Legal
If you have questions about warranties on new or refurbished Ohen hardware, software, and other policies, select the relevant below.
1. Scope and definitions
1.1. In these terms and conditions Ohen Group means Ohen Group (Pty) Ltd, and the Customer means you the customer. "Product" means any Ohen Device and accessories (excluding warranty and telephone support services) listed in a quotation (“Quotation”) sent by Ohen Group to the Customer, which Ohen Group agrees to supply to the Customer on these terms and conditions. Certain Services, including but not limited to the Ohen extended Care Plans shall be subject to additional terms and conditions as provided by Ohen Group.
1.2. If the Customer has agreed, either electronically or via a signed agreement with Ohen Group to terms and conditions applicable to this sale of Product and/or Services, then those terms and conditions (“Specific Terms and Conditions”) shall apply to this sale of Product and/or Services. In the event of a contradiction, the Specific Terms and Conditions shall prevail. If no Specific Terms and Conditions exist, then the terms and conditions contained herein – including any information made available via an hyperlink herein (together “Terms and Conditions") shall apply to all quotations (“Quotations”) made by Ohen Group and shall therefore constitute a sale agreement (“Agreement”) entered into between Ohen Group and the Customer, irrespective of whether the Customer accepts these Terms and Conditions by a written acknowledgement, by implication, or by acceptance of Products and/or Services hereunder. The Terms and Conditions shall form part of any order placed by the Customer (“Order”). Any term or condition on any Order or other document submitted by the Customer shall be of no force or effect whatsoever. In particular, acceptance by Ohen Group of an Order sent by the Customer shall not be deemed an acceptance of any conflicting or additional terms and conditions. Ohen Group specifically rejects any different or additional terms and conditions proposed by the Customer, unless those terms and conditions are mutually agreed in writing in accordance with clause 16.4.
2. Orders
2.1. All Orders must quote the single Quotation Number provided in Ohen Group’s Quotation or the Order cannot be processed.
2.2. Information contained in a Quotation or which are given to the Customer by Ohen Group’s agents or employees constitutes an invitation to treat but does not constitute an offer by Ohen Group to supply Products and/or Services. By placing an Order, the Customer makes an offer to Ohen Group to purchase the Products and/or Services. Any Order shall be subject to acceptance by Ohen Group and Ohen Group may decline any Order in whole or in part, for any lawful reason whatsoever. If Ohen Group accepts the Customer’s Order, Ohen Group will notify the Customer of its acceptance by sending an Order Confirmation.
2.3. Whilst Ohen Group will make every effort to supply the Customer with the Products and/or Services listed on the Order Confirmation, there may be occasions where Ohen Group is unable to supply these Products and/or Services because, for example, (i) such Products or Services are no longer being manufactured or available, (ii) Ohen Group is unable to source relevant components or (iii) there was a pricing error. In such circumstances Ohen Group will contact the Customer and may suggest alternative Products or Services that the Customer might wish to purchase (at the same or different price). In the event of a pricing error, Ohen Group will communicate the correct price to the Customer. If the Customer does not accept Ohen Group’s proposed substitution or the price modification, then Ohen Group will cancel the Order and refund any money that the Customer may have paid to Ohen Group in respect of the Order. Subject to clause 14.5, repayment of such monies will be the extent of Ohen Group’s liability to the Customer if Ohen Group is unable to deliver the Products and/or Services ordered by the Customer. Once Ohen Group has sent the Order Confirmation to the Customer, the Customer may not cancel the Order.
3. Delivery and Shipment
3.1. Subject to these Terms and Conditions, Ohen Group will supply to the Customer (but not install) the Products and/or Services indicated on the Order Confirmation.
3.2. Delivery dates which might be specified in the Order, the Order Confirmation, or in any other communication from Ohen Group (whether oral or in writing) are estimates only.
3.3. Ohen Group may make partial shipments of the Customer’s Orders, to be separately invoiced and paid for when due. Any delay in delivery of any instalment will not relieve the Customer of its obligation to accept the remaining deliveries. Ohen Group shall not be liable for any failure to ship complete orders or for any shipment delay.
3.4. More information can be found in our Shipping and Returns policies.
4. Risk and Title
4.1. Unless otherwise notified by Ohen Group in writing, title to and the right to retake possession of the Products purchased from Ohen Group shall remain with Ohen Group until all sums owing to it by the Customer in respect of the Products shall have been paid in full. Ohen Group may, at the Customer’s expense, retake possession of the Products. For that purpose, the Customer grants Ohen Group, or any party representing or elected by Ohen Group, an irrevocable licence to enter the premises where the Products then are, and, at Ohen Group’s option in so doing, act in the name of the Customer. So long as such title to and rights over Products remains with Ohen Group, the Customer shall keep the Products stored in such a manner which enables them to be identified as the Products and, wherever required by Ohen Group, identify the Products to Ohen Group.
4.2. Risk of loss or damage to all Products hereunder will pass to the Customer upon Ohen Group’s delivery of the products by Ohen Group’s carrier to the Consumer or upon delivery of the products to the Consumer’s carrier.
5. Acceptance
Unless otherwise agreed in writing all shipments (which for the purpose of this clause shall be deemed to include the contents of packaged Products as well as the packages themselves and the number of packages) shall be deemed correct and undamaged unless the Customer follows procedures for damaged, missing or incorrect products outlined in Shipping and Returns policies.
6. Price
6.1. The price for the Products and Services will be the price indicated in the Quotation. Prices include standard freight and insurance using an Ohen Group-selected carrier.
6.2. Prices do not include value added tax or other local taxes or duties (collectively “Taxes”) unless specified. All Taxes, if any, due on account of purchases hereunder shall be paid by the Customer.
6.3. the Customer, as importer of the Products, shall be responsible for the payment of all copyright levies, recycling fees and other similar duties imposed on the Products (or parts thereof) or their packaging by central or local authorities, collecting societies or other institutions. Ohen Group may communicate from time to time that, in relation to specific Products, it has elected to account to the relevant body and / or join a scheme, arrangement or collective agreement on the Customer’s behalf. Where Ohen Group does so, it may charge these fees, levies or costs to the Customer on the Product invoices. In addition to the payment of recycling fees or similar duties, local law or recycling schemes may require importers or scheme members to comply with certain take-back, collection or recycling requirements. the Customer shall comply with such requirements and any additional requirements as may be communicated by Ohen Group from time to time.
7. Payment
7.1. All Quoted sums shall be paid in full in the currency of the invoice without deduction or set off (statutory or otherwise) and in cleared funds. Ohen Group reserves the right to set off any amount owed by Ohen Group to the Customer against any amount due to it by the Customer. All Quotations must be paid within the payment terms agreed with Ohen Group. Where no credit facility has been granted to the Customer or where this has been withdrawn (in Ohen Group’s absolute discretion) payment will be required in full in cleared funds prior to shipment.
7.2. At Ohen Group’s option, shipments may be made on such credit terms as Ohen Group decides to extend to the Customer at the time an Order is accepted.
7.3. If Ohen Group has reasonable grounds to believe that the Customer will fail to comply with the present payment terms or with the agreed credit terms, Ohen Group shall be entitled to postpone or to refuse delivery of an Order.
8. Data protection
8.1. By placing an Order, the Customer agrees and understands that Ohen Group may store, process and use data collected from the Customer’s Order form or phone/email Order for the purposes of processing the Order. Ohen Group may also share such data globally within the Ohen Group of companies. All Ohen Group companies shall protect the Customer’s information in accordance with the Ohen Group the Customer Privacy Policy available here.
8.2. Ohen Group works with other companies that help Ohen Group provide Products and services to the Customer.
8.3. If the Customer wishes to have access to the information that Ohen Group holds concerning the Customer, or wants to make any change, or does not want to receive information from Ohen Group or third party companies, the Customer is required to contact Ohen Group.
9. Proprietary rights
the Customer shall not use Ohen Group’s name, logo, trademarks, trade names, trade dress, design, look and feel or other proprietary rights (together “Proprietary Rights”) in any of it’s advertising, communications, publications or other work without the prior written permission of Ohen Group. the Customer must not remove, obfuscate, deface, cover or alter any Ohen Group mark or other mark nor add any Ohen Group mark or other mark to any materials provided by Ohen Group nor to any Product or its packaging. Neither the Customer nor its agents will register or use any trademark that may cause confusion with Ohen Group Proprietary Rights.
10. Software license
10.1. In this Agreement "Software" means any Product which is software including without limitation operating systems, stand alone software and downloadable software.
10.2. The Customer acknowledges that products often contain not only hardware but also software. Such software may be included in ROMs or other semiconductor chips embedded in hardware. Such software is proprietary, is copyrighted, and may also contain valuable trade secrets and be protected by patents. the Customer, as an end user, is licensed to use any software contained in such Products, subject to the terms of the license accompanying the Product, if any, and the applicable patent, trademark, copyright, and other intellectual property laws.
10.3. All Software is licensed to the Customer on the terms and conditions of the applicable license agreements accompanying the Software.
11. Export control
the Customer shall comply with all laws and regulations, applicable to the export, re-export, transfer or resale of products or the provision of services and related technical data (“Export Laws”). Purchaser shall not (i) make Products or Services available in any country in contravention of any Export Laws, or any other law, and (ii) not make Products or Services available in a country for which an export license or other governmental approval is required without first obtaining all necessary licenses or other approvals.
12. Warranty
12.1. The Product is subject to separate warranty terms and conditions accompanying the Product.
12.2. OHEN GROUP MAKES NO OTHER WARRANTY TO CUSTOMER, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS AND SERVICES, TO THE FULLEST EXTENT PERMITTED BY LAW, OHEN GROUP SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AS WELL AS ANY STATUTORY WARRANTY ON HIDDEN DEFECTS.
14. Limitation of Liability
14.1. These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products (and performance of telephone support and warranty services) and the performance of any Services.
14.2. There are no warranties, conditions or other terms that are binding on us except as expressly stated in the Contract or Product Warranty.
14.3. Subject to clause 14.5, the maximum aggregate liability of either party to the other on all claims of any kind under or related to this Agreement, whether in contract, warranty, condition, tort, strict liability, statute, or otherwise, SHALL BE LIMITED TO THE SUM PAID TO OHEN GROUP FOR THE PRODUCT OR SERVICE IN QUESTION. IN NO EVENT SHALL ALL RECOVERIES, WHETER BASED ON A SINGLE CLAIM OR ON SEVERAL CLAIMS, EXCEED TWENTY FIVE THOUSAND RAND (ZAR 20,000.00).
14.4. Subject to clause 14.5, IN NO EVENT WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, CONDITION, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE SHALL OHEN GROUP BE LIABLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INJURY OR DEATH RESULTING FROM ANY USE, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF SOFTWARE; DEATH OR PERSONAL INJURY OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR SOFTWARE STORED IN OR USED WITH THE OHEN GROUP PRODUCT.
OHEN GROUP DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY OHEN GROUP PRODUCT OR REPLACE THE OHEN GROUP PRODUCT WITHOUT RISK OF DAMAGE TO TAMPERED PRODUCTS.
SOME COUNTRIES (STATES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. The limitations set forth in clauses 14.3 and 14.4 shall not apply to (i) any claim by Ohen Group against the Customer for violation of intellectual property rights, or (ii) for payment of the amount due to Ohen Group by the Customer for Products and Services purchased under the Agreement. THE REMEDIES SET FORTH IN THIS AGREEMENT WILL BE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES FOR ANY CLAIM AGAINST OHEN GROUP UNDER OR RELATED TO THIS AGREEMENT. The Customer waives and relinquishes any right or claim that might arise out of Ohen Group’s refusal to accept the Customer’s Order.
14.5. Nothing in the Agreement shall limit or exclude Ohen Group’s liability (i) for death or personal injury caused by Ohen Group’s negligence, (ii) for fraud, (iii) for any breach of the obligations implied by applicable compulsory national laws or (iv) any liability which cannot be excluded by law. In particular, if this Agreement is held to constitute a supply of goods or services to a “consumer” by a competent judge in the Customer’s jurisdiction by application of mandatory principles of consumer law in that jurisdiction (“Mandatory Consumer Law”), nothing contained in this Agreement shall exclude or restrict the Customer’s rights in relation to the Products and Services to be supplied under the Agreement where to do so is unlawful pursuant to Mandatory Consumer Law.
14.6. Any warranty, condition or other term concerning the Products or Services which might otherwise be implied into or incorporated in the Contract by statute, common law, laws applicable in the country where the Customer purchases the Products or Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) are hereby expressly excluded to the maximum extent permitted by law.
14.7. Ohen Group limits its liability to the stated use of the device specifications as sold by Ohen Group including but not limited to (i) a personal use Product has been used for commercial use, (ii) an industrial Product has been used for personal use, (iii) a commercial use Product has been used for personal use.
15. Governing law / Jurisdiction
This Agreement shall in all respects be governed by and interpreted under the laws of the Republic of Ireland and the parties submit to the exclusive jurisdiction of the courts of the Republic of Ireland. Notwithstanding the foregoing, Ohen Group reserves the right to institute proceedings against the Customer in the courts having jurisdiction in the place where the Customer has its seat or in any jurisdiction where a harm to Ohen Group is occurring.
16. General Terms
16.1. Ohen Group reserves the right to refuse servicing or repairs or charge a fee for professional services on and Product if security seals are broken and may erase the Product.
16.2. Ohen Group makes no legal or medical claim that ozone therapy and/or the Product is able to cure any disease. The Product is not a medical device and is not advocated for medical use. The Product is sold on application described by the model only. The Product is not sold for the treatment of any condition. It is not intended to replace the function of a qualified health professional or medical doctor. This information is not intended to diagnose or prescribe for any medical or psychological conditions, nor does it claim to prevent, treat, mitigate or cure any such conditions. For medical advice, concerns and questions about symptoms of illness or any other symptoms, consult with your physician. Ohen Group does not take responsibility for any issues arising from lack of informing any physician or medical doctor about the status of any additional therapy in the treatment of any perceived illness or disease.
16.3. Force Majeure – Other than for the requirements to make payment when due, Ohen Group shall not be liable for any delay or failure to meet its obligations under this Agreement due to unforeseen circumstances or to causes beyond such party’s control. In the event of any such delay, performance of the affected obligation shall be suspended for a period of time equal to the time of such delay save that in the event that the delay continues for more than two (2) months, Ohen Group may elect to terminate this Agreement with immediate effect without incurring any liability.
16.4. No waiver – The waiver by either party of any default by the other party shall not waive subsequent defaults by such other party of the same or different kind.
16.5. Severability – If any of the provisions, either in part or in full, of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable or invalid, such provision shall be enforced to the maximum extent possible or permissible and this Agreement will be adjusted, if possible, so as to give maximum effect to the original intent and economic effect of the parties with respect to the unenforceable provision and the remaining portions of this Agreement shall remain in full force and effect.
16.6. No assignment – the Customer may not assign this Agreement nor any Order related thereto and the Customer may not delegate its duties under the Agreement without Ohen Group’s prior written consent which shall not be unreasonably withheld. Ohen Group may assign the Agreement without the Customer’s consent provided that such assignment is to an affiliated company forming part of the Ohen Group of companies.
16.7. Modification – No modification to this Agreement shall be binding unless in writing and signed by an authorised representative of each party.
All information (including, without limitation, text, images, graphics, links, and other materials) in the User manual, as well as all referenced information, is provided "as is" and "as available”. The aforementioned information, warranty and terms and conditions in this manual are limited to the Ohen unit sold with this manual and do not apply to any past or future units. Ohen Group (Pty) Ltd reserves the exclusive rights to modify or update the contents of this manual.
Ohen Group (Pty) Ltd owns the copyrights of this manual, the trademarks of Ohen and the trademarks of the Ohen logo. Without prior written consent of Ohen Group (Pty) Ltd, any materials contained in this manual shall not be photocopied, reproduced, distributed or translated into other languages.
The Seller and its subsidiaries, affiliates, partners, licensors and suppliers hereby expressly disclaim to the extent permitted by law any representations or warranties of any kind, expressed or implied, including warranties of merchantability, fitness for any particular purpose, non-infringement, or as to the operation of the Product, and/or or the content or user content of any references it contains.
Neither the Seller nor its subsidiaries, affiliates, partners, licensors and suppliers warrants or makes any representations that the Product will meet your requirements, the use of the Product will be effective or error free and the results that may be obtained from the use of the Product (including any information and materials it refers to) will be correct, complete, accurate, reliable, or otherwise meet your requirements.
Ohen Group (Pty) Ltd makes no legal claim that ozone therapy and/or the Product is able to cure any disease. The statements and/or comments made in this information manual have not been evaluated by any Department of Health.
The Product is not a medical device and is not advocated for medical use. The Ohen unit is sold on application and for experimental use only. The Product is not sold for the treatment of any condition. It is not intended to replace the function of a qualified health professional or medical doctor. This information is not intended to diagnose or prescribe for any medical or psychological conditions, nor does it claim to prevent, treat, mitigate or cure any such conditions by standard medical means. The manufacturer, distributers or agents of Ohen Group (Pty) Ltd are prohibited by law to make any medical or health claims and therefore refrain from doing so; any such statements are only opinions. For medical advice, concerns and questions about symptoms of illness or any other symptoms, consult with your physician.
No claims are made that the Product is useful for any purpose other than researching the effects of ozone on pathogens and toxins within the human constitution and its perceived impact on the human physiology. Ohen Group (Pty) Ltd does not take responsibility for any issues arising from lack of informing any physician or medical doctor about the status of any additional therapy in the treatment of any perceived illness or disease.
Ohen Group (Pty) Ltd reserves the right to refuse servicing or repairs or charge a fee for professional evaluation on the unit if tamper seals are broken.
The Seller and its subsidiaries, affiliates, partners, licensors and suppliers shall have no liability for misrepresentation or omissions in the Information Pack and do not warrant that the Product is free from any other harmful elements or effects. The Product is used at own discretion and risk. You will be solely responsible for any loss or damage which may result from the use of the Product or any of its associated material. Failure to comply with this manual may result in malfunction or accident for which Ohen Group (Pty) Ltd cannot be held liable.
Without limitation, the Seller, its subsidiaries, affiliates, partners, licensors and suppliers will not and cannot be held responsible for the accuracy, completeness, quality or validity of information supplied and provided by third party contributors.
Indemnity. The customer agrees to indemnify the company and any affiliates, partners, suppliers, subsidiaries and save them harmless against any and all liabilities, including judgments, costs, damages and reasonable counsel fees, for anything done or omitted by the Warrant Agent in the execution of this Agreement, except as a result of the Warrant Agent’s gross negligence, wilful misconduct or bad faith.
Links to external websites or third party information that are not provided or maintained by or in any way affiliated with Ohen Group (Pty) Ltd: Ohen Group (Pty) Ltd does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.
This disclaimer is in conjunction with the internet disclaimer provided by Ohen Group (Pty) Ltd at ohengroup.com.
Non-commercial use. The owner shall not, without consent in writing of the manufacturer and/or Seller, use the unit, manual, branded content or byproduct for commercial purposes, including resale, small or large scale production, anything that undermines the operations of Ohen Group (Pty) Ltd, its partners, affiliates and subsidiaries or otherwise. Value added service availability is limited to the original customer as long as they own an Ohen unit or have engaged with Ohen Group (Pty) Ltd to transfer ownership and rights. Should you wish to change the ownership of the Ohen unit, please contact us.
No Waiver. No failure on the part of the Seller to enforce any part of the Terms of Use as per the instruction shall constitute a waiver of any of the Seller’s rights within this agreement. Only a specific written waiver signed by the Seller, or an authorised representative of the Seller shall have any legal effect whatsoever.
If any provision of these terms and conditions are held to be unenforceable by any court of law or other competent authority, such provision shall be severable from these terms and conditions and shall not affect the remaining provisions of these terms and conditions, which shall remain in full force and effect.
