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1.1 These general terms and conditions apply to all offers and agreements between Remote Engineer B.V., and the buyer, of any nature whatsoever, as well as to the resulting obligations. Deviations can only be made in writing with Remote Engineer B.V. to be agreed.
1.2 The term “the buyer” in these Terms and Conditions is understood to mean the client or anyone who works with Remote Engineer B.V. enter into or want to enter into an agreement, or for whom Remote Engineer B.V. makes an offer or performs a delivery or performance, as well as its legal successors.
1.3 If Remote Engineer B.V. does not always require strict compliance with these conditions, this does not mean that these conditions would not apply or that Remote Engineer B.V. would lose the right to demand strict compliance with these conditions in future, whether or not similar.
1.4 If for any reason any provision of these general terms and conditions is not valid or applicable, these terms and conditions will remain in force for the rest.
1.5 Purchase and other conditions, which the customer declares applicable, binds Remote Engineer B.V. not unless written in writing by Remote Engineer B.V. have been accepted. Such acceptance may not be inferred from the fact that Remote Engineer B.V. a notice from the buyer that these are the conditions of Remote Engineer B.V. does not accept and declares its own terms and conditions applicable, without being challenged.0
2.1 All by Remote Engineer B.V. offers, quotations and quotations made, in whatever form, are without obligation and based on the data, designs, drawings and data derived therefrom.
2.2 An offer is only binding if this is done in writing by Remote Engineer B.V. stating a period during which the offer is open for acceptance.
2.3 By Remote Engineer B.V. price lists, brochures, printed matter, etc. provided are subject to change and do not count as an offer.
2.4 Remote Engineer B.V. reserves the right to refuse orders without stating reasons, to deliver cash on delivery, or to request payment in advance.
3.1 An agreement is established after Remote Engineer B.V. has confirmed an assignment in writing or after Remote Engineer B.V. the execution of the assignment has begun. The order confirmation is deemed to accurately and completely represent the agreement, unless the customer objects in writing within five working days.
3.2 For services / deliveries for which no order confirmation is sent due to the nature and / or scope, the invoice also counts as order confirmation. This is deemed to represent the agreement correctly and completely, unless the buyer protests without delay.
3.3 Additions and changes to an agreement are binding for Remote Engineer B.V. only insofar as they are carried out by Remote Engineer B.V. confirmed in writing.
3.4 Remote Engineer B.V. is authorized, if it deems this necessary or desirable, to engage third parties for the correct execution of the assignment given to it. The costs of this will be charged to the customer in accordance with the quotations provided.
4.1 In the event of additional work, this will automatically affect the agreed price and the agreed time of delivery. All this is for the account / risk of the buyer. In the event that a change in the agreed services and / or deliveries leads to less work and a reduction in the agreed price, Remote Engineer B.V. reserves the right to inform the buyer of the service provided by Remote Engineer B.V. costs already incurred, as well as the lost profit.
4.2 Additional work will, as far as possible, be carried out as early as possible, in any case before its implementation, by Remote Engineer B.V. be notified to the buyer in writing. The customer is deemed to have agreed to the implementation of the additional work referred to, with the associated costs and the adjusted delivery time, if necessary, unless the customer submits a written objection before the start of the additional work, but in any case within 5 days after the aforementioned. notification by Remote Engineer BV.
5.1 All prices and rates are in Euro currency and excluding VAT. With regard to orders up to € 650 excluding VAT, a surcharge of € 12.50 in handling and administration costs will be charged.
5.2 The prices are based on the prices, prices, wages, taxes, duties, charges, etc. existing during the offer. In the event of an increase in one or more of the cost price factors, Remote Engineer B.V. entitled to increase the price accordingly. Such a price increase does not give the customer the right to terminate the agreement.
5.3 In the case of an agreement in which there are periodic amounts that fall due, Remote Engineer B.V. is entitled to adjust the prices and rates by means of a written notification and with due observance of a period of three months. If the buyer does not agree with the changed prices and / or rates, he is entitled to cancel the agreement in writing within seven (7) days after receipt of said notification, against the date stated in the notification that the price or rate change would take effect.
6.1 Complaints only concern complaints about damage to the packaging of sent goods or the absence of packages that are stated on the carrier’s sign-off list.
6.2 The buyer is obliged to check every shipment immediately upon delivery for defects, such as damage and / or incompleteness. In the event of damage or lack of packages, this must always be immediately noted on the carrier’s sign-off list and reported to Remote Engineer BV If the damage or missing packages is found after delivery, this must still be done within a period of be notified to the carrier within five working days. The complaint must be accompanied by a statement of the delivery or invoice number under which the shipment was sent.
6.3 After signing for receipt, the buyer is deemed to have approved the shipment.
6.4 If and insofar as the complaint by Remote Engineer B.V. If it is found justified, Remote Engineer B.V. will, at its own discretion and within a reasonable period of time, either repair the defect or replace the defective goods, without the buyer being able to claim any compensation whatsoever. 6.5 The complaint does not relieve the customer of his payment obligations towards Remote Engineer B.V ..
7.1 Complaints about incorrect deliveries only concern complaints that can be found after the carrier’s signing list has been signed: damaged goods in the packages, the absence of ordered goods on the packing slip, or the sending of incorrect goods.
7.2 The buyer is obliged to check every shipment immediately upon delivery for defects, such as correct goods sent, damage and / or incompleteness. In the event of an incorrect delivery, this must be sent directly to Remote Engineer B.V. to be reported, but if not possible, within a period of five working days. The complaint must be accompanied by a statement of the delivery or invoice number under which the shipment was sent.
7.3 After the period referred to in paragraph 2 has expired, the customer is deemed to have approved the delivered goods. 7.4 If and insofar as the complaint by Remote Engineer B.V. If it is found justified, Remote Engineer B.V. will, at its own discretion and within a reasonable period of time, either repair the defect or replace the defective goods, without the buyer being able to claim any compensation whatsoever.
7.5 Returning the wrongly delivered item can only take place after prior written permission from Remote Engineer B.V. and with due observance of the latest version of the RMA conditions which the customer will be sent upon first request.
7.6 The complaint does not relieve the customer of his payment obligations towards Remote Engineer B.V ..
8.1 Unless otherwise agreed in writing, payment must be made by deposit or transfer to a by Remote Engineer B.V. designated bank or giro account within 14 days after the invoice date. The on the bank / giro statements of Remote Engineer B.V. value date stated is considered to be the day of payment.
8.2 Unless explicitly agreed otherwise in writing, payment will be made without settlement or suspension for whatever reason.
8.3 Everything the customer pays serves firstly to settle the interest owed and / or (General collection) costs and then to settle the oldest outstanding invoices.
8.4 If the customer does not pay the amounts due within the agreed period, the customer will be in default by operation of law and Remote Engineer BV, without prejudice to its other rights, has the right, at its option, to pay interest to the customer over the entire amount due. charge, which is the statutory interest rate applicable at that time, plus a surcharge of 3% on an annual basis. This interest will be calculated from the due date of the invoice in question up to and including the date of full payment. In addition, all extrajudicial and judicial collection costs to be incurred are for the account of the customer. The amount of the Remote Engineer B.V. owed extrajudicial collection costs are calculated in accordance with the collection rate of the Netherlands Bar Association, as determined from time to time, with a minimum of € 340. 8.5 If Remote Engineer B.V. for this reason, Remote Engineer B.V. require further security, failing which it may suspend the performance of the agreement.
8.5 For new clients, the first three orders are delivered cash on delivery. The COD costs are € 16 per shipment. As long as Remote Engineer B.V. has not allowed a credit limit, it will only be delivered cash on delivery. Within the framework of Remote Engineer B.V. permitted credit limit, payment must be credited within 14 days of the invoice date.
9.1 All goods delivered to the buyer remain the property of Remote Engineer B.V. up to the moment of full payment of all amounts, including any interest and costs, that the buyer owes for the goods delivered or to be delivered under the agreement or services performed or still to be provided, as well as for claims for failure in the fulfillment of said agreement.
9.2 The buyer is obliged to take care of the careful handling of the goods and lacks the right to encumber and / or lend the delivered goods other than after written permission from Remote Engineer BV and / or to establish a (silent) pledge on this, as long as the customer does not fully fulfill his obligations towards Remote Engineer BV has met.
9.3 In the case of Remote Engineer B.V. the order is wholly or partially dissolved, it is entitled to take back the part that has remained unpaid. Dissolution and / or take back leaves the right of Remote Engineer B.V. on compensation.
10.1 All by Remote Engineer B.V. said (delivery) periods are given approximately and are determined on the basis of the data and circumstances that were entered into at the time of entering into the agreement with Remote Engineer B.V. were known. Specified delivery times will never be regarded as a deadline. If a change in the data and / or circumstances, irrespective of their foreseeability, results in a delay, the delivery date will be delayed accordingly, without prejudice to the provisions below regarding force majeure. In the event of late delivery, Remote Engineer B.V. be given written notice of default, whereby it must still be offered a reasonable period for delivery.
10.2 Exceeding the requirements of Remote Engineer B.V. specified delivery times, for whatever reason, never entitle the buyer to compensation or non-compliance with any obligation of him under the relevant agreement or a related agreement.
10.3 Orders can only be canceled after written confirmation from Remote Engineer B.V ..
11.1 Unless otherwise agreed in writing, delivery takes place ex warehouse Remote Engineer B.V. To cover the costs involved, Remote Engineer brings B.V. € 12.50 for each assignment. From the moment of delivery, all risks of loss, decay, damage, etc., regardless of the cause, are transferred to the customer.
11.2 If it has been agreed that the services and / or deliveries will take place in phases, Remote Engineer B.V. postpone the services and / or deliveries of the following phases until the customer has approved the completion of the previous phase in writing and has met all his (financial) obligations regarding partial delivery. In the case of partial deliveries, Remote Engineer B.V. entitled to invoice them separately.
11.3 If after expiry of the delivery time the goods are available to the buyer but are not taken by him, then the goods are stored at his disposal for his account and risk.
12.1 Remote Engineer B.V. determines the method of transport, shipping, packaging and the like. Shipping / transport of goods always takes place at the expense and risk of the buyer. Remote Engineer B.V. is only obliged to take out (transport) insurance if and insofar as Remote Engineer B.V. has committed to this in writing.
13.1 The following provisions apply – in particular – if Remote Engineer B.V. software supplies.
13.2 The ownership of and all intellectual property rights with regard to the software products and the underlying source code remain at all times with the suppliers of Remote Engineer B.V., unless expressly agreed otherwise in writing. The customer will neither remove nor change any of the distinguishing marks with regard to the intellectual property rights of the entitled party.
14.1 If Remote Engineer B.V. due to force majeure of a permanent or temporary nature is prevented from (further) executing the agreement, Remote Engineer B.V. entitled to dissolve the agreement in whole or in part without any obligation to pay compensation by means of a written notice to that effect without judicial intervention, reduced the right of Remote Engineer B.V. on payment by the customer for already by Remote Engineer B.V. performance, before the situation of force majeure occurred, or to suspend the (further) execution of the agreement. In the event of suspension, Remote Engineer B.V. are still entitled to dissolve the agreement in whole or in part.
14.2 Force majeure includes all circumstances, as a result of which Remote Engineer B.V. is temporarily or permanently unable to meet its obligations, such as a strike, transport difficulties, fire, government measures, including at least import and export prohibitions, quotas and business disruptions at its or its suppliers, as well as shortcomings by its suppliers, causing Remote Engineer B.V. cannot reasonably fulfill its obligations to the buyer (anymore).
15.1 Subject to the provisions of 15.5, Remote Engineer guarantees B.V. the goods delivered by it against material and manufacturing defects in accordance with the latest version of the RMA Conditions, which the customer will be sent upon first request. The guarantee only means that Remote Engineer B.V. will, to the best of its ability, correct these errors or replace the goods, at the discretion and discretion of Remote Engineer B.V .. Consumables such as toners, cartridges, disc packs and memory carriers are not replaced. Products or parts thereof that are replaced under this warranty become the property of Remote Engineer B.V. Defects must be submitted in writing to Remote Engineer B.V. to be reported in order to be processed. Recovery of lost data is not covered by the warranty.
15.2The warranty does not apply if the errors are wholly or partly the result of incorrect, careless or improper use, use for purposes other than normal (business) purposes, external causes such as fire or water damage, or if the goods by others than Remote Engineer BV have been changed or are being maintained.
15.3 Unless otherwise agreed, the following applies with regard to the work done by Remote Engineer B.V. manufactured goods are the guarantee for a period of twelve months from the time of delivery.
15.4 Fulfillment of its guarantee obligations by Remote Engineer B.V., is the only and general compensation. Remote Engineer B.V. not held, nor is the customer entitled to a claim for termination of the agreement.
15.5 If the goods are delivered by Remote Engineer B.V. from a supplier, the warranty is limited to the applicable warranty conditions of the supplier. Remote Engineer B.V. will inform the customer at his request about the applicable provisions.
15.6 Remote Engineer B.V. will repair the goods outside the scope of the applicable warranty. be charged.
15.7 In the event of repair of defective goods under warranty, the buyer is obliged to return the goods at his own expense to a by Remote Engineer B.V. address to be specified.
16.1 Remote Engineer B.V. is never obliged to compensate for damage suffered directly or indirectly, arising from or arising from defects in the goods or services supplied or due to the non-performance, late or incorrect functioning of the goods and / or services to be delivered or delivered, except in case of intent or gross negligence on the part of Remote Engineer BV Any liability for business damage (business disruption, loss of income, etc.), data loss or reduction, and / or consequential damage, regardless of the cause, including delays in the delivery of goods and services, is explicitly excluded.
16.2 Remote Engineer B.V. is not liable for damage caused by its employees and / or third parties engaged by it to the customer or third parties, for whatever reason or for any reason whatsoever, except in the case of Remote Engineer B.V. attributable intent or gross negligence. Under no circumstances does the liability extend beyond the coverage of the services provided by Remote Engineer B.V. insurance taken out.
16.3
For damage of any nature whatsoever that has arisen or is caused by incorrect, careless or incompetent use, or by use for other than normal purposes by Remote Engineer B.V. delivered goods, is Remote Engineer B.V. not liable. 16.4 The buyer indemnifies Remote Engineer B.V. and its employees for claims by third parties for compensation for material and non-material damage, which is directly or indirectly caused by (use of) the work of Remote Engineer B.V. delivered, unless the damage is the result of intent / gross negligence of staff of Remote Engineer B.V. and / or third parties engaged by it.16.5 The liability of Remote Engineer B.V. under the agreement concluded with the buyer is limited under all circumstances to the invoice amount of the agreement excluding VAT.
17.1 The buyer is deemed to be in default by operation of law and the (remaining) debt will be immediately due and payable if: a. the buyer does not fulfill any obligation of the agreement, in particular payment, or fails to do so in time; b. Remote Engineer B.V. has good grounds to fear that the buyer will fail to meet its obligations and that it does not comply with a written warning stating those grounds for declaring itself ready to fulfill its obligations within a reasonable period set by that notice; c. the customer applies for his own bankruptcy, is declared bankrupt, proceeds to bankruptcy of the estate, submits a request for suspension of payment, or attachment is levied on all or part of his assets and this is not lifted within 10 days after seizure; d. the buyer proceeds or decides to strike or transfer his company or a significant part thereof, including the contribution of his company to a company to be established or already existing, or proceeds or decides to change the objective of his company or to dissolve ; e. of death, if the buyer is a natural person.
17.2 Remote Engineer B.V. is entitled in the 17.1 cases without any obligation to pay compensation and without prejudice to the rights it is entitled to, such as rights with regard to costs or interest that have already expired and the right to compensation and without notice of default or legal intervention being required for this: a. declare the agreement wholly or partially dissolved by means of a written notification to that effect to the buyer and / or b. only by the buyer to Remote Engineer B.V. the amount due immediately and in full and / or c. invoke the retention of title established under Article 8.
17.3 In the event that the agreement is terminated or dissolved in any way, the provisions regarding confidentiality, dissolution / termination, applicable law and disputes remain fully applicable.
18.1 The parties are mutually obliged to maintain complete confidentiality vis-à-vis third parties with regard to each other and to provide confidential (business) information. The customer is obliged to take measures to ensure that this confidentiality is observed by his employees. Article 19. General 19.1 The rights and / or obligations under an agreement to which these conditions apply are not transferable and not subject to assignment or the creation of a security right, subject to the prior consent of the other party.
19.1 The rights and / or obligations under an agreement to which these conditions apply cannot be transferred and can only be transferred with the prior consent of the other party or a security right can be established.
20.1 Dutch law applies exclusively to all agreements concluded between parties and resulting legal relationships. The applicability of the Vienna Sales Convention is expressly excluded.
20.2 All disputes arising from or in connection with the agreement to which these conditions apply or the relevant conditions themselves and its interpretation or implementation, will be settled by the competent court in Amsterdam or the competent court in the place of residence of the buyer, at its option from Remote Engineer BV, unless otherwise agreed.
20.3 Remote Engineer B.V. is entitled to change these general terms and conditions of sale, delivery and payment from time to time.20.1 Dutch law applies exclusively to all agreements concluded between parties and resulting legal relationships. The applicability of the Vienna Sales Convention is expressly excluded. 20.2 All disputes arising from or in connection with the agreement to which these conditions apply or the relevant conditions themselves and its interpretation or implementation, will be settled by the competent court in Amsterdam or the competent court in the place of residence of the buyer, at its option from Remote Engineer BV, unless otherwise agreed. 20.3 Remote Engineer B.V. is entitled to change these general terms and conditions of sale, delivery and payment from time to time.
