Terms & Conditions Havantec

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Applicability

Article 1

These general terms and conditions shall apply to all quotations and agreements issued or concluded by Havantec Food Equipment B.V., with registered office in Oirschot, and place of business at 5688 XG Oirschot, Den Uitvanck 16, registered with the trade register of the Chamber of Commerce under file number 71996192, hereinafter to be referred to as: Havantec Food Equipment.
Any General Terms and Conditions of the other party are expressly rejected.
In these General Terms and Conditions, the term ‘other party’ shall be understood to mean any (legal) person who concludes or has concluded an agreement with Havantec Food Equipment, and in addition to this person, their representative(s) and successor(s) in title.
These General Terms and Conditions apply to all subsequent offers and agreements, issued or concluded with the same other party, regardless of whether they are related to or follow offers already made or agreements concluded.
Deviating or additional provisions can only be agreed upon in writing.
If one or more provisions of these General Terms and Conditions are not legally valid, the other provisions shall remain fully applicable.

Quotations

Article 2

All quotations of Havantec Food Equipment are without obligation unless explicitly stated otherwise; in that case, the quotation shall be valid for one month.
If no agreement is concluded, Havantec Food Equipment shall be entitled to reimbursement for all costs incurred in preparing the quotation from the person who requested it, unless agreed otherwise.
An agreement shall only be concluded if Havantec Food Equipment has confirmed in writing that it accepts the offer or the order of the other party. However, the parties may also prove that the agreement was concluded by other means.
The drawings, models, designs, calculations, samples, prospectuses, and the like provided by or on behalf of Havantec Food Equipment with the quotation remain the property of Havantec Food Equipment and must be returned immediately in case the agreement is not concluded. Havantec reserves all rights concerning intellectual property with respect to these items.
These documents may not be reproduced, disclosed, or made available to third parties in whole or in part without the express written permission of Havantec Food Equipment.
All prices quoted are exclusive of turnover tax unless explicitly stated otherwise.
The other party is responsible for the data, specifications, and calculations provided by them.
The other party indemnifies Havantec Food Equipment against all claims by third parties based on infringement of intellectual property rights arising from the data, models, and images provided by the other party which are filed against Havantec.
Havantec reserves the right to demand security from the other party before performing if necessary.

Price and price adjustment

Article 3

All agreed prices are exclusive of turnover tax.
Havantec reserves the right to increase agreed prices if changes in cost price factors occur after the agreement is concluded but before its execution.
Havantec shall notify the other party in writing if price adjustments are made. If the adjustment leads to a price difference of more than 10%, the other party may dissolve the agreement.
Unless explicitly agreed otherwise, all prices are indicated in Euros.
All prices are exclusive of transport or packaging costs unless otherwise agreed.

Delivery and risk

Article 4

Havantec determines the manner in which the agreement is executed unless otherwise agreed.
Delivery shall take place at the time and place stated in the quotation or order confirmation. The period starts when Havantec has all necessary information, permits, and instructions.
Havantec is entitled to deliver goods in stages, with each delivery invoiced separately.
Havantec reserves the right to deliver the goods earlier than the agreed time.
If the other party does not accept the goods on time or at the agreed place, they are in default, and Havantec may transport and store the goods at the expense and risk of the other party. Havantec shall be entitled to compensation of at least 10% of the net invoice amount, without prejudice to further claims.
If the goods are not accepted within two months, Havantec may dissolve the agreement and sell or take back the goods, and the other party owes compensation.
The risk of loss or damage to the goods transfers to the other party upon delivery.
Exceeding the delivery period does not entitle the other party to suspend its obligations.
Havantec is not liable for any delay in delivery.
The costs of delivery, including transport, insurance, and permits, are borne by the other party unless agreed otherwise.

Return shipments

Article 5

Return shipments of goods are only accepted after written permission from Havantec. These returns are at the expense and risk of the other party.

Retention of title

Article 6

Havantec retains title to the goods until the other party fulfills its obligations.
Payments made by the other party will first be allocated to non-retained goods.
Upon full payment, Havantec may retain a non-possessory pledge for security on current or future claims against the other party.
The other party is not permitted to transfer or encumber the goods before ownership transfers.
The other party must store the goods separately as the clear property of Havantec.
The other party may sell the goods in the course of its normal business, provided ownership is retained.
Havantec may repossess the goods if the other party fails to fulfill obligations.

Complaints/defects

Article 7

The other party must inspect the goods upon receipt for quality and quantity.
Complaints must be made within 24 hours of delivery or discovery, with an accurate statement of the issue.
If no complaint is made, the goods are deemed accepted.
Complaints do not entitle the other party to suspend payment.
The other party remains obligated to accept and pay for ordered goods.
No claims can be made for defects if the goods have been resold.
If the goods were sold at a discount or as special offers, Havantec excludes liability for defects.
Goods must be available for inspection, and Havantec may repair or replace them at its discretion.

Warranty

Article 8

Havantec guarantees the soundness and agreed quality of the goods for 12 months for new machines and 3 months for second-hand machines.
Defects caused by improper handling or storage are not covered by the warranty.
If changes are made to the goods by the other party, the warranty lapses.
The warranty does not extend beyond new parts; labor costs are not included.

Liability

Article 9

Havantec's liability for direct costs and damages is limited to the net invoice amount unless covered by insurance.
Havantec is not liable for indirect costs and damages.

Force majeure

Article 10

Havantec may suspend or dissolve agreements in case of force majeure.
Force majeure includes unforeseen disruptions, war, strikes, and non-compliance by third parties.

Payment

Article 11

Payments must be made within 30 days of the invoice date without any right to discount or set-off.
Havantec may require an advance payment.
If payment is not made on time, the other party is in default, and interest may be charged.