General delivery conditions Hanna Instruments bv
When the terms and conditions refer to the Supplier, this means: Hanna Instruments bv. Other party: any (legal) person who wishes to conclude or has concluded an agreement with the Supplier. The applicability of General Terms and Conditions used by the other party is expressly excluded.
Every offer is valid for 30 days, is without obligation and does not bind the Supplier. The price lists, brochures and other information provided with an offer are stated as accurately as possible; these are only binding on the Supplier if this has been expressly confirmed in writing. Mentioned prices only apply to the quantities offered. The Supplier can only be bound in writing by a person authorized to do so. Each order transferred binds the customer, but only binds us after written confirmation. The Supplier is authorized to engage third parties for the correct execution of the agreement.
Unless a binding offer period applies, each quotation is without obligation. Prices are ex. VAT, ex. Assembly and ex. Commissioning. Legally permitted price and exchange rate changes of more than 2% are reserved.
4. Delivery, transportation and delivery time
Deliveries are never made carriage paid. Transport and administration costs are always charged. Visible defects and/or damage to the delivered goods must be reported in writing to the Supplier within 24 hours after delivery, failing which the Supplier is entitled not to handle complaints in this regard. Delivery times are always approximate; exceeding this will never result in compensation. The mode of transport is determined by the Supplier as a good merchant and is in principle at the risk of the Supplier. Only durable packaging can be taken back by the Supplier at cost price, provided this was stipulated separately on the delivery document and provided the packaging is in good usable condition.
5. Force majeure
In the event of force majeure, the Supplier has the right to suspend the agreement or to make an arrangement in consultation with the other party.
The supplier guarantees the soundness of the materials used for new products for a period of 2 years after delivery, for consumables (such as electrodes) 6 months after delivery, unless otherwise agreed. Goods that qualify for warranty work must be sent to the Supplier carriage paid. In principle, warranty work takes place within the Supplier's company (service department) during normal working hours. If the work has to be performed elsewhere, the Supplier is entitled to charge travel and accommodation costs, even if the warranty claims are granted. All warranty claims lapse if the other party itself makes changes or repairs to the delivered goods or has them carried out or does not use the delivered products accurately according to the supplied (factory) instructions or treats/uses them improperly in any other way and /or used for purposes other than its original purpose. These warranty conditions do not apply to consumables. Non-compliance by the other party with one of its obligations releases the Supplier from its warranty obligations. Compliance with the warranty obligation applies as sole and full compensation.
7. Right of retention
The Supplier has the right of retention for the account of the other party on all goods which are held by or on behalf of the other party under the Supplier, regardless of the cause, as long as it has not fulfilled all its obligations towards the Supplier.
8. Liability and Complaints
Subject to mandatory legal provisions, the Supplier is not obliged to pay any compensation for damage, either to the other party or to third parties. Any use of our goods by the other party takes place exclusively at the risk and responsibility of the other party. Activities by the Supplier, without being stated in the order, are at the risk of the other party. Any liability of the Supplier is at all times limited to damage resulting from hidden defects and is at all times limited to the amount reimbursed by the Supplier's liability insurance. The liability is at all times limited to the net invoice value of the delivered goods, respectively limited to the sum insured under the Supplier's liability insurance. Compliance with the applicable warranty obligations and/or payment of the established damage by the Supplier or its insurer is regarded as sole and full compensation. for the other, the other party indemnifies the Supplier expressly and completely. Any complaints about the invoices must be communicated to the supplier by registered letter, stating reasons, within 8 calendar days after receipt of the invoice. (The complaints stated here must be limited to the invoices, since it has already been stated under point 6 that complaints about delivered goods must be reported within 24 hours.
9. Proprietary Rights
All intellectual property rights regarding documentation, drawings, software, etc. are expressly reserved by the Supplier. In the unlikely event that a good sold by the Supplier infringes a right of a third party, and the other party is held accountable for this, the other party is obliged to immediately inform the Supplier of this. All goods delivered by the Supplier will remain until full payment of all that which the other party, on whatever basis, owes to the Supplier, including future claims against the other party, including interest and costs (and in the case of a current account, delivery is made until the time of settlement of any balance payable by the other party) the property of the Supplier
Unless otherwise agreed, payment must be made net in cash upon delivery or delivery, or by deposit or transfer to a bank or giro account designated by the Supplier, within 30 days of the invoice date. Settlement of interest and costs owed is primary. In the event of non-payment, a default interest of 12% per year is due by operation of law and without notice of default, as well as a fixed compensation equal to 10% of the outstanding balance. All collection costs, including the costs of collection and/or the costs and fees of lawyers, are always at the expense of the negligent other party.
All disputes and disputes to which an agreement with the supplier could give rise, fall under the exclusive jurisdiction of the Belgian courts of the district where the registered office of Hanna Instruments bv is located. Only Belgian law applies to agreements with the supplier.
12. Assembly and installation work
These conditions apply in addition to and in addition to the above conditions and will be sent to you upon request.