Terms and Conditions
Jenson ATEX depot is part of Hacktic Computer Products BV
Article 1 GENERAL
In these conditions Hacktic Computer Products, established Mr. FJ Haarmanweg 21 in Terneuzen, referred to as Hacktic Computer Products. In case of delivery of services under Hacktic Computer Products fellow contractor and under includes a client buyer.
These general conditions apply to all offers by and agreements with Hacktic Computer Products.
A buyer who once under these terms and conditions Hacktic Computer Products has contracted, is considered possibly followed by him verbally, by letter, telegram or fax to give orders or to be entered into agreements implied the applicability of these general conditions to have agreed .
Buyer does not like (trading) an agent or distributor of Hacktic Computer Products as such unless he is appointed by written agreement.
Of these conditions can only be permitted if expressly agreed in writing.
Article 2 OFFERS
Quotations are free, unless otherwise stated in the offer.
The price lists and price listings Hacktic Computer Products are not tender.
Upon acceptance of an offer by the buyer, Hacktic Computer Products reserves the right to the offer within two working days of receipt of such acceptance to retrieve or to depart. With reasons will Hacktic Computer Products disclose in writing to Purchaser.
Verbal agreements Hacktic Computer Products only after it has confirmed in writing.
Procurement and other requirements of a buyer by Hacktic Computer Products explicitly rejected, unless explicit written yet Hacktic Computer Products will be accepted.
Article 3 CONCLUSION OF THE AGREEMENT
Agreements can only be concluded after an order or repair order by Hacktic Computer Products on feasibility is assessed.Hacktic Computer Products has the right, without giving any reason not to accept orders or contracts or only to accept the condition that the shipment takes place after COD or prepayment, in which case the buyer will be informed accordingly.
Article 4 IMAGES
All images, drawings, information on weights, dimensions, colors, etc. included in price lists and leaflets, are only approximate and can not cause damages and / or dissolution.
All by or on behalf of Hacktic Computer Products made designs, images, etc. referred to in paragraph 1 shall remain the property of Computer Products and Hacktic allowed without express written permission be copied or otherwise reproduced or shown to third parties or in any way used.
The buyer shall pay such information upon request to Hacktic Computer Products to return under penalty of a fine for Hacktic Computer Products of € 500, - per day.
Article 5 PRICES
The business of Hacktic Computer Products will be delivered at the prices prevailing at the time of order from Hacktic Computer Products.The services of Hacktic Computer Products are made at the price Hacktic Computer Products after providing the services on which it calculates as usual.
For orders below a certain value, a net amount for shipping and handling charges. The cost for shipment by express, only paid by the buyer when it has such a shipping method requested.
Article 6 SHIPPING / DELIVERY
Deliveries will take place exclusively within the Netherlands, unless otherwise agreed.
Delivery of orders is normally up to 30 days, unless otherwise stated or mentioned. This delivery is an indication and not a deadline.
If the agreed delivery time for any reason by Hacktic Computer Products is passed, Hacktic Computer Products Customer in writing (fax, letter, e-mail) set. In that case the client has the power to contract with Hacktic Computer Products to dissolve by writing (fax, letter, e-mail) Hacktic Computer Products to report.
Possibly in connection with the previous article has already placed by the customer payments as soon as possible but in any event within fourteen (14) days after Hacktic Computer Products in Article 6.4 above request to terminate the contract received in the bank or giro account of the customer returned.
The Hacktic Computer Products Delivery times will never be regarded as deadlines, unless expressly agreed otherwise.
Delivery occurs at the place and time that the goods are ready for shipment to the customer. Hacktic Computer Products reserves the right to send orders in partial shipments and invoice.
Unless otherwise agreed, Hacktic Computer Products provides the method of shipment. In case Hacktic Computer Products has chosen the method of shipment, the goods will risk Hacktic Computer Products. Hacktic Computer Products bear the risk of affairs at the time the goods at the specified address are offered for delivery.
If requested by the buyer delivery is delayed or accelerated, then the buyer is obliged to pay the costs involved.
Hacktic Computer Products has the right to charge extra hours if delivery is delayed by circumstances not attributable to him.
Hacktic Computer Products is not until later delivery of products delivered once held by him if these products or its suppliers have been taken out of production or for any other reason in its sales program expired.
The buyer is obliged to supply the goods to accept. Failing this, the expense and risk of the buyer saved.
If the buyer despite summons cases within three weeks thereafter has not collected by Hacktic Computer Products to provide storage, has Hacktic Computer Products the right things at its option, privately or publicly to sell the original purchaser liable for any loss account. The original purchaser is always held to the cost of the aforementioned storage and Hacktic Computer Products made by (additional) shipping and handling to compensate.
Exceeding a delivery date, the buyer never be entitled to any damages against Hacktic Computer Products.
Article 7 COOLING PERIOD
After the customer his / her product is received, the client has the authority within seven (7) days after receiving the product, the agreement with Computer Products Hacktic cancel. The customer is no reason to give up.
If the customer agreement pursuant to Article 7.1 of those intending to dissolve the customer in writing (via e-mail, letter or fax) to report Hacktic Computer Products. The customer needs the product - after consultation with Hacktic Computer Products - send it to a fixed return address Hacktic Computer Products. The customer must in this case to the cost and risk for shipment.
If the customer has already made payments at the time the customer agreement with article 7.1 Hacktic Computer Products. and 7.2 of these Conditions of Sale has not revoked, will Hacktic Computer Products such payments within fourteen (14) days after Hacktic Computer Products by the customer returned product has received to reimburse the customer.
Hacktic Computer Products reserves the right to return products or to take only a portion of the amount already paid by credit where it is suspected that the product has been opened, used or fault of the customer (other than Hacktic Computer Products or supplier of the product) is damaged.
If a product is returned in the opinion of Hacktic Computer Products damaged by an act or omission by the customer due or is otherwise at risk of the customer, will Hacktic Computer Products Customer in writing (fax, letter or e-mail) set. Hacktic Computer Products has the right to change the value of the product as a result of this damage from the client paid the amount due.
Article 8 TEST ARRANGEMENTS
If required by buyer is required, a test facility to be placed on the following conditions.
Under this test facility is defined as the place to view product in standard version with a gross list price of not more than € 5.000, - excluding VAT and relevant accessories, in a buyer by the space made available for the purpose of the work or construction, for which the principal interest, visualize.
Hacktic Computer Products will immediately after the test assembly is inserted, the catalog value of the entire test setup, plus sales tax to the buyer fee. This invoice will be credited after recovering the goods. Transportation, vice versa, and any assembly costs will not be charged separately, neither did after termination of the test environment.
In the event that the buyer wishes to retain the products, he will write to inform Hacktic Computer Products and in Article 8 paragraph 3 shall be paid according to invoice payment terms.
A test facility will unless otherwise agreed no longer than 8 days duration.
The buyer in respect of a test facility liability for use, damage, theft or loss of products up to the gross list price of the products.
Article 9 PAYMENTS
Payment shall, unless otherwise agreed in writing, be paid in cash to the actual delivery of the goods or after performing the agreed services. In case Hacktic Computer Products a bill forward, the payment for goods and / or services to take place at the (post-) bank account Hacktic Computer Products as stated on the invoice, within fourteen days after the invoice date unless agreed otherwise.
Hacktic Computer Products is entitled to invoice amount (excluding VAT) plus a so-called credit restriction surcharge of 2% on that amount. For payments within the article. 9.1 deadline, the buyer has the amount deducted to do stretching on the invoice amount (excluding VAT).
If Hacktic Computer Products granted rebates to the buyer, the buyer is entitled to this discount deductions do object to the price, unless payment not timely made and / or open invoices.
By the purchaser Payments made to settle interest and costs then due invoices which the longest, even though the buyer stated that the payment relates to a later invoice.
If the buyer cash to the invoice due date, there has without notice Hacktic Computer Products of interest of 2% over the outstanding amount per month, one month in payment for an entire month.
If the buyer the amount payable by him within the prescribed period paid Hacktic Computer Products for collection of the claim by judicial or other means has been transferred, the buyer is obliged to Hacktic Computer Products to pay an indemnity for any costs incurred pursuant the collection rate of the Dutch Bar Association, but with a minimum of € 125, - per invoice.
Late payment Hacktic Computer Products provides a right for its part, its performance under this and / or other agreements with the buyer to suspend or dissolve, without the buyer is entitled to damages or rescission of the contract and without prejudice Hacktic of Computer Products at a possible loss of profits and other consequential damages.
Hacktic Computer Products is always entitled to require the buyer sufficient security for the payment of the Hacktic Computer Products to be done, and another one on a Hacktic Computer Products to give way.
The buyer is not permitted to apply set-off.
Dealt with complaints and / or warranty claims no right to delay payment or partial payment.
Bills under charging discount costs only after prior agreement and only for the purpose of payment accepted. Hacktic Computer Products does not guarantee the timely provision of the bills.
Cheques, drafts and foreign currency are only valid as payment after their redemption.
Hacktic Computer Products is to none of her buyers in an account relationship.
Article 10 OWNERSHIP AND PLEDGE
The ownership of the goods supplied by Hacktic Computer Products expressly reserved until full payment, including reimbursement of all costs and interest, including previous and later deliveries and services, and damage claims for failure to comply has occurred.
It is the buyer is not free without the written permission of Hacktic Computer Products to alienate the business before, rent, use or removal out of his company to move, pledge or otherwise transfer concerns.
The buyer is obliged at the request of the first cases to Hacktic Computer Products Computer Products Hacktic available to, and has now irrevocably grants permission to whether Hacktic Computer Products Computer Products Hacktic by designated persons, the place where the goods are, in order to enter the business with you.
Hacktic Computer Products provided pursuant to subsection 1 to the buyer ownership of the items listed when the buyer all its obligations, but subject to the lien of Hacktic Computer Products for other appealed corpses Hacktic Computer Products of buyer. The buyer will first request Hacktic Computer Products, assist with operations in that context is required, under penalty of a fine of € 500, - for each day that allows the buyer fails.
Goods or parts thereof, made pursuant to a warranty repair or replacement job, or are retained ownership of Hacktic Computer Products in full satisfaction of all that Hacktic Computer Products of the buyer to claim has occurred.
Article 11 PUBLICITY
Complaints in general and complaints about invoices must be made within eight days of receipt of goods or invoice, or within eight days after any defect in the goods is discovered or detected should be written with a proper description of the complaint Computer Products Hacktic be made known. After the expiry of this period, Hacktic Computer Products deemed to be correct fulfilled its obligations, and it is assumed that the buyer accepts goods or invoices as correct.
Complaints to the buyer never have the right to suspend payments.
If an advertising Hacktic Computer Products is justified, Hacktic Computer Products has the right at its option:
- To revise the invoice and the invoice amount should be adjusted;
- Either to replace one thing with the same specifications with the replaced or repaired goods or parts to be issued Hacktic Computer Products;
- Either to take back the agreement, including reimbursement of the invoice amount paid by the buyer without any compensation being due.
Complaints regarding matters pertaining to a consignment does not affect previous and subsequent installments as part of the same order.
Minor, commercially or technically unavoidable deviations and differences in quality, color, size or finish, no grounds for claims with yield.
The buyer must, where appropriate Hacktic Computer Products immediate opportunity to repair any defects.
Any return of property or the buyer's expense and risk of the buyer.Hacktic Computer Products will accept returned goods only if and insofar as they are with such return prior written consent and then only if these issues by Hacktic Computer Products to the address delivered in the original packaging and in the condition Hacktic Computer Products this delivered the goods to the buyer.
Software whose seal is broken, can never be returned.
Article 12 WARRANTY
Hacktic Computer Products guarantees the quality of its knowledge and ability to the best services and the relevance and quality of goods supplied by it, except that the guarantee does not go beyond the provisions listed below .
On a repair is performed three months warranty. On the supplied goods are guaranteed for 12 months unless otherwise agreed in writing.
If the buyer to Hacktic Computer Products one has contracted to repair and issued case within three months after the issue date, paying the due examination or repair amount has been collected shall be deemed to have waived the repaired Case submitted for Hacktic Computer Products. The buyer may or Hacktic Computer Products harmless from any claims by third parties relating to this matter.
By the purchaser within the warranty proven and Hacktic Computer Products culpable errors, defects or imperfections - if falling in this article guarantee - be borne by Hacktic Computer Products as soon as possible repaired, replaced or returned for a credit.
On combined product and parts, consumer goods or to give Hacktic Computer Products warranty, unless a written guarantee promised.
The buyer must repair or replacement of eligible cases at their own risk to deliver by Hacktic Computer Products to the address on behalf of Hacktic Computer Products, stating in a Hacktic Computer Products to request RMA .
For cases other than a Hacktic Computer Products enclosed certificate of guarantee, if different from the conditions laid down in this, in that condition.
The purchaser can not rely on the warranty if:
- The buyer has neglected
- • the purchaser has made changes to the business or has to leave the market including repairs are not performed by or on behalf Hacktic Computer Products are made
- By improper or careless use, incorrect connection, wrong voltage, lightning, damaged by exposure to humidity or other external causes or disasters.
- The unit in the usual manual or in the manner described is maintained
- The device is used with unsuitable or wrong accessories
- The goods if the buyer has otherwise negligent treatment.
If buyer does not, not properly, or not timely comply with any obligation arising from the continued Hacktic Computer Products of agreement (s), then the buyer is not obliged to guarantee.
Article 13 trademarks K
The trademarks or trade name or the type or identification numbers or marks, on the Hacktic Computer Products delivered goods made may not be removed, damaged or altered.
Article 14 LIABILITY
Hacktic Computer Products, or third parties that it obtains for the creation or execution of any agreement, be liable for any damages arising from and related to the agreement, which Buyer or any holding it by the implementation of the agreement the third was suffer directly or indirectly, regardless of the cause.
Notwithstanding the foregoing Hacktic Computer Products shall never be liable:
- Failure or late delivery;
- For data in brochures, catalogs, advertising material, offers, etc.;
- In case of non-attributable shortcoming (force majeure), referred to in Article 15;
- If the buyer or third provided the repairs, it changes, this is used for purposes other than for which it is suitable or intended, delivered the overloaded and otherwise inappropriate use;
- The property of third parties which are in respect of repair, storage or for whatever reason in Hacktic Computer Products's premises are located;
- For business and / or consequential damages, from any cause whatsoever;
- For damage caused by intent or gross negligence of servants;
- For damage caused by software supplied;
- For any damages resulting from lost data and recorded on magnetic media;
- For damage caused by the use of a modem connected to the telephone network including the loss of data, theft of data, incorrect transmission of data, corruption of data or other files, and the telephone lines remain open.
If Hacktic Computer Products in any case, despite the above, is liable for any damages, accepted Hacktic Computer Products liability only to the extent such liability is covered by her insurance, the amount of the insurance compensation.
If the insurance in any case to pay out, Hacktic Computer Products is never liable for more than the invoice amount for the agreement.
The buyer will Hacktic Computer Products harmless from all claims of third parties Hacktic Computer Products.
The conditions included in these exclusions or limitations of liability do not apply where the damage results from intent or gross negligence of Hacktic Computer Products or its managerial staff.
Article 15 NIET-TOERE KNOWN DEFICIENCIES
Hacktic Computer Products is not responsible, if and when she can not be met by force majeure.
Force majeure comprehends any strange reason, and any circumstance which in all fairness she can not be held responsible. Delay or failure by our suppliers, shipping problems, strikes, government measures, supply delay, negligence by suppliers and / or manufacturers of Hacktic Computer Products as well as from individuals, staff sickness, defects in appliance or shipment tools count explicitly as force majeure.
Hacktic Computer Products In case of force majeure the right to suspend its obligations.Hacktic Computer Products is also entitled to wholly or partly, or to claim that the contents of the agreement is amended to enable performance. In no event shall Computer Products Hacktic account to pay any penalty or damages. Hacktic Computer Products reserves the right to payment for work already performed and costs incurred.
Hacktic Computer Products has no powers to suspend performance is permanently impossible or if the temporary inability continues for more than six months. In these cases the contract by either party be dissolved without the purchaser is entitled to compensation for any damage.
DISSOLUTION Article 16
If the purchaser obligations Hacktic Computer Products not timely or properly comply with, and if bankruptcy is / is claimed he is declared bankrupt, he applies for a moratorium, or to its creditors or a portion of them, an arrangement or a composition, in addition to attachment of its assets or any part thereof, or he sale or liquidation of its business is about, and in case of death, receivership, or if he otherwise the management or the running of their company, business or a part thereof, the buyer is in default and any claim that Hacktic Computer Products dependents or obtained, immediately due and payable without any formal notification is required.
In the cases mentioned under 1, Hacktic Computer Products has the right, without notice, for its part, the further implementation of the agreement or to suspend in whole or in part.
Hacktic Computer Products is authorized at all times then to claim damages from the buyer and take back the goods delivered.
If the buyer wishes to cancel the contract, he will first always Hacktic Computer Products written in default and set a reasonable term to fulfill its obligations, or failures to repair the deficiencies buyer should carefully written describe.
The buyer has no right to dissolve or partially dissolve or to suspend its obligations, if he was already in default with the fulfillment of his obligations.
In case of partial termination, the purchaser is not entitled to cancellation of existing services provided by Hacktic Computer Products, Computer Products Hacktic and has full right to payment for work performed by it already.
Article 17 CONSUMER nHeading
In the case of a consumer is the following phrases or not, art. 9 paragraph 5 (ditto), art. 9 members 7 and 8, Art. 14 g sub paragraph 2, Art. 16 paragraph 2 (as far as the power to dissolve Hacktic Computer Products in question), Art. 18 paragraph 2 (supplemented with:"The buyer has the right within one month after Hacktic Computer Products has written to the provisions of paragraph 2 has been invoked to choose the competent court according to law.").
Article 18 APPLICABLE LAW / JURISDICTION
All agreements are subject to Dutch law.
Disputes arising from an agreement between Hacktic Computer Products and copper, which can not be resolved by mutual agreement, the competent court within the district of Rotterdam knowledge unless Hacktic Computer Products prefers to give the difference to the jurisdiction of the residence of the buyer to submit, with the exception of those disputes that fall under the jurisdiction of a magistrate.
Article 19 JKE INVALID IN PART
If one or more provisions of an agreement between Hacktic Computer Products buyer and would prove to be ineffective, then the remaining provisions of this agreement between the parties.
Parties commit themselves to the non-binding provisions with such provisions, which are binding and minimize - to the purpose and intent of this Agreement - differ from the non-mandatory.