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General conditions

GENERAL CONDITIONS OF SALE AND DELIVERY

Hacom Trading BV Filed with the Chamber of Commerce for Rotterdam under number 24489096.


Article 1: Applicability

1.1 In these general terms and conditions of sale and delivery, the term“Hacom” shall mean: Hacom Trading BV (Laanweg 5, 3208 LG Spijkenisse) or a company associated with it.Product” or “products” means: products offered or delivered by Hacom.

1.2 These terms and conditions apply to all offers and/or contracts made by Hacom to or entered into with third parties (hereinafter“the Customer“) as well as to the execution thereof.

1.3 These terms and conditions apply to the exclusion of any general terms and conditions applied by the (potential) Customer.

1.4 Clauses deviating from these terms and conditions can only be invoked by the Customer if and insofar as they have been accepted by Hacom in writing.

Article 2: Offers, orders and agreements

2.1 All offers made by Hacom are without obligation. Orders and acceptances of offers by the Customer are irrevocable.

2.2 Hacom is only bound when it has confirmed the order in writing or has begun execution.

2.3 Any inaccuracies in Hacom’s order confirmation must be reported to Hacom in writing within 3 days from the date of the order confirmation, failing which the order confirmation is deemed to accurately and completely reflect the contract.

2.4 Verbal promises or agreements by or with its personnel only bind Hacom if confirmed in writing.

2.5 These general terms and conditions shall apply in full to any amendments to the agreement.

Article 3: Conformity

3.1 All quotations by Hacom of properties, colors, quality and performance are made with care, but Hacom cannot guarantee minor deviations. The Customer must inspect the products upon receipt.

3.2 Images, descriptions, catalogs and information on the website do not bind Hacom.

3.3 It is up to the Customer to check whether the products comply with government regulations in the country of destination. Use is at the risk of the Customer.

Article 4: Intellectual Property

4.1 All intellectual property rights relating to the products, packaging and manuals belong to Hacom.

4.2 Use of trade names, trademarks and logos of Hacom is only permitted with express written permission.

4.3 The Customer is not permitted to remove or alter indications of rights (such as copyrights or trademarks) from the products.

Article 5: Prices

5.1 All prices are exclusive of VAT.

5.2 Hacom may charge a surcharge for administration or transport costs for small orders.

5.3 If cost price determining factors change after the offer, Hacom is entitled to adjust the prices.

Article 6: Delivery time and delivery

6.1 Stated delivery times are approximate and not deadlines. Exceeding them does not give the right to compensation.

6.2 The delivery time will be extended in case of change of working conditions or delay by suppliers.

6.3 Delivery takes place at the moment products are segregated for the Customer. From that moment on, the risk is for the Customer.

6.4 Hacom determines the method of packaging. Packaging material will not be taken back.

6.5 Transport shall take place at the Customer’s risk. The Customer shall provide sufficient loading and unloading facilities.

6.6 If a product is not available, Hacom may supply an equivalent product for the same price.

6.7 In the event of non-acceptance, products shall be stored at the expense and risk of the Customer.

6.8 Hacom is entitled to execute and invoice a contract in parts.

Article 7: Force Majeure

7.1 In the event of force majeure, Hacom may suspend performance without being liable for compensation.

7.2 Force majeure includes but is not limited to: war, strike, fire, illness of personnel, transport stagnation and third party failures.

7.3 If the force majeure lasts longer than 12 weeks, both parties may dissolve the contract for the non-performing part.

Article 8: Defects and advertising

8.1 Hacom guarantees the soundness of the products. In the event of manufacturing defects, Hacom will replace or apply a price reduction at its discretion. The warranty is limited to the term of the supplier (max. 8 months).

8.2 No warranty applies to:

  • Normal wear and tear;
  • Failure to follow instructions;
  • Improper use or storage;
  • Use in other than original condition.

8.3 The Customer shall inspect products immediately upon receipt.

8.4 Transportation damage or shortages must be noted immediately on the bill of lading.

8.5 Complaints must be reported in writing within 14 days of discovery.

8.6 Return shipments are permitted only after written consent and shall be at the expense and risk of the Customer.

Article 9: Retention of title

9.1 All delivered products remain the property of Hacom until all receivables (including penalties/interest) are paid in full.

9.2 In the event of non-payment, Hacom may take back the products at the Customer’s expense.

9.3 Unpaid products may not be pledged.

Article 10: Payment

10.1 Payment must be made within 30 days of the invoice date.

10.2 Hacom may always require advance payment or security.

10.3 In case of late payment, interest of 1.5% per month shall be due.

10.4 Collection costs are a minimum of 15% of the invoice amount (minimum €250).

10.5 Offsetting by the Customer is not permitted.

Article 11: Cancellation

11.1 The Customer may not cancel an order. Upon cancellation, the Customer shall owe all costs incurred and loss of profit (plus VAT).

Article 12: Consulting

12.1 All advice and statements are non-binding and without obligation. Hacom is not liable for damages resulting from advice.

Article 13: Liability

13.1 Hacom’s liability is limited to the warranty provisions in Clause 8. Indirect damages (consequential damages, lost profits) are excluded.

13.2 Hacom is not liable for damage caused by improper use or overpacking of products.

13.3 The total compensation is limited to the invoice value with a maximum of €15,000.

13.4 The Customer shall indemnify Hacom against all third party claims.

Article 14: Representation

14.1 If the Customer acts on behalf of others, he himself remains jointly and severally liable to Hacom.

Article 15: Final provisions

15.1 If any provision is void, the remaining provisions shall remain in force.

15.2 Only Dutch law shall apply.

15.3 The Vienna Sales Convention is expressly excluded.

15.4 Disputes shall be settled by the competent court in the district of The Hague.

Version October 2010

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