General Terms and Conditions – ELEQ B.V.
1. Applicability
1.1 These General Terms and Conditions apply to all quotations, offers, agreements and related deliveries and services of ELEQ B.V., established in Steenwijk, the Netherlands.
1.2 All deliveries, works and agreements are subject to the Orgalim SI 24 – General Conditions for the Supply and Installation of Mechanical, Electrical and Electronic Products. The full version of these conditions can be viewed and downloaded here: General conditions for the supply and installation of mechanical, electrical and electronic products
1.3 By entering into an agreement with ELEQ, the counterparty (hereinafter: the Customer) accepts these General Terms and Conditions and the referenced Orgalim SI 24 conditions.
2. Definitions
2.1 Customer: the natural or legal person entering into an agreement with ELEQ.
2.2 Products/Services: all goods, equipment, systems and related services supplied by ELEQ, including installation, assembly and maintenance.
3. Deviations
3.1 Any general terms and conditions of the Customer are expressly rejected unless explicitly agreed in writing by ELEQ.
3.2 Deviations from these terms are only valid if confirmed in writing by ELEQ.
4. Quotations and Conclusion of Agreement
4.1 All quotations are non-binding unless explicitly stated otherwise.
4.2 An agreement is concluded once ELEQ has confirmed the order in writing or has commenced performance.
5. Delivery and Installation
5.1 Delivery and installation shall be performed in accordance with the Orgalim SI 24 conditions.
5.2 Delivery times are indicative unless expressly agreed otherwise in writing.
6. Prices and Payment
6.1 All prices are exclusive of VAT and other applicable taxes unless stated otherwise.
6.2 Payment must be made within the term stated on the invoice. In case of late payment, the Customer shall be in default by operation of law.
7. Intellectual Property
7.1 All intellectual property rights relating to products, designs, documentation and software remain vested in ELEQ or its licensors.
8. Warranty and Liability
8.1 Warranty and liability are governed by the provisions set out in the Orgalim SI 24 conditions.
8.2 ELEQ shall not be liable for indirect or consequential damages, except in cases of wilful misconduct or gross negligence.
9. Confidentiality
9.1 Both parties undertake to treat confidential information obtained in connection with the agreement as strictly confidential.
10. Governing Law and Disputes
10.1 These General Terms and Conditions and all agreements are governed exclusively by Dutch law.
10.2 Disputes shall be submitted to the competent court in the Netherlands.