound by professional secrecy and confidentiality of personal data, and its employees are bound by professional secrecy and compliance with applicable data protection regulations.

• The data protection provisions are based on the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG), and specific statutory data protection regulations.

• Only personal data necessary for the performance of the contract will be collected and processed, and BEGO is obliged to collect and process this data in accordance with legal requirements.

• If BEGO processes data for purposes other than those for which it was collected or in the absence of legal permission, the processing of personal data must be carried out with the prior written consent of the Customer; this consent may be revoked at any time.

• Only information regarding the contractual partner necessary for the performance of a contract or a legal obligation will be retained. This data will only be accessible to employees responsible for the relevant tasks.

• BEGO undertakes not to share patient data provided by the Client within the framework of the contractual relationship. Patient data is information or documents relating to a person's illness or treatment that allows their identification. This includes, among other things, the patient's personal identification number.

• BEGO and the Client are responsible for compliance with all applicable data protection regulations. Notwithstanding the preceding clause, all patient data shared by the Client with BEGO will be processed solely within the framework of applicable data protection regulations and solely for the performance of the contractual purpose. The Client guarantees to BEGO that it has obtained the patient's consent to share their data.

12) Special Rules for Orders via BEGO Internet Portals

• If the Customer orders Products via a BEGO Internet portal, such as my.BEGO.com, shop.BEGO.com, orderportal.BEGO-medical.com, BEGO-medical.com/scan-centre, guide.BEGO.com, AutoQc.com, or similar (our current Internet portals are available at www.BEGO.com), the following rules apply:

• The Internet portals are intended for persons authorized by virtue of their professional qualifications, persons with unlimited legal capacity, and entrepreneurs within the meaning of the German Civil Code (BGB).

• Registration is required to place an order via the Internet portal. The username and password are not transferable to third parties. The order pages are only accessible to registered users of the Internet portal.

• BEGO's offers on the Internet portal are non-binding. The Customer's order is placed by entering the requested information on the order form and submitting it to the online portal. The Customer's order is firm and final. The Customer will first receive an electronic confirmation of receipt of their order. BEGO will then verify the information provided by the Customer. If the result is positive, BEGO will accept and fulfill the order.

• The general information provided on the online portal does not constitute a guarantee of deadlines or delivery dates.

13) Special Rules for Ordering Products Based on Data Records

• If the Customer orders Products by electronic transmission of data generated by a scanner or otherwise by data recording (hereinafter referred to as "orders with data recording"), the following rules apply:

• The Customer agrees to order Products by electronic data transmission upon receipt of a written or textual declaration of acceptance from BEGO. Each Customer will receive a permanent customer number from BEGO for electronic data transmission. The order can only be placed if the user interface form provided by BEGO has been fully completed.

• BEGO will issue an invoice to the Customer for the ordered and delivered Products.

• In order for BEGO to fulfill its delivery obligations arising from orders with data recording, the Customer must properly fulfill its support obligations within the specified timeframe. In particular, the Customer must ensure that data recordings are carried out correctly, contain all required information, and that the data is transmitted to BEGO in its entirety. Customer employees who use a scanner and execute orders must therefore be trained accordingly.

• In the case of orders with data recording, BEGO will manufacture the Products in accordance with the data transmitted and, where applicable, from the material selected by the Customer. Consequently, no claims will be accepted for defects due to terminal malfunction, incorrect data transmission due to errors in the line used by the Customer, the adaptation of the Product to the patient, or, where applicable, the ordering of unsuitable materials. Finally, no claims will be accepted for defects if the defect results from alterations or modifications to the Product by the Customer.

• If the Customer complains about a material defect in a Product, he/she must send it to BEGO without delay, together with the previously scanned model or data record and the associated documents, in order to enable BEGO to examine the complaint. The procedure set out in Section 8 will apply. If BEGO concludes that the Customer has incorrectly scanned the model or created the data record, thereby transmitting inaccurate data, BEGO will immediately inform the Customer and send both data records as evidence. In this case, BEGO will manufacture and deliver another Product at the Customer's expense, based on the correct data, only upon the Customer's instruction.

14) Statute of limitation regulations

• Claims of the Customer from guarantee and warranty shall become statute-barred after one (1) year.

• Other claims of the Customer owing to breaches of obligations by BEGO, in particular claims for damages (e.g. with a breach of a subsequent performance obligation for which we are responsible) shall become statute-barred after one (1) year. This shall have no effect on the right of the Customer to rescind the contract owing to a breach of obligation for which BEGO is responsible, which is not due to a defect. Subclause 9.8 shall apply.

• The statutory provisions regarding the beginning of the statute of limitations, the inhibition to expiration, the inhibition and the new commencement of deadlines will remain unaffected.

• Our claims against the Customer shall become statute-barred according to the statutory regulations.

15) Assignment; transfer; offsetting

• The Customer may not assign or transfer its rights and/ or obligations from the contractual relationship with BEGO to third parties without the prior written consent of BEGO.

• The Customer is only authorized to offset as well as to exercise rights of lien or of retention if the claims asserted by it are recognized by BEGO or have been declared final and binding by a court. Rights of retention owing to defects may only be asserted under the above prerequisites in a reasonable relation to the occurred defects.

16) Force majeure

• Serious events, in particular such as force majeure or other events that were not foreseeable at the time when the contract was concluded (e.g. fire, water and storm damages, interferences to traffic, epidemics or pandemics, industrial disputes, other unforeseeable loss of workers, energy or production materials, civil commotion, armed conflicts or terrorist acts, difficulties in obtaining the necessary official permits, official measures or the failure of suppliers to deliver correctly or on time), which lead to unforeseeable consequences for the execution of services and for which the contractual party is not responsible, will release BEGO and the Customer for the duration of the interference and in the scope of their effect from their service obligations, even if they should be in default. An automatic dissolution of a contract is not associated herewith. BEGO and the Customer are obliged to notify one another of such an impediment and their obligations to adjust to the changed circumstances in good faith.

• If the adherence to the agreed delivery deadline proves not to be possible as a result of such circumstances a reasonable extension of the delivery time shall apply, at the longest however up to four (4) weeks after expiration of the original delivery deadline. If the impediment is then still continuing BEGO and the Customer are entitled to rescind the contract. In this case none of the contractual parties shall be entitled to a further claim against the respective other contractual party.

17) Applicable Law; Place of Jurisdiction; Place of Performance; Final Provisions

• The law of the Province of Quebec applies exclusively to all business relationships between BEGO and the Customer.

• If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with the contractual relationship is Québec City, Canada. However, BEGO is also entitled to bring an action at the place of performance of the delivery obligation under the contract or a prior individual agreement, or at the Customer's general place of jurisdiction. The same applies if the Customer does not have a general place of jurisdiction in Canada, if it transfers its domicile or habitual place of business abroad after the conclusion of the contract, or if its domicile or habitual place of business is not known at the time the action is brought. Previous statutory provisions, in particular regarding exclusive places of jurisdiction, remain unaffected by this paragraph.

• If the contract or these General Terms and Conditions of Sale contain regulatory gaps, these shall be deemed to have been agreed to address these gaps, in accordance with the commercial objectives of the contract and the purpose of these General Terms and Conditions of Sale, if they had been aware of the regulatory gap.

• In the event of ongoing obligations, BEGO reserves the right to amend these General Terms and Conditions of Sale at any time, provided this is necessary for valid reasons, in particular due to a change in the legal situation or court decisions, technical changes or developments, new organizational requirements related to mass traffic, regulatory gaps in the General Terms and Conditions of Sale, changing market conditions, or other equivalent reasons, and provided this does not unreasonably prejudice the Customer. The Customer will be informed of any amendments to the General Terms and Conditions of Sale in writing or by email at least two (2) weeks before they come into effect. The amendments will take effect if the Client does not object in writing or by email within six weeks (from receipt of the written notification of amendment) and if BEGO has notified the Client in the notification of amendment.

Quebec City (QC), Canada. September 2025