General conditions of sale and service

1.Purpose, scope and order of precedence

These general conditions govern the sale of equipment and the provision of services by More Than Simulators S.L.U. to its professional and institutional customers.

They apply to every offer, quotation, order confirmation and provision of services, and prevail over the customer’s general conditions of purchase, save where otherwise accepted in writing.

In the event of contradiction, the order of precedence is: (1) the tender specifications, in public sector contracts; (2) the specific contract signed between the parties; (3) the order confirmation; (4) the accepted quotation; (5) these general conditions.

2.Definitions

For the purposes of these conditions and of the other legal documents:

Term	Definition
Software	Any base application or platform — operating system, database, antivirus — or management application supplied together with the equipment or independently.
Equipment	All the physical components of the solution: simulators, manikins, anatomical parts, skeletons, servers, workstations, printers and network and communications equipment.
Consumables	The items needed to operate the equipment that degrade with use: skins, pads, cartridges, backup media and similar.
Spare parts	Components intended to replace parts of the equipment. They are not published in the web catalogue and are supplied through the technical service.
Installation	Service provided after the sale of equipment or software in order to bring it into operation at the customer’s premises.
User training	Training on the operation of the equipment or of the solution delivered. It does not include train-the-trainer education in simulation methodologies, which More Than Simulators S.L.U. does not provide.
Project	Set of services comprising installation, customisation, training, support and assistance with commissioning, quoted in blocks of hours agreed in advance.
Data import	Entry of data manually or by transfer of pre-existing databases. Its preparation and quality are the customer’s responsibility and it is not included in the services quoted unless expressly stipulated.
Support	Service after installation aimed at resolving a malfunction, modifying the initial configuration or improving the functionality of the equipment or software.
Service catalogue	Document that defines and communicates the services provided by More Than Simulators S.L.U.
SLA	Written agreement defining the level of service that More Than Simulators S.L.U. must provide, the service objectives and the responsibilities of both parties.
Incident	Event outside the normal operating procedures of a service that causes, or may cause, an interruption or a deterioration in its quality.
Security incident	Event that results in the loss or impairment of the confidentiality, integrity or availability of information, or a breach of the security policies in force.
Service request	A request that does not constitute a system failure. It is handled as a type of incident.
Complaint	Expression of dissatisfaction relating to the products, services or processes of More Than Simulators S.L.U. in respect of which a resolution is expected.
Call Center	Telephone and email point of contact for logging incidents, service requests and commercial matters.
Support site	Private area available on the internet 24 hours a day, every day of the year, from which the customer interacts with the Service Desk and with the sales department.
Service Desk	Function that provides support to the users of customer organisations in the use of the services and products supplied.
Service activity	Any action aimed at resolving an incident, whether by telephone, remotely, at the customer’s premises or at those of More Than Simulators S.L.U.
Working day	Any day that is not a Saturday, Sunday or public holiday in the locality where the service is to be provided.
Business hours	Monday to Friday, 9:00 to 14:00 and 15:00 to 18:00, mainland Spanish time: GMT+1 in winter and GMT+2 during summer time.

3.Offers, quotations and prices

All quotations are valid for 15 calendar days from their date of issue, unless another period is stated in the document itself.

Prices are not published on this website. They are communicated by individual quotation, depending on the customer’s country, the configuration requested and the applicable commercial terms.

The More Than Simulators S.L.U. product and services tariff is updated at least once a year, at the beginning of each calendar year. The update does not affect quotations already issued and still valid, or orders already confirmed.

Unless expressly stated, prices are exclusive of tax and do not include transport, installation, configuration, training or commissioning, which are quoted separately.

4.Placing of the order

To process an order the following are required:

1. Written confirmation from the customer.
2. Return of the quotation signed and stamped, or the equivalent document required by the customer’s procurement procedure.
3. The corresponding payment in accordance with the invoicing and payment terms clause.

An order is not deemed to be awarded until More Than Simulators S.L.U. issues the document known as the Order Confirmation. That document sets the final configuration, the price, the delivery period and the applicable payment terms.

5.Rejection and cancellation

More Than Simulators S.L.U. may reject an order before issuing the Order Confirmation, in particular where there are reasons of creditworthiness, impossibility of supply on the manufacturer’s part or a manifest error in the quotation. The rejection will be notified in writing and will give rise to the full refund of any amounts paid.

Once the Order Confirmation has been issued, cancellation by the customer requires the written acceptance of More Than Simulators S.L.U. and will give rise to payment of the costs actually incurred, including those passed on by the manufacturer for orders already placed or for custom manufacturing.

For equipment manufactured or configured specifically for the customer, cancellation will not be possible once manufacturing has begun.

6.Delivery, transport and transfer of risk

Delivery is made in accordance with the terms and periods stated in the Order Confirmation. Periods are estimates and run from the confirmation and, where applicable, from receipt of the agreed advance payment.

The risk of loss of or damage to the equipment passes to the customer at the moment of delivery at the agreed address. Ownership passes in accordance with the retention of title clause.

The customer must check the condition and quantity of the goods at the time of receipt and record on the delivery note any apparent damage or shortage. Apparent damage not noted on receipt may not subsequently be claimed from the carrier.

The customer warrants that the installation site is accessible and meets the electrical, network, space and air-conditioning conditions previously notified. The costs of an unsuccessful visit due to failure to meet these conditions will be passed on.

7.Installation, commissioning and training

Installation, configuration and user training services are not included in the price of the equipment or the software and are quoted separately.

Products that require installation or user training state this on their product page. In those cases, the quotation includes the corresponding block of hours.

Services are contracted through blocks of hours agreed in advance, at a fixed amount. The block is sized on the basis of the scope and of experience with projects of equivalent scale, and does not vary according to which technician carries out the work or to the hours it ultimately requires. Work that exceeds the agreed scope, or that arises from causes attributable to the customer — unavailability of the premises, changes of scope, failure to prepare the data — will be quoted separately before being carried out.

More Than Simulators S.L.U. provides training on the use of the equipment and of the solution delivered. More Than Simulators S.L.U. does not provide train-the-trainer education in simulation methodologies, clinical case design or teaching mentorship.

8.Invoicing and payment terms

Invoices are issued at the time the equipment or software is delivered and after the services have been provided. In projects with blocks of hours, invoicing is monthly according to the hours actually reported, unless otherwise agreed.

Payment terms by type of customer:

Customer	Terms
Companies, private centres and individuals · first purchase	Prepayment of 100 % of the amount before supply. This is a requirement in order to process the order.
Companies, private centres and individuals · subsequent purchases	The terms agreed and recorded in the Order Confirmation.
Public authorities and public sector entities	Payment at 30 days. This may be extended up to a maximum of 60 days where the tender specifications or the procurement procedure so provide.

In the event of late payment, the interest provided for in Spanish Act 3/2004, of 29 December, establishing measures to combat late payment in commercial transactions, as well as the compensation for recovery costs provided for in that legislation, will accrue automatically and without the need for notice.

In public sector contracts, the mandatory payment periods of Act 9/2017 on Public Sector Contracts apply and prevail over the above.

Non-payment entitles More Than Simulators S.L.U. to suspend outstanding deliveries and services, upon written notice.

9.Retention of title

Ownership of the equipment sold will not pass to the customer until all invoices issued in connection with that sale have been paid in full.

Until then, the customer will keep the equipment duly identified, may not dispose of it, encumber it or assign it, and will immediately notify More Than Simulators S.L.U. of any seizure or measure affecting it.

10.Taxes

All amounts stated are subject to the rate of VAT in force at the time of invoicing.

For intra-Community supplies between taxable persons with a valid intra-Community operator number verifiable in the VIES system, the corresponding exemption will apply. The intra-Community operator number of More Than Simulators S.L.U. is ESB44275436. It is the customer’s responsibility to notify their own and keep it up to date.

Taxes, levies and duties charged on the transaction at destination will be borne by the customer, unless expressly agreed otherwise.

11.Warranties

The warranty regime is set out in the Warranties document, which forms an integral part of these conditions.

12.Technical support

Support services, their types and their service levels are set out in the Support contracts and service levels document, which forms an integral part of these conditions.

13.Intellectual and industrial property

Intellectual and industrial property rights over the software, the developments, the documentation and the training materials belong to More Than Simulators S.L.U. or to its suppliers.

The delivery of equipment or software does not entail an assignment of rights, but the grant of a non-exclusive, non-transferable licence of use, limited to the training purpose and to the number of seats or users contracted.

The customer retains ownership of its data, its clinical cases and the content it creates with the tools supplied.

14.Confidentiality

More Than Simulators S.L.U. will treat as confidential all customer information to which it has access during the pre-sales phase, interventions and the provision of services, and will not disclose or publish it, in whole or in part, save with the customer’s written authorisation or upon legal or judicial requirement.

More Than Simulators S.L.U. will pass this obligation on to its staff and to third parties acting on its behalf.

The customer will assume the same obligation in respect of the technical, commercial and pricing information it receives from More Than Simulators S.L.U.

The confidentiality obligation will subsist for the term of the relationship and the three years following its termination, and without time limit in respect of trade secrets protected by Spanish Act 1/2019, of 20 February, on Trade Secrets.

15.Data protection and remote access

Each party will comply with the data protection legislation applicable to it. The processing of personal data by More Than Simulators S.L.U. as controller is described in the Privacy policy.

Where the provision of a service involves More Than Simulators S.L.U. accessing personal data for which the customer is the controller, the processing agreement provided for in article 28 GDPR will be signed before the service begins.

Remote access to the customer’s systems requires the customer’s prior and express authorisation, will be limited to what is necessary for the intervention and will be logged. The customer may revoke the authorisation at any time.

The disclosure of data to manufacturers or to third parties involved in processing warranties, spare parts or technical assistance will be limited to the data that is strictly necessary, and the customer will be informed of the recipients.

16.References and publicising of projects

More Than Simulators S.L.U. may mention the customer and describe the project carried out for commercial reference purposes with the customer’s prior written authorisation, which may extend to the name of the institution, the logo, images of the premises, or all of them.

The authorisation may be revoked; in that case More Than Simulators S.L.U. will remove the reference from its own media within a reasonable period.

17.Liability

More Than Simulators S.L.U. will be liable for direct damage caused by breach of its obligations in accordance with the law.

Save for wilful misconduct or gross negligence, the total liability of More Than Simulators S.L.U. for all claims arising from a single supply or services contract is limited to the amount actually invoiced for that supply or contract.

More Than Simulators S.L.U. will not be liable for loss of profit, for loss of data attributable to the customer’s failure to make backups, or for indirect or consequential damage.

The above limitations do not apply to personal injury, to cases of wilful misconduct or gross negligence, or to cases in which the law mandatorily excludes the limitation of liability.

18.Force majeure

Neither party will be liable for non-performance due to causes beyond its reasonable control, including natural disasters, armed conflict, measures taken by authorities, export restrictions, widespread interruptions of supply or transport and serious failures in the manufacturer’s supply chain.

The affected party will give notice without delay. If the cause persists for more than ninety days, either party may terminate the affected part of the contract without compensation, settling what has actually been performed.

19.Regulatory compliance and public procurement

More Than Simulators S.L.U. declares that it complies with the applicable legislation on the prevention of corruption, export controls and international sanctions, and that it is not subject to the prohibitions on contracting set out in article 71 of Spanish Act 9/2017 on Public Sector Contracts.

In public sector contracts, the tender specifications and procurement legislation will prevail over these general conditions in everything in which they are incompatible, without this affecting the validity of the remaining clauses.

20.Assignment, partial invalidity and entire agreement

The customer may not assign its contractual position without the written consent of More Than Simulators S.L.U. More Than Simulators S.L.U. may assign the contract to another company in the group upon prior notice.

A declaration that any clause is invalid will not affect the validity of the remainder, which will remain in force, the invalid clause being replaced by another pursuing the same purpose within legal limits.

These documents, together with the accepted quotation and the Order Confirmation, constitute the entire agreement between the parties and supersede any prior understanding on the same subject matter.

21.Applicable law and jurisdiction

Contracts entered into with More Than Simulators S.L.U. are governed by Spanish law. For their resolution, the parties submit to the courts and tribunals of Barcelona, unless the law mandatorily determines another venue.

Where the customer is a consumer habitually resident in another Member State, this choice will not deprive them of the protection afforded by the mandatory provisions of the law of their residence, in accordance with article 6 of Regulation (EC) 593/2008 (Rome I).

In contracts with public authorities, the jurisdiction determined by the applicable public procurement legislation will have competence.

If the customer is a consumer, the above submission will not be enforceable against them and the venue legally corresponding to them will apply.

22.Validity and amendments

More Than Simulators S.L.U. may amend these general conditions. The version applicable to each transaction is the one in force on the date of the accepted quotation.

Version: 1.0. Last updated: 14 September 2026.