Terms and Conditions
GENERAL TERMS AND CONDITIONS SPANGENBERG INTERNATIONAL BV
Located at Nijverheidsweg 23A, 3641 RP Mijdrecht, The Netherlands
Registered with the Chamber of Commerce under number 11060419
CHAPTER 1. DELIVERY AND PAYMENT CONDITIONS
Article 1. Definitions
In these general terms and conditions, the following terms are capitalised and used in the following meaning, both in the singular and in the plural, unless expressly indicated otherwise:
- Customer: the natural or legal person who purchases Products and/or Services from the Supplier and the other party to the Agreement with the Supplier within the meaning of Article 6:231 sub c of the Dutch Civil Code.
- Consumer: the natural person who, when entering into an Agreement, is not acting in the interest of a profession or business.
- Services: all work, in whatever form or capacity, that the Supplier performs to the Customer on the basis of the Agreement.
- Supplier: the private company with limited liability, Spangenberg international BV, counterparty to the Agreement with the Buyer and user of these general terms and conditions within the meaning of Article 6:231 sub b of the Dutch Civil Code.
- Order: placing an order for the delivery of Products and/or Services by the Buyer to the Supplier.
- Agreement: the agreement between the Supplier and the Buyer on the basis of which the Supplier supplies Products and/or Services to the Buyer against payment, of which these general terms and conditions form an integral part.
- Parties: Supplier and Buyer jointly.
- Products: all items, including documentation, (technical) drawings and (test) equipment, which are the subject of the Agreement.
- In writing: "in writing" in these general terms and conditions also includes communication by email, fax or digitally (for example, via an online interface) provided the identity of the sender and integrity of the content are sufficiently established.
- Website: Maxima’s website, maxima.com, and any subdomains.
Article 2. Applicability
- The present general terms and conditions apply to all offers, Agreements and deliveries of the Supplier, of whatever nature, unless that applicability in whole or in part has been expressly excluded in writing or has been explicitly agreed otherwise.
- Any general terms and conditions of the Customer, by whatever name, are expressly rejected. Deviations from and additions to these terms and conditions only apply if and insofar as they have been expressly accepted by the Supplier in writing.
- If the Supplier allows deviations from these general terms and conditions, whether tacitly or not, for a short or longer period of time, this shall not affect its right to demand immediate and strict compliance with these terms and conditions. The Customer cannot derive any rights from the way in which the Supplier applies these terms and conditions.
- The present conditions also apply to all agreements with the Supplier, for the execution of which third parties are involved. These third parties can invoke the present terms and conditions directly against the Customer, including any limitations of liability.
- If one or more of the provisions of these general terms and conditions or any other Agreement with the Supplier should conflict with a mandatory statutory provision or any applicable legal provision, the relevant provision will lapse and will be replaced by a new provision to be determined by the Supplier., legally permissible and comparable provision.
- The Customer with whom a contract has once been concluded on the basis of the present terms and conditions is deemed to tacitly agree to the applicability of these terms and conditions to an Agreement concluded with the Supplier at a later date.
- In the event of a conflict between the content of an Agreement concluded between the Customer and the Supplier and these terms and conditions, the content of the Agreement will prevail.
Article 3. Offers and quotations
- All offers of the Supplier are revocable and are made without obligation, unless indicated otherwise in writing.
- A composite quotation does not oblige the Supplier to deliver part of the Products and/or Services included in the offer at a corresponding part of the stated price.
- The content of the delivery is determined solely by the description of the delivery given in the offer. If the acceptance (on minor points) deviates from the offer included in the offer, the Supplier is not bound by it. The Agreement will then not be concluded in accordance with this deviating acceptance, unless the Supplier indicates otherwise.
- If an Agreement is quoted on the basis of subsequent calculation, the prices quoted serve only as a guideline price, the hours actually worked by the Supplier, as well as the costs actually incurred by the Supplier will be passed on.
- Obvious errors or clerical errors in the Supplier’s offer are not binding on the Supplier.
- The prices in the Supplier’s offers on the Website are included as standard including VAT and other government levies, unless expressly indicated otherwise. The Buyer has the option on the Website to display the prices excluding VAT by clicking on ‘incl. VAT’.
- The Supplier is free to change its prices at any time. Offers therefore do not automatically apply to future Orders.
Article 4. Conclusion of the Agreement
- Subject to the provisions below, an Agreement with the Supplier is only concluded after the Supplier has accepted or confirmed an Order in writing. The order confirmation is deemed to represent the Agreement correctly and completely, unless the Customer protests against this immediately and in writing. The preceding sentence does not apply if the Customer is a Consumer.
- Contrary to the provisions of paragraph 1 of this article, for Orders placed via the Supplier’s Website, the Agreement is concluded at the moment that the Customer has successfully completed all steps of the online ordering process. In such a case, the Supplier shall immediately confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this offer has not been confirmed, the Customer has the option to dissolve the Agreement.
- Any additional agreements made, or changes made later will only be binding on the Supplier if these have been confirmed by the Supplier in writing within five days.
- For Agreements or transactions for which, due to the nature and scope, no Written quotation or order confirmation is sent, the invoice is deemed to represent the Agreement correctly and completely, unless Written objection is made within eight days of the invoice date.
Article 5. Registration
- In order to make optimal use of the Website, the Customer can register via the registration form/account login option on the Website.
- During the registration procedure, the Customer chooses a username and password with which he can log in to the Website after registration. The Customer is responsible for choosing a sufficiently reliable password.
- The Customer must keep his login details, his username and password strictly confidential. The Supplier is not liable for misuse of the login details and may always assume that a Customer who registers on the Website is actually that Customer. Everything that happens through the account of the Customer is the responsibility and risk of the Customer.
- If the Customer knows or suspects that his login details have come into the hands of unauthorised persons, he must change his password and/or notify the Supplier thereof as soon as possible, so that the Supplier can respond appropriately.
Article 6. Delivery
- Unless otherwise agreed in writing, delivery will take place at the location to be designated by the Supplier (EX Works – incoterms 2020).
- If the delivery of Products is made to a delivery address specified by the Buyer, the Supplier will deliver the products to the first door of the delivery address, and not over the threshold, unless expressly agreed otherwise. In addition, the Customer must ensure that the location where the Products must be delivered is easily accessible and passable for the transport or supply of the Products over a paved road.
- The choice of the means of transport is up to the Supplier, also in the case of non-free shipments, where no regulations have been given for the shipment by the Customer. Obstacles or temporary impediments to transport with the chosen means of transport do not oblige the use of another means of transport.
- If the unloading is carried out by the Supplier or a third party engaged by it, the risk will pass to the Buyer at the moment the Products are unloaded.
- Products that are ready for collection or dispatch must be collected or received immediately at the place of delivery.
- If it proves impossible to deliver the Products to the Customer due to a cause within the Customer’s sphere (including failure to comply with the obligations arising from these general terms and conditions), the Supplier reserves the right to use those Products at the expense and risk of the Customer or have it stored, without any liability on the part of the Supplier for damage, depreciation, loss or otherwise. During storage, a period of 30 days applies within which the Supplier will enable the Customer to still accept or take receipt of the Products. All this, unless the Supplier has expressly set a different term in writing.
- If the Customer also fails to fulfil its obligations after expiry of the term referred to in the previous paragraph of this article, the Customer is in default by operation of law and the Supplier has the right to terminate the Agreement in writing and with immediate effect, without prior or further notice of default, to dissolve in whole or in part without judicial intervention and without being obliged to pay compensation for damage, costs or interest. The foregoing does not apply insofar as a mandatory statutory provision opposes this. Where appropriate, the Supplier is entitled to sell the Products to third parties or to use them for the execution of other agreements. The foregoing does not affect the Buyer’s obligation to pay the agreed purchase price, as well as any storage and/or other costs.
Article 7. Delivery times and engaging third parties
- If the Supplier has specified a term for delivery or the execution of the Agreement, this is only indicative. A specified delivery time can therefore never be regarded as a strict deadline. If a term is exceeded, the Buyer must therefore give the Supplier written notice of default. The Supplier must be offered a reasonable period of 14 days to still implement the Agreement.
- Supplier may deliver an Order in instalments, invoice each instalment separately and require payment in accordance with the applicable payment terms.
- If and insofar as, in the opinion of the Supplier, this is required for proper performance of the Agreement, the Supplier has the right to have certain activities performed by third parties.
Article 8. Investigation and complaints
- The Buyer, who is not a Consumer, must check the delivered goods immediately after delivery for any deviations from what has been agreed upon. If the Products are visibly damaged externally on arrival, the Customer must make a written reservation in this regard against the carrier by means of a note on the proof of delivery and must notify the Supplier within 72 hours of receipt by email: in[email protected]
- Any invisible defects must be submitted in writing to the Supplier by email no later than eight days after the discovery of the use or the defect should reasonably have been discovered by the Customer who is not a Consumer:[email protected] After the expiry of the aforementioned term, the delivered goods shall be deemed to have been irrevocably and unconditionally accepted by the Customer.
- A Consumer must notify the Supplier of this defect within two months after he discovers or should reasonably have discovered a defect. In the event of non-compliance with this requirement, the Consumer’s rights arising from Article 7:21 et seq. lapse insofar as the expiry of these rights is permitted by law.
- When the Customer submits a complaint to the Supplier, the Customer must keep the defective Products at the disposal of the Supplier. Submitting a complaint does not suspend the Customer’s payment obligation with regard to the Products concerned.
- Drawings, technical descriptions, models, samples, images, colours, weights, measurements and material designations are provided by the Supplier in good faith and as accurately as possible. However, this informational data is not binding. Deviations in delivered Products with the margins customary in the industry must be accepted and do not entitle the Customer to complaints, replacement, compensation for damage or any other right, unless a smaller margin for deviations has been expressly agreed in the Agreement.
- After the discovery of any defect, the Customer is obliged to immediately discontinue the use, processing and/or installation of the Products concerned and furthermore to do everything reasonably possible to prevent (further) damage.
Article 9. Returns and right of withdrawal
- Customers have a right of return in accordance with the conditions included on the Website, which can be found under the heading ‘Returns’ in the footer. The assessment of Products with regard to the conditions stated on the Website is at the sole discretion of the Supplier. For Consumers who make a distance purchase, the statutory right of withdrawal (which is regulated in the remainder of this article) additionally applies, whereby the most advantageous right for the Consumer prevails.
- In the event of a distance purchase by a Consumer, the Consumer has a right of withdrawal for a period of 14 days.
- During this period, the Consumer has a right of withdrawal, whereby the Consumer has the option to cancel the purchase, without any obligation on his part, other than compensation for the direct costs of return, and to return the Products received. The period starts on the day after receipt of the Product by the Consumer, or a third party designated by the Consumer who is not the carrier, or:
- if the delivery of a Product consists of different deliveries or parts: the day on which the Consumer, or a third party designated by the Consumer, has received the last delivery or the last part.
- in the case of Agreements for regular delivery of Products during a certain period: the day on which the Consumer, or a third party designated by the Consumer, has received the last product.
- if the Consumer has ordered several Products: the day on which the Consumer, or a third party designated by the Consumer, has received the last Product. The Consumer can invoke the right of withdrawal by the Supplier within a period of 14 days after receipt by or on behalf of the Consumer in writing, or by to notify him of his intention by email. The Written Declaration is sent by email to [email protected]. To this end, the Consumer can use the European model withdrawal form that is made available by the Supplier on its Website, but the Consumer is not obliged to do so.
- If the Consumer invokes the right of withdrawal, the Supplier will refund any amount already paid by the Consumer within 14 days of receipt of the returned Products.
- The Consumer must, if possible, in order to exercise his right of withdrawal, return the relevant Products in the original packaging. However, the Consumer may remove the Product from the packaging insofar as this is necessary to assess whether the Product meets the Consumer’s expectations. The consumer must return the product to the supplier complete, undamaged and unused.
- The Consumer is liable for the decrease in value of the Product as a result of violation of paragraph 6.
- As soon as possible, but no later than 14 days after the day of notification as referred to in paragraph 4, the Consumer shall return the Product or hand it over to (a representative of) the Supplier. The Consumer can send the Product directly to the Supplier without prior notice within the period referred to in paragraph 2. In this case, the consumer must enclose a written notification of withdrawal, such as the model form.
Products can be returned to the following address:
Spangenberg International BV
3641 RP Mijdrecht
- The costs for the return are for the account of the Consumer.
- Any amounts already paid (in advance) by the Consumer will be refunded to the Consumer as soon as possible, but in any case, within 14 days after dissolution of the Agreement. If the Consumer has opted for an expensive method of delivery, instead of the cheapest standard delivery for the shipment, the Supplier does not have to reimburse the additional costs of the more expensive method. Except in cases where the Supplier has offered to take back the Product itself, it can defer reimbursement until it has received the Product or until the Consumer proves that he has returned the Product, whichever comes first.
Article 10 Price changes
- If one or more of the cost factors change after the Agreement has been concluded, but before delivery, the Supplier is entitled to adjust the agreed price accordingly.
- If the Supplier increases the price within three months after the conclusion of the Agreement, the Consumer is entitled to dissolve the Agreement free of charge. For business Customers, the Customer is entitled to dissolve the Agreement if the Supplier increases the price by more than 15% of the original invoice amount. If the Buyer wishes to dissolve the Agreement with the Supplier in the event of a price increase, the Customer must inform the Supplier in writing within 14 days of the notification of the price increase of the intention to dissolve the Agreement.
Article 11. Invoicing and payment
- The Supplier is entitled to demand full or partial advance payment from the Customer at the start of the Agreement, unless the Customer is a Consumer. In such a case, the Supplier may demand payment in advance for a maximum of half of the purchase price. Advance payments must be paid immediately after the Agreement has been concluded and, if applicable, will be deducted from the (last) invoice. Unless otherwise agreed in writing, in the event of payment after delivery, the Customer has a payment term of 14 days, commencing on the day after delivery.
- If it has been agreed that payment is made by means of an invoice, the payment of invoices must be made within 30 days of the invoice date, without any settlement or discount, in a manner to be indicated by the Supplier in the currency in which the invoice is made, unless a different term is specified in writing. The Supplier reserves the right to send invoices digitally.
- Unless the Customer is a Consumer, the Supplier is entitled to charge a surcharge, with regard to credit limitation, of 2%, which is not due if payment is made within the agreed payment term of 30 days.
- After expiry of the agreed payment term, the Customer is legally in default without further notice of default being required.
- From the moment of default, the Customer owes interest of 1% per month on the amount due, unless the statutory commercial interest is higher, in which case the statutory commercial interest applies. All judicial and extrajudicial costs incurred by the Supplier in order to obtain payment – both in and out of court – will be borne by the Customer from that moment on. In that case, the Customer owes a fee of at least 15% of the outstanding amount, with a minimum of € 150.00. Contrary to the foregoing, the Consumer owes the statutory interest for the period that he is in default, and after he has been summoned for payment with a term of 14 days by the Supplier and the Consumer, he must not make payment after this term, to pay extrajudicial collection costs. These costs amount to a percentage of 5% with a minimum of € 40.00 and a maximum of € 6775.00.
- If the Buyer has not fulfilled its payment obligations in time, the Supplier is authorised to suspend the fulfilment of the obligations entered into towards the Buyer for delivery or the performance of work until payment has been made or proper security has been provided for this. The same applies before the moment of default if the Supplier has reasonable grounds to doubt the Customer’s creditworthiness. This provision does not apply to the Customer who is a Consumer.
- In the event of liquidation, bankruptcy, debt restructuring or suspension of payment of the Customer or an application to that effect, the Supplier’s claims and the Customer’s obligations towards the Supplier are immediately due and payable.
- If the Customer has one or more counterclaims against the Supplier for whatever reason, the Customer waives the right to settlement. The aforementioned waiver of the right to settlement also applies if the Customer applies for a (provisional) suspension of payments or is declared bankrupt. This provision does not apply to the Customer who is a Consumer.
Article 12. Retention of title
- All Products delivered by the Supplier remain the property of the Supplier until the Customer has fully complied with all its payment obligations towards the Supplier under any Agreement concluded with the Supplier for the delivery of Products and/or the performance of work and/or Services, including claims for failure to perform such Agreement.
- The following provisions of this, article 12 do not apply if the Customer is a Consumer.
- A Buyer acting as a reseller is not entitled to rent out or give to use, pledge or otherwise encumber the Products that are subject to the Supplier’s retention of title. The Customer is only entitled to sell or deliver the Products owned by the Supplier to third parties, insofar as this is necessary in the context of the Customer’s normal business operations.
- The Buyer is not permitted to establish limited rights on Products that are subject to the Supplier’s retention of title. If third parties (want to) establish (limited) rights to Products subject to retention of title, the Buyer shall immediately inform the Supplier of this in writing.
- The Supplier hereby reserves the non-possessory pledge on the delivered Products that have passed into the ownership of the Buyer through payment and are still in the hands of the Supplier, other than as stated in Article 3:92 paragraph 2 of the Dutch Civil Code, which the Supplier may still have towards the Customer for whatever reason.
- The Customer is obliged to keep the Products delivered subject to retention of title separate from other Products, with due care and as recognisable property of the Supplier.
- The Customer is obliged to insure the Products against fire, explosion and water damage, as well as against theft for the duration of the retention of title and to make the policies of these insurances available to the Supplier for inspection on first request. All claims by the Customer against insurers of the Products under the aforementioned insurance policies will, as soon as the Supplier so desires, be silently pledged by the Customer to the Supplier, as additional security for the Supplier’s claims against the Customer.
- In addition, for deliveries that are carried out to Germany, if the Buyer (also) or a third party forms a new item(s) from Products delivered by the Supplier, the Buyer or this third party only constitutes for the Supplier and the Buyer keeps the newly formed item(s) for the Supplier until the Buyer has paid all amounts due under the Agreement. In that case, the Supplier has all rights as owner of the newly formed item(s) until full payment is made by the Buyer.
Article 13. Suspension and dissolution
- If the Buyer or Supplier fails to fulfil its obligations under the Agreement, the other Party is entitled, without prejudice, to the relevant provisions of the Agreement, to dissolve the Agreement extrajudicially by means of a registered letter. Unless otherwise stipulated elsewhere from these general terms and conditions, the dissolution will only take place after the defaulting Party has been given written notice of default and a reasonable period has been given to remedy the shortcoming.
- If the Customer is not a Consumer, one Party is entitled, without any reminder or notice of default being required, to dissolve the Agreement in whole or in part by means of a registered letter out of court and with immediate effect if:
- the other Party applies for a (provisional) suspension of payments or is granted a (provisional) suspension of payments;
- the other Party files for its own bankruptcy or is declared bankrupt;
- the other Party’s company is liquidated;
- there is a change in control within the company of the other Party;
- the other Party ceases its current business; or
- a substantial part of the assets of the other Party are seized through no fault of this Party, or if the other Party is otherwise no longer able to fulfil its obligations under the Agreement.
- If the Customer is not a Consumer and at the time of the dissolution had already received performances for the execution of the Agreement, he can only partially dissolve the Agreement and only for that part that has not yet been performed by or on behalf of the Supplier.
- If the Customer is not a Consumer, amounts that the Supplier has invoiced to the Customer prior to the dissolution in connection with what the Supplier has already performed in the performance of the Agreement, will remain payable by the Customer to the Supplier without prejudice. These amounts become immediately due and payable at the time of the dissolution.
- If, after having been given notice of default, the Buyer does not, not fully nor in a timely manner, fulfil any obligation arising from the Agreement, the Supplier is entitled to suspend its obligations towards the Buyer without being obliged to pay any compensation to the Buyer as a result. The Supplier is also entitled to do so in the circumstances referred to in paragraph 2 of this article.
Article 14. Liability
1. With regard to an attributable shortcoming in the fulfillment of its obligations or from an unlawful act, the Supplier is only liable for direct damage amounting to the amount paid out by the Supplier’s insurer. If the insurer does not pay out, the total liability of the Supplier will never be more than what the Customer owes under the Agreement (in the case of a continuing performance contract: in the twelve (12) months prior to the time when the damage occurred) (excluding VAT).
2. Direct damage only consists of:
a) damage caused directly to material property (“property damage”);
b) reasonable and demonstrable costs that the Customer has had to incur to urge the Supplier to (again) properly comply with the Agreement, unless the defective performance cannot be attributed to the Supplier;
c) reasonable costs to determine the cause and extent of the damage;
d) reasonable and demonstrable costs incurred by the Customer to prevent or limit the damage, insofar as the Customer demonstrates that these costs have led to limitation of the damage;
e) reasonable and demonstrable costs for having the Agreement performed by a third party, if the Supplier, after a reminder from the Partner, does not properly comply (again) within the reasonable term set in the reminder.
- Liability for indirect damage, including but not limited to damage as a result of delay in delivery, lost profit, stagnation damage and other consequential damage is excluded.
- The liability of the Supplier due to an attributable shortcoming in the performance of the Agreement only arises if the Buyer gives the Supplier immediate and proper notice of default In Writing, whereby a reasonable period is set to remedy the shortcoming, and the Supplier is also attributable after that period in the continues to fail to fulfil its obligations. The notice of default must contain as detailed a description as possible of the shortcoming so that the Supplier is able to respond adequately.
- The limitations of liability included in these general terms and conditions do not apply if the damage is due to intent or gross negligence on the part of the Supplier’s management, or if the Customer is a Consumer.
Article 15. Complaints procedure and limitation period
1. If the Customer has a complaint about a product and/or about other aspects of the Supplier’s services, it can submit a complaint via the complaints form that can be found on the Website.
2. The Supplier will provide the Customer with a response to his complaint as soon as possible, but in any event within seven (7) days of receipt of the complaint. If it is not yet possible to provide a substantive or definitive response, the Supplier will confirm the receipt of the complaint within seven (7) days and provide an indication of the period within which it expects to provide a substantive or final response to the complaint.
3. Customers who are not acting in the exercise of their profession or business can also submit a complaint via the European dispute resolution platform, which can be reached via http://ec.europa.eu/odr/.
4. In all cases, to the extent permitted by law, the term within which the Supplier can be held liable for compensation for damage is limited to a maximum of one (1) year after delivery of the Products or Services concerned to which the damage relates.
Article 16. Force majeure
- The parties are not obliged to fulfil any obligation if they are prevented from doing so as a result of a circumstance that is not due to fault, and is not for their account under the law, a legal act or generally accepted views.
- In these general terms and conditions, force majeure is defined, in addition to its definition in the law and case law, as all external causes, foreseen or unforeseen, over which the Supplier cannot exercise any control, but which prevent the Supplier from fulfilling its obligations; force majeure of suppliers of the Supplier; government measures; electricity failure; failure of internet, computer network or telecom facilities; war; occupation; strikes at the Supplier’s company or the relevant manufacturer or supplier; the unavailability of one or more members of staff; traffic congestion; lockout; operational failure; fire; flood; and import and export impediments. This paragraph 2 does not apply if the Customer is a Consumer.
- The Supplier also has the right to invoke force majeure if the circumstance that prevents (further) fulfilment occurs after the Supplier should have fulfilled its obligation.
- The parties can suspend the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than 30 days, each of the Parties is entitled to dissolve the Agreement, without any obligation to pay compensation to the other Party.
- Insofar as the Supplier has partially fulfilled, or will be able to fulfil its obligations under the Agreement at the time of the occurrence of force majeure, and the part fulfilled or to be performed has independent value, the Supplier is entitled to be invoiced separately. The Customer is obliged to pay this invoice as if it were a separate Agreement.
Article 17. Applicable law and choice of forum
- Insofar as not dictated otherwise by law, all Agreements concluded and to be concluded by the Supplier are governed by Dutch law.
- Disputes that may arise as a result of this Agreement or of further agreements that may result therefrom will be settled by the competent court in the district where the Supplier has its registered office, unless a mandatory legal provision opposes this.
Article 18. Other
- In the event of an explanation of the content and purport of these general terms and conditions, as well as in the event of a conflict between the content or interpretation of any translations of these general terms and conditions and the Dutch version, the Dutch text shall always prevail.
- The most recently filed version, or the version that applied at the time of the conclusion of the Agreement, is always applicable.
- The Purchaser gives the Supplier the right in advance, without requiring the explicit consent of the Purchaser, to transfer the Agreement concluded between the parties in full, or parts thereof, to parent, sister and/or subsidiary companies or to a third party in in the event of a merger or acquisition. The Supplier will notify the Customer if such a transfer has taken place. In the event that the Customer is a Consumer, the provisions of this paragraph only apply in connection with the transfer of the Supplier’s business to which both the obligations and the rights stipulated in respect thereof belong.
SECTION 2. WARRANTY TERMS
Article 19. Duration and commencement of the guarantee
- The warranty conditions included in this chapter 2 apply to Customers who are not Consumers in lieu of any guarantees and comparable obligations arising from the law and comparable obligations (including the relevant provisions of Title 1, Book 7 of the Dutch Civil Code) to the extent permitted by law.
- The warranty period is:
- 12 months for Products that have been used in accordance with the regulations and which have been purchased by a business Customer (not being a Consumer); or
- 24 months for intended Use Products purchased by a Consumer.
- The warranty period begins on the delivery date of the Product, which is stated on the purchase invoice.
Article 20. Consumer warranty conditions
The provisions of these guarantee conditions do not affect the Consumer’s mandatory guarantee rights vis-à-vis the Supplier. For Consumers, in deviation from the guarantee conditions in this chapter 2, defects during the guarantee period and the period arising from the law will be remedied entirely free of charge by Supplier.
Article 21. Content and scope of the guarantee
- Defects in a Product, which can demonstrably be traced back to a material, production and/or design error, will be remedied by the Supplier within a reasonable period of time, subject to the present warranty conditions, either by repair or by replacing the relevant parts. User damage and wear are not covered by the warranty.
- Warranty cases are examined and repaired by the Supplier free of charge. Only the transport costs for sending the Customer to the Supplier and for returning the Supplier to the Customer are for the account of the Customer, whereby the Customer bears the risk of the transport.
- Replaced parts become the property of the Supplier. The warranty does not include the supply of consumables and accessories.
Article 22. Limitation of warranty
The warranty does not cover defects and malfunctions as a result of:
- Incorrect setup or installation, for example, due to failure to observe the applicable safety regulations or the instructions in the operating, installation and assembly instructions.
- Improper use, as well as improper operation or loading.
- External influences, such as transport damage, damage as a result of bumps or knocks, damage due to weather influences or other natural phenomena.
- Chemical and electrochemical effects due to prolonged exposure to (liquids) substances and in general as a result of anomalous environmental factors or contact with substances to which the Product does not reasonably need to be resistant otherwise.
- Repairs and adjustments performed by service organisations not trained and authorised by the Supplier for this work.
- Spare parts, extensions or accessories other than original parts, extensions or accessories originating from the Supplier.
- Parts that wear depending on the nature and intensity of use, such as rubber, glass and lamps.
- Current and voltage fluctuations that are outside the specified tolerance range.
- Failure to perform maintenance and cleaning work in accordance with the instructions for use.
Article 23. Loan
- To the extent that repair work is performed on a Product by the Supplier, there is a possibility to rent a replacement device, provided a replacement device is available. When the Supplier provides a replacement device to Customer on loan, the Supplier reserves the right to charge the Customer a reasonable usage fee for the duration of the loan, as well as for transportation of the replacement device to and from the Customer’s location. Fees vary by device. The Supplier will inform the Customer on request about the costs of the loan.
- The Customer is obliged to return the device that he has on loan in the same condition as the condition in which the Customer received the device. The Supplier reserves the right to charge the Customer for any damage caused by the Customer to the device during the period of loan.
Article 24. Term
Warranty cases do not lead to an extension of the warranty period, nor do they form the beginning of a new warranty period. The warranty period for parts replaced under warranty ends at the same time as the warranty period for the Product as a whole.
Article 25. Entitlement
More extensive or other claims – in particular, claims for compensation for indirect damage and damage not caused to the Product itself – are excluded, insofar as the liability does not arise from statutory provisions of mandatory law.
Article 26. Repair and service
- The Supplier will make every effort to carry out repairs within two (2) to five (5) working days after the Customer has reported a defect and the Supplier has been given access to the Product and/or the Product has been made available.
The Supplier will only carry out repairs and service on location at the Customer if this concerns a location in the Netherlands. Such work is carried out during office hours (Monday to Friday between 8:30am and 5:00pm).
- For repairs that fall outside the warranty, the Customer owes the Supplier labour for repairs. These costs amount to € 85.00 per hour excl. VAT with a minimum of 0,5 hours, regardless of whether the repair takes place in the workshop of the Supplier or on location at the Customer’s.
- The Customer owes call-out costs for repairs and/or service on location, whether or not on the basis of a guarantee. These costs amount to € 125.00 excl. VAT.
- If the Customer wishes a repair outside the Supplier’s schedule (for example, in the event of an emergency), a surcharge will apply to the call-out rate of € 0.65 excl. VAT per km (round trip). Furthermore, in such a case where the repair falls within the warranty, the Supplier has the right to charge wages for labour, or to charge a surcharge on the wages if the repair falls outside the guarantee.
- The provisions of paragraphs 3 and 4 do not apply to outlying areas (including but not limited to the Wadden Islands). This is calculated on a case-by-case basis.
- The Supplier can arrange a collection order on behalf of the Customer. In that case, the Product will be collected for the Supplier at the location of the Customer and possibly also returned. The collection and/or shipping costs are calculated on a case-by-case basis and are for the account of the Customer.
- If the Customer wishes to deliver or send the Product itself in the context of repair or service, the Customer can send or deliver the Product to the address of the Supplier: Nijverheidsweg 23C in Mijdrecht.
- If the Customer sends the Product to the Supplier, the Product must be properly packed for transport. The supplier is not responsible for any damage that occurs during transport.
Article 27. Assessment of warranty cases
If it cannot be established without further investigation whether a defect is covered by the warranty, the Supplier has the right to investigate whether a defect is covered by the warranty conditions. If this shows that the defect is not covered by the warranty conditions, the Supplier has the right to charge the Customer the costs of € 39.00 for the investigation. The Supplier is only entitled to do so if it has informed the Customer of these costs for investigation. If a defect is not covered by the warranty conditions, but the Customer nevertheless wishes to have the Product repaired, the Supplier shall charge the Customer for all costs arising from the repair at the usual rates. The Supplier will provide the Customer with an estimate of the costs in advance.
Article 28. Resale
When the Supplier sells Products to a Buyer, who is not an end user, (hereinafter: “Merchant”), the Merchant itself is responsible for handling and resolving complaints and defects in accordance with the legal provisions. In that case, the Merchant is responsible for assessing a complaint or defect and, if necessary, to pay a visit to the end user of the Product. However, the Merchant is free to contact the Supplier for telephone support. However, the Supplier is not obliged to do so. If parts must be replaced by the Supplier under warranty, these parts must be presented by the Merchant to the Supplier for assessment. If this is not done, the parts provided under warranty will be charged. The parts subject to warranty will be sent to the Merchant for repair. The technical service of the Supplier can be called in on request to deal with complaints and defects, as well as to carry out repair work. The Supplier’s usual rates apply for this.