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No cure no pay
Years of experience
24 Month warranty

Terms and Conditions

Hardware Care (hereafter: Hardware Care) is registered with the Chamber of Commerce under number 71641696 and is located at 5253 CE in Nieuwkuijk. 

Note: these Terms and Conditions have been translated from Dutch. Although serious efforts have been taken to translate as correctly as possible but the original Dutch version remains leading.

The Dutch and leading variant can be downloaded here.

Article 1 - Definitions 

  1. In these general terms and conditions the following terms are used in the following sense unless expressly stated otherwise.
  2. Offer: any offer or quotation to the customer to perform services by Hardware Care.
  3. Company: the natural or legal person acting in the course of a profession or business.
  4. Consumer: the natural person not acting in the exercise of a profession or business. 
  5. Services: the services offered by Hardware Care are all services and work outside employment with the aim of creating and delivering a work of a material nature (repair/assembly of EMM of the client and/or performing maintenance at a price to be paid by the client in cash.
  6. Hardware Care: the service provider offering services to the client and providing products.
  7. Client: the natural or legal person acting in the course of a profession or business who Hardware Care has appointed, projects to Hardware Care Hardware Care for Services provided by Hardware Care performed, or to which Hardware Care has made a proposal pursuant to an Agreement. 
  8. Agreement: any agreement and other obligations between Customer and Hardware Care, as well as proposals of Hardware Care for services provided by Hardware Care provided to the customer and which are accepted by the customer and have been accepted and performed by Hardware Care with which these terms and conditions form an indissoluble whole.
  9. Products: the products supplied by Hardware Care offered are new and refurbished EMMs and related products.

Article 2 - Applicability. 

  1. These general terms and conditions apply to any offer of Hardware Care, every Agreement between Hardware Care and Customer and to any service provided by Hardware Care offered.
  2. Before an Agreement is concluded, the Client will be provided with these general terms and conditions. If this is not reasonably possible, Hardware Care indicate to the Customer in which way the Customer can inspect the general terms and conditions.
  3. Deviation from these general terms and conditions is not possible. In exceptional situations it is possible to deviate from the general terms and conditions as far as this is explicitly agreed upon in writing with Hardware Care is agreed upon. 
  4. These general terms and conditions also apply to additional, amended and follow-up assignments from the Client.
  5. The general terms and conditions of the Client are excluded.
  6. If one or more provisions of these general terms and conditions are partially or entirely void or nullified, the remaining provisions of these general terms and conditions shall remain in force, and the void/ nullified provision(s) shall be replaced by a provision with the same purport as the original provision.
  7. Uncertainties about the content, interpretation or situations not regulated in these general terms and conditions shall be assessed and explained in the spirit of these general terms and conditions.
  8. The applicability of Sections 7:404 and 7:407 (2) of the Civil Code is explicitly excluded.
  9. Where reference is made in these General Terms and Conditions to she/he/him, this should also be construed as a reference to he/him/his, if and to the extent applicable.
  10. In case Hardware Care has not always required compliance with these general terms and conditions, it retains its right to demand full or partial compliance with these general terms and conditions.

Article 3 - The Offer  

  1. All claims made by Hardware Care made by Hardware Care are without engagement, unless explicitly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the Offer. 
  2. Hardware Care is only bound to an Offer if it is confirmed by the Customer in writing within 14 days. Nevertheless Hardware Care has the right to terminate an agreement with a (potential) Customer at any time. Hardware Care justified reason.
  3. The offer contains a description of the Services offered. The description is sufficiently specified so that the Client is able to make a proper assessment of the offer. Any details in the offer are only indicative and cannot be grounds for any compensation or dissolution of the Agreement. 
  4. Offers or quotations do not automatically apply to follow-up orders.
  5. Delivery times in the offer of Hardware Care are in principle indicative and, if exceeded, do not entitle the Customer to dissolution or damages, unless expressly agreed otherwise.
  6. The Offer contains an accurate description of the Product offered with corresponding prices. The description is detailed enough to enable the Client to make a proper assessment of the Offer. Obvious mistakes or errors in the Offer can be avoided. Hardware Care not be binding. Any images and specific data in the Offer are only an indication and cannot be a ground for any compensation or dissolution of the Agreement (at a distance). Hardware Care cannot guarantee that the colors in the image exactly match the real colors of the Product.
  7. Delivery times and deadlines stated in the Offer of Hardware Care are indicative and, if exceeded, do not entitle the Customer to dissolution or damages, unless expressly agreed otherwise. 
  8. A composite quotation obliges Hardware Care not to deliver a part of the goods included in the offer or quotation at a part of the stated price. 
  9. If and insofar as there is an offer, this does not automatically apply to repeat orders. Offers are only valid until stocks last, and according to the 'on'-principle.

Article 4 - Establishment of the Agreement. 

  1. The Agreement is concluded at the moment the Customer receives an Offer or Agreement from Hardware Care. Hardware Care by sending a digitally signed copy to Hardware Care or by returning a repair order via the website, or by explicitly and unambiguously agreeing to the Offer by e-mail.
  2. Hardware Care has the right to revoke the (signed) Agreement within 5 working days after receipt of the acceptance. 
  3. Hardware Care is not bound to an Offer if the Customer could reasonably have expected or should have understood that the Offer contains an obvious mistake or clerical error. The Customer cannot derive any rights from this mistake or slip of the pen.
  4. If Client cancels an order already confirmed, the actual costs already incurred (including time spent) will be charged to Client.
  5. Any Agreement entered into with Hardware Care entered into or a project submitted by the Customer to Hardware Care awarded is vested in the company and not in any individual person working with Hardware Care associated.
  6. The right of withdrawal of Client being a Business is excluded, unless otherwise agreed. Client being a Consumer has the right of withdrawal during the statutory period of 14 days, unless Hardware Care has already commenced the Services with the consent of the Customer. Customer waives her right of withdrawal by means of this consent. 
  7. If the Agreement is entered into by more than one Principal, each Principal shall be individually jointly and severally liable for the fulfillment of all obligations arising from the Agreement.

Article 5 - Duration of the Agreement 

  1. The Agreement is entered into for a definite period and ends upon completion of the assignment. The duration of the assignment depends in part on external factors including, but not limited to, the quality and timely delivery of the information required by Hardware Care obtains from the Customer.
  2. Both Client and Hardware Care can dissolve the Agreement on the basis of an attributable failure in the fulfillment of the Agreement if the other party has been given a written notice of default and has been given a reasonable term to fulfill its obligations and still fails to properly fulfill its obligations. This also includes the Customer's payment and cooperation obligations.
  3. The dissolution of the Agreement shall not affect the Customer's payment obligations to the extent that Hardware Care has already carried out work or delivered performances at the time of dissolution. Customer shall pay the agreed compensation.
  4. In the event of early termination of the Agreement, the Customer shall owe the costs actually incurred up to that time by Hardware Care against the agreed (hourly) rate. The time registration of Hardware Care is leading in this matter.
  5. Both Client and Hardware Care may terminate the Agreement in whole or in part in writing with immediate effect without further notice of default in case one of the parties is in suspension of payment, bankruptcy is filed for or the relevant company ends by liquidation. If a situation as mentioned above occurs, Hardware Care is Hardware Care will never be held to restitution of already received monies and/or damages.  

Article 6 - Performance of services 

  1. Hardware Care will endeavor to perform the agreed service with the utmost care as may be expected of a good service provider. Hardware Care vouches for a professional and independent service. All Services are performed on the basis of an obligation to perform to the best of one's ability, unless a result is explicitly agreed upon in writing and described in detail. 
  2. The Agreement pursuant to which Hardware Care performs the Services is leading for the scope and extent of the Services. The Agreement will only be performed for the benefit of the Client. Third parties cannot derive any rights from the content of the Services performed in connection with the Agreement.
  3. The information and data provided by the Customer are the basis on which the information and data provided by Hardware Care Services offered and prices are based on. Hardware Care has the right to adjust its Services and its prices if the information provided turns out to be incorrect and/or incomplete. 
  4. In performing the Services Hardware Care not obliged or bound to follow the instructions of the Customer if this changes the content or scope of the agreed Services. If the instructions result in further work for Hardware Care, the Customer is obliged to pay the additional additional costs accordingly on the basis of a new quotation.
  5. Hardware Care is entitled, at its discretion, to engage third parties to perform the Services. 
  6. If the nature and duration of the order so require, Hardware Care will keep Hardware Care Client on the progress in the interim through the agreed manner. 
  7. The performance of the Services is based on the information provided by the Client. If the information needs to be changed, this may affect any established schedule. Never is Hardware Care liable for the adjustment of the planning. If the commencement, progress or delivery of the Services is delayed because, for example, the Customer has not or not timely provided all requested information, or not in the desired format, insufficient cooperation, a possible advance payment has not been received on time by Hardware Care or there is a delay due to other circumstances, which are for the account and risk of the Customer, Hardware Care has the right to terminate the agreement. Hardware Care is entitled to a reasonable extension of the delivery period. All damages and additional costs as a result of delay due to a cause as mentioned above will be for the account and risk of the Customer. 
  8. Client is solely responsible for the timely backup of all data, unless it is expressly agreed in writing that Hardware Care also make a backup of all data. In this respect the parties should determine which data should be backed up. If Hardware Care makes a backup (not being a disaster recovery) of the Customer's data under the Agreement, Hardware Care will Hardware Care make and keep the backup in accordance with the agreed term. However, the Customer is himself responsible for complying with the legal retention and administration obligations applicable to him. 
  9. Hardware Care will make an estimate of the condition of the EMM after receiving it. If, upon examination, it appears that the price of the repair will be higher than the cost estimate as stated on the website, the customer will be asked if he wishes to have the product repaired for that higher price. In that case, the repair will take place only after the customer's consent. If the website does not report a cost estimate and the price can only be determined after investigation, the customer will be asked if he wants the product repaired for that price. In that case, too, the repair will take place only after the customer's consent. If the customer does not agree to the additional costs, we will only charge the examination costs, shipping costs, import and export costs, other costs and taxes.
  10. In case of maintenance to an EMM of the Client, Hardware Care may Hardware Care not guarantee that it will function 100% the same.
  11. All import and export costs shall be borne by the Client unless otherwise agreed.

Article 7 - Obligations of Client 

  1. Client shall be obliged to pay all Hardware Care requested by Hardware Care as well as relevant attachments and related information and data in time and/or before commencement of the work and in the desired form for a correct and efficient execution of the Agreement. Failing this, it is possible that Hardware Care is unable to realize a complete execution and/or delivery of the relevant pieces. The consequences of such a situation will at all times be at the expense and risk of the Customer.
  2. Hardware Care is under no obligation to verify the accuracy and/or completeness of the information provided to it or to update Client regarding the information if it has changed over time, nor is Hardware Care responsible for the accuracy and completeness of the information provided by Hardware Care compiled for third parties and/or provided to third parties under the Agreement.
  3. Hardware Care may, if necessary for the execution of the Agreement, request additional information. In the absence thereof Hardware Care is entitled to suspend its work until the information is received, without being liable for compensation of any damages for whatever reason towards the Customer. In case of changed circumstances, the Customer should immediately, or within 3 working days after the change has become known, notify Hardware Care. Hardware Care.

 

Article 8 - Delivery of Products 

  1. If the start, progress or delivery of the Agreement is delayed because, for example, the Customer has not or not timely provided all requested information, insufficient cooperation, the (down) payment is not timely received by Hardware Care or due to other circumstances beyond the control of Hardware Care any delay occurs, Hardware Hardware Care entitled to a reasonable extension of the (on) delivery term. All agreed (on) delivery terms are never deadlines. Customer should Hardware Care in default in writing and grant her a reasonable period to still be able to deliver. Customer is not entitled to any compensation due to the resulting delay.
  2. Client is obliged to take delivery of the goods at the time they are made available to it according to the Agreement, even if they are offered to it earlier or later than agreed.
  3. If the Customer refuses to take delivery or is negligent in providing information or instructions necessary for delivery, then Hardware Care is entitled to store the goods at the expense and risk of the Customer.
  4. If the Products are delivered by Hardware Care or an external carrier Hardware Careis, unless otherwise agreed in writing, entitled to charge possible delivery costs. These will then be invoiced separately, unless otherwise expressly agreed. 
  5. If Hardware Care information from the Customer in the context of execution of the Agreement, the delivery period will only commence after the Customer has provided Hardware Care with all information required for the execution of the Agreement. Hardware Care Hardware Care. 
  6. If Hardware Care has specified a term of delivery, this is indicative. For delivery outside the Netherlands longer delivery terms apply.
  7. Hardware Care is entitled to deliver the goods in parts, unless this is deviated from by Agreement or the partial delivery has no independent value. Hardware Care is entitled to invoice the thus delivered goods separately.
  8. Deliveries will be made only if all invoices have been paid unless expressly agreed otherwise. Hardware Care reserves the right to refuse delivery if well-founded fear of non-payment exists.

Article 9 - Packaging and transportation 

  1. Hardware Care undertakes to the Customer to properly package and secure the goods to be delivered in such a way that they will reach their destination in good condition during normal use.
  2. Unless otherwise agreed in writing, all deliveries shall be inclusive of sales tax (VAT), including packaging and packaging materials.
  3. The acceptance of goods without any remarks on the waybill or receipt shall be proof that the packaging was in good condition at the time of delivery.

Article 10 - Examination, complaints upon delivery Products 

  1. The Client shall be obliged to inspect the delivered Products or have them inspected at the time of delivery or handover, but in any case within 14 days of receipt of the delivered Products, and only to unpack or use the Products to the extent necessary to assess whether it will keep the Product. In doing so, the Customer shall examine whether the quality and quantity of the Products delivered corresponds to the Agreement and whether the Products meet the requirements applicable to them in normal (commercial) dealings. 
  2. Client is obliged to examine and inform himself in which way the Product should be used and in case of personal use, test the Product in accordance with the instructions for use. Hardware Care accepts no liability for the incorrect use of the Product by the Customer.
  3. Any visible defects or shortages must be notified in writing after delivery to Hardware Care be reported in writing to Hardware Care at info@hardwarecare.nl. Customer has a period of 14 days after delivery to do so. Non-visible defects or shortages should be reported within 14 days after discovery, but at the latest within the warranty period. In case of damage to the Product due to careless handling by the Customer, the Customer is liable for any decrease in value of the Product. 
  4. If, pursuant to the previous paragraph, a timely complaint is made, Principal remains obliged to pay for the purchased goods. If the Customer wishes to return defective goods, this will only be done with the prior written consent of Hardware Care in the way as indicated by Hardware Care indicated by Hardware Care. 
  5. If Client being a Consumer uses his right of withdrawal, he will return the Product and all accessories, as far as reasonably possible, in original condition and packaging to Hardware CareHardware Care in accordance with the return instructions of Hardware Care. The direct costs for return shipments are at the expense and risk of the Customer.
  6. Hardware Care is entitled to initiate an investigation into the authenticity and condition of the returned Products before a refund will be made. 
  7. Refunds to Customer will be processed as soon as possible, but may take up to 14 days after receipt of Customer's declaration of dissolution. Refunds will be made to the account number previously provided. 
  8. If Client exercises its right of complaint, Client being a Business shall not be entitled to suspend its payment obligation nor to set off outstanding invoices.
  9. In the absence of a complete delivery, and/or if one or more Products are missing, and this is indicated to Hardware Care to blame, Hardware Care after a request thereto from the Customer, send the missing Product(s) or cancel the remaining order. The receipt of the Products is leading in this respect. Any damage suffered by the Customer as a consequence of the (deviating) scope of delivery, can not be recovered from Hardware Care. 

Article 11 - Opinions 

  1. Hardware Care can, if so instructed, draw up an advice, plan of action, design, reporting, planning and/or reporting for the benefit of the service. The content thereof is not binding and only advisory in nature, but will be Hardware Care observe its duties of care. The client decides on his own responsibility whether to follow the advice. 
  2. The information provided by Hardware Care advice, in whatever form, can never be regarded as binding advice.
  3. Client is at first request of Hardware Care obliged to evaluate proposals provided by it. If Hardware Care is delayed in its work, because the Customer does not or not timely provide an assessment on a by Hardware Care made by Hardware Care, the Customer is at all times responsible for the resulting consequences, such as delay. 
  4. The nature of the service entails that the outcome is at all times dependent on external factors that may affect the reports and opinions of Hardware Care such as the quality, accuracy and timely delivery of required information and data from the Client and its employees. Client is responsible for the quality and for the timely and correct delivery of the required data and information.  

Article 12 - Repair and/or assembly 

  1. The scope of the maintenance obligation extends to what is explicitly agreed upon by the parties. Hardware Care will inform Customer about all circumstances which may influence (the availability) of the maintenance and/or repair. Hardware Care will endeavour to execute the Agreement with the utmost care as may be expected from a good service provider. All work is carried out on the basis of an obligation to perform to the best of one's ability, unless a result is explicitly agreed upon in writing and described in detail. In no event Hardware Care warrants that the work performed and/or the items supplied by it are suitable for the purpose intended by the Customer.
  2. Client is obliged to report any defects, errors or other failures in writing and in advance to Hardware Care after which Hardware Care according to its usual procedures, will repair the defects and/or make improvements as soon as possible and to the best of its ability. Hardware Care will not repair EMM which have been opened by Customer itself or which have been repaired by third parties.
  3. If and to the extent that Hardware Care cannot perform certain work, or anticipates that the desired repair is not possible and/or replacement of a part will lead to a better result, whether or not to prevent or repair defects, Hardware Care will Hardware Care inform the Customer about this, and only after the Customer has given explicit permission for this, proceed with the action desired by the Customer. Any additional costs resulting from this will be borne by the Customer.
  4. In the performance of the work Hardware Care not obliged or bound to follow the instructions of the Customer if this changes the content or scope of the agreed Work. If the instructions result in additional work for Hardware Care, the Customer is obliged to pay the additional or additional costs accordingly. All instructions, directions, advice and more are deemed to have been made under the explicit approval of the Customer if they are made by employees, subordinates and/or third parties engaged by the Customer. Damage resulting from the unauthorized or out of scope giving of these instructions etc. shall be entirely for the account and risk of the Client.
  5. In performing this Service, Client expressly agrees that performance of this Service may result in the data files becoming (potentially) damaged, deleted, unreadable or otherwise unusable. 
  6. Client has the option of sending the EMM itself to Hardware Care and/or have the items picked up by Hardware Care at the Customer's location. If Hardware Care collect the goods from the Customer, Hardware Care Hardware Care undertakes to the Customer to properly package and transport the Customer's goods in such a way that they will reach their destination in good condition under normal use.
  7. Customer has the possibility to request an accelerated repair procedure of 5 days via the website of Hardware Care. The Customer is required to pay an amount of 125 euro ex VAT in advance. Hardware Care is at all times entitled to refuse this accelerated repair procedure. 
  8. If the Work is suspended at the request of the Client, this does not relieve the Client of its payment obligation(s) and obligates the Client to pay the agreed upon amount, as determined by Hardware Care mentioned in its Offer which is accepted by In addition Hardware Care is entitled to charge the Customer for any suspension costs and/or additional fees (including reserved hours).
  9. If after the suspension period the execution of the Agreement cannot be resumed, the Hardware Care is entitled to immediately terminate the Agreement without judicial intervention, by means of a written statement to the Customer. In case of resumption of the execution of the Agreement, the Customer is obliged to pay all costs of Hardware Care resulting from this resumption. Hardware Care in full.
  10. Hardware Care performs the work in accordance with the standards applicable in the industry. If any warranty is thereby given, it is limited to that which is expressly agreed upon in writing and only to the extent the warranty is received from the suppliers. During the warranty period Hardware Care guarantees a sound and usual quality of the goods delivered. Hardware Care offers 24 months warranty on repairs unless otherwise agreed. Warranty does not apply to cleaning, maintenance, fall damage or repairs done to equipment with lightning, water or moisture damage. The warranty will expire if the Customer repairs/maintains the equipment himself, opens the equipment or if the repair sticker is removed, other than by Hardware Care. Hardware Care.
  11. An additional warranty may be purchased on the repair. The costs for this are listed on the website or will be charged by means of a separate agreement. 

 

Article 13 - Additional work and changes 

  1. If during the execution of the Work it appears that the Agreement should be adjusted and/or supplemented, or (at the request of the Customer) further work is necessary to achieve the desired result of the Customer, the Customer is obliged to pay for this additional work according to the agreed (hourly) rate, and additional material costs. Hardware Care is not obliged to comply with this request, and may require the Customer to conclude an additional Agreement for this purpose.
  2. If a fixed price is agreed upon for the work, then Hardware Care Customer about the additional costs and/or financial consequences of the additional work.
  3. If and insofar as a fixed price has been agreed for the execution of certain activities, and the execution of those activities leads to additional activities which cannot reasonably be considered to be included in the fixed price, or the price needs to be increased as a result of incorrect data provided by the Customer which are important for the determination of the price, Hardware Care is Hardware Care is entitled to charge these costs to the Customer, after consultation with the Customer.
  4. In case of hidden defects, or at least unforeseen circumstances is Hardware Care is entitled to charge extra costs for this if these circumstances lead to extra work.
  5. Price changes due to changes in the Agreement, or pursuant to laws and regulations must be reimbursed by the Client.

Article 14 - Completion of services/work. 

  1. If the start, progress or delivery of the work is delayed because, for example, the Customer has not or not timely provided all requested information, insufficient cooperation, the (down) payment is not timely received by Hardware Care or due to other circumstances, which are at the expense and risk of the Customer, Hardware Care Hardware Care is entitled to an extension of the delivery period, to be determined by Hardware Care. All agreed delivery terms are never deadlines. 
  2. All damages and additional costs as a result of delay due to a cause mentioned in paragraph 1 are for the account and risk of the Customer and can be claimed by Hardware Care charged to the Customer.
  3. Hardware Care endeavors to realize the work within the agreed time frame, as far as this can reasonably be required of it. 
  4. Where reference is made to working days, it shall mean all (workable) calendar days excluding recognized national holidays and weekends. 
  5. Hardware Care will deliver the EMM to Client after repair, after all costs have been paid by Client. If not paid within 90 days of delivery Hardware Care entitled to invoke its right of retention.
  6. After completion, the work is at the Client's risk. Therefore, it remains liable for the price, regardless of destruction or deterioration of the work due to a cause not attributable to Hardware Care can be attributed. 
  7. Hardware Care is not liable for defects which the Customer should reasonably have discovered at the time of delivery, barring intentional or deliberate recklessness of Hardware Care.

Article 15 - Prices and payment 

  1. All prices are in principle inclusive of sales tax (VAT), unless otherwise agreed. VAT is added to the invoice depending on the country of the Client.
  2. Hardware Care performs its services in accordance with the agreed (hourly) rate. In case of an hourly rate, the costs of the work will be calculated afterwards on the basis of the rate agreed by Hardware Care. Hardware Care by Hardware Care. 
  3. Customer is obliged to pay the costs of third parties, which after approval of Customer by Hardware Care are deployed, to be fully reimbursed unless explicitly agreed otherwise.
  4. 4.When ordering Products, payment shall be made in advance. For repair, payment shall be made in arrears after completion of services. 
  5. The parties may agree that the Client should pay an advance. If an advance payment has been agreed, the Client must pay the advance payment before the performance of services is commenced.
  6. Client cannot derive any rights or expectations from a budget issued in advance, unless the parties have expressly agreed otherwise.
  7. Hardware Care is entitled to increase the applicable prices and rates annually in accordance with the applicable inflation rates. Other price changes during the Agreement are only possible if and insofar as these are explicitly set out in the Agreement (price agreement 30 days after notification of repair). If between the date of the conclusion of the Agreement (or quotation) and the execution thereof for Hardware Care (cost) price-increasing circumstances occur as a result of legislation and regulations, price changes by Hardware Care. Hardware Care or suppliers or changes in the prices of required semi-finished products, materials, parts or currency fluctuations, import and export duties (both domestic and abroad), shipping and/or delivery costs, wages, employer's contributions and/or (social) security premiums etc., Hardware Care is Hardware Care is entitled to increase the agreed price and/or fee accordingly and charge it to the Customer. 
  8. Client must pay these costs in a lump sum, without setoff or suspension, within the specified payment period of no later than 30 days as stated on the invoice, to the account number and details made known to it by Hardware Care
  9. In the event of liquidation, insolvency, bankruptcy, involuntary liquidation or petition for payment against Client, payment and all other obligations of Client under the Agreement shall become immediately due and payable.
  10. The prices stated in the Offer are exclusive of VAT unless expressly stated otherwise. 
  11. The prices as mentioned in the Offer are based on the cost factors applicable at the time of the conclusion of the Agreement such as: import and export duties, freight and unloading costs, insurance and any levies and taxes. 
  12. In the case of Products or raw materials for which there are price fluctuations in the financial market and on which Hardware Care has no influence on, can Hardware Care offer these Products with variable prices. The Offer will state that prices are target prices and may fluctuate.
  13. Hardware Care shall not be liable for Customer's additional import and export costs and taxes when returning to 

Article 16 - Retention of title. 

  1. All claims made by Hardware Care delivered goods, remain property of Hardware Care until the Customer complies with all following obligations from all agreements with Hardware Care. Hardware Care concluded with Hardware Care are fulfilled.
  2. Client is not authorized to pledge or otherwise encumber the items subject to retention of title if ownership has not yet been transferred in full.
  3. If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the Customer is obliged to Hardware Care as soon as may reasonably be expected.
  4. Just in case Hardware Care wishes to exercise its property rights as indicated in this article, the Customer hereby gives unconditional and irrevocable permission and authorization to Hardware Care or third parties designated by them to enter all those places where Hardware Care's property is located. Hardware Care are located and to take those goods back.
  5. Hardware Care has the right to retain the Product(s) purchased by the Customer, if the Customer has not yet fulfilled his payment obligations (in full), despite an obligation to transfer or surrender of Hardware Care. After the Customer has fulfilled his obligations Hardware Care make every effort to deliver the purchased Products to the Customer as soon as possible.
  6. Costs and other (consequential) damages resulting from the retention of the purchased Products are at the expense and risk of the Customer and will be paid to Hardware Care on first request. Hardware Care Hardware Care by Customer on first request. 

 

Article 17 - Warranty 

Hardware Care guarantees that the Products comply with the Agreement, the specifications stated in the offer, usability and/or reliability and the legal rules/regulations at the time of conclusion of the Agreement. This also applies if the goods to be delivered are intended for use abroad and the Customer has explicitly notified Hardware Care of this use in writing at the time of conclusion of the Agreement. Hardware Care. The Warranty expires in case of upgrading/tuning, water damage, improper use, after opening the EMM or after removing the repartition sticker with the QR code. 

 

Article 18 - Collection policy 

  1. When Customer does not meet its payment obligation, and has not fulfilled its obligation within the set payment period of no more than 30 days, Customer being a Business is legally in default. Customer being a Consumer shall first receive a written reminder with a term of 14 days after the date of the reminder to still meet the payment obligation with an indication of the extrajudicial costs if the Consumer does not meet her obligations within that term, before she is in default.
  2. From the date the Customer is in default, the Hardware Care without further notice of default be entitled to the statutory commercial interest from the first day of default until full payment, and compensation of the extrajudicial costs in accordance with section 6:96 of the Dutch Civil Code, to be calculated according to the graduated scale from the Decree on compensation for extrajudicial collection costs of July 1, 2012.
  3. If Hardware Care has incurred more or higher costs which are reasonably necessary, these costs are eligible for reimbursement. The integral incurred judicial and execution costs are also for the account of the Customer.

Article 19 - Privacy, data processing and security  

  1. Hardware Care will handle (personal) data of the Customer with care and will only use these in accordance with the applicable standards. If requested Hardware Care inform the data subject.
  2. Client is solely responsible for the processing of data that is processed using a service of Hardware Care are processed. Client also guarantees that the content of the data is not unlawful and does not infringe any rights of third parties. In this context, the Customer indemnifies Hardware Care against any (legal) claim related to these data or the execution of the Agreement.
  3. If Hardware Care is required under the Agreement to provide for security of information, such security will meet the agreed specifications and a security level that, given the state of the art, the sensitivity of the data, and the costs associated therewith, is not unreasonable. 

 

Article 20 - Suspension and dissolution 

  1. Hardware Care has the right to retain the data, data files and more received or realized by it if the Customer has not yet (fully) fulfilled its payment obligations. This right remains in full force and effect in the event of a for Hardware Care justified reason arises which justifies suspension in that case. 
  2. Hardware Care is authorized to suspend the fulfillment of its obligations as soon as the Customer is in default with the fulfillment of any obligation resulting from the Agreement, including late payment of its invoices. The suspension will immediately be confirmed to the Customer in writing.
  3. Hardware Care is in that case not liable for damages, for whatever reason, as a result of the suspension of its operations.
  4. The suspension (and/or dissolution) shall not affect the Client's payment obligations for work already performed. In addition, Customer is obliged to Hardware Care to compensate Hardware Care for any financial loss incurred by Hardware Care suffers as a result of Customer's default.

 

Article 21 - Force majeure 

  1. Hardware Care is not liable if it cannot fulfill its obligations under the Agreement due to a force majeure situation.
  2. Force majeure on the part of Hardware Care shall in any case include, but is not limited to: (i) force majeure of suppliers/transporters of Hardware Care(ii) failure of suppliers to properly fulfil their obligations which are assumed by Customer or its third parties to Hardware Care. Hardware Care (iii) defectiveness of software or any third party involved in the execution of the service, (iv) government measures, (v) failure of electricity, internet, data network and/or telecommunication facilities, (vi) illness of employees of Hardware Care, (vii) inability to perform the service. Hardware Care or consultants engaged by it and (vii) other situations which in the opinion of Hardware Care are beyond its control which temporarily or permanently prevent the fulfillment of its obligations.
  3. In case of force majeure, both Parties have the right to dissolve the Agreement in whole or in part. All costs incurred prior to the dissolution of the Agreement will in that case be paid by Customer. Hardware Care is not obliged to compensate Customer for any losses caused by such rescission.

 

Article 22 - Limitation of liability 

  1. If any result set forth in the Agreement is not achieved, a failure of Hardware Care is deemed to exist only if Hardware Care explicitly promised this result when accepting the Agreement.
  2. In case of an attributable shortcoming of Hardware Careis Hardware Care obliged to pay any indemnification only if the Customer is in default. Hardware Care in default within 14 days after discovery of the shortcoming and Hardware Care has not subsequently remedied this shortcoming within a reasonable period of time. The notice of default should be in writing and contain such an accurate description/substantiation of the shortcoming, so that Hardware Care is able to respond adequately.  
  3. If the provision of Services by Hardware Care leads to liability of Hardware CareThat liability is limited to the total amount invoiced under the Agreement, but only with regard to direct damage suffered by the Customer, unless the damage is the result of intent or recklessness bordering on intent on the part of Hardware Care. Hardware Care. Direct damage is understood to mean: reasonable costs made to limit or prevent direct damage, the determination of the cause of damage, the direct damage, the liability and the manner of repair.  The liability is further limited to the maximum amount paid out per claim per year by its liability insurance.
  4. Hardware Care expressly excludes all liability for accidents and consequential damages. Hardware Care is not liable for indirect damage, business damage, loss of profits and/or losses suffered, missed savings, damage due to business stagnation, asset losses, delay damage, interest damage and immaterial damage.
  5. Client indemnifies Hardware Care for all claims of third parties due to a defect as a result of a service provided by the Customer to a third party and partly consisting of by Hardware Care delivered Services, unless Customer can prove that the damage is exclusively caused by the service of Hardware Care.
  6. Any by Hardware Care delivered advice, based on incomplete and/or incorrect information provided by the Customer, is never a ground for liability of Hardware Care. Hardware Care.
  7. The content of the advice provided by Hardware Care is not binding and only advisory in nature. Customer decides on his own responsibility whether to accept the proposals and advice of Hardware Care. Hardware Care follow the suggestions and herein mentioned advice of Hardware Care. All consequences resulting from following the advice are for the account and risk of Customer. Customer is at all times free to make her own choices deviating from the advice given by Hardware Care. Hardware Care. Hardware Care is not bound to any form of refund if this is the case.
  8. If a third party is engaged by or on behalf of the Client, it is Hardware Care never liable for the actions and advice of the third party engaged by the Customer as well as the processing of results (of advice drawn up) of the third party engaged by the Customer in Hardware Care its own advice.
  9. Hardware Care does not guarantee the correct and complete transmission of the content of and by/on behalf of Hardware Care sent, nor for the timely receipt thereof.
  10. All claims of the Customer for shortcomings on the part of Hardware Care expire if these are not reported in writing and motivated to Hardware Care. Hardware Care within one year after the Customer was aware or could reasonably be aware of the facts on which it bases its claims. One year after termination of the Agreement between the parties, the liability of Hardware Care

 

Article 23 - Secrecy 

  1. Hardware Care and Client undertake to keep confidential all confidential information obtained in the context of an assignment. Confidentiality arises from the assignment and must also be assumed if it can reasonably be expected to be confidential information. Confidentiality does not apply if the information concerned is already publicly/generally known, the information is not confidential and/or the information was not disclosed to the Client during the Agreement. Hardware Care and/or in another way by Hardware Care. Hardware Care has been obtained.
  2. In particular, the secrecy shall see to by Hardware Care advice, reports, designs, working methods and/or reporting regarding the assignment of the Customer. The Customer is explicitly prohibited to share the content thereof with employees who are not authorized to take note thereof and with (unauthorized) third parties. Furthermore Hardware Care always exercise due care in handling all business sensitive information provided by the Customer.
  3. If Hardware Care is, on the basis of a statutory provision or a judicial decision, obliged to (also) provide the confidential information to a third party designated by law or a competent court and Hardware Care cannot invoke a right to privilege, Hardware Care is Hardware Care not liable for any damages and does not give the Customer any ground for dissolution of the Agreement.
  4. For the transfer or distribution of information to third parties and/or publication of statements, opinions or productions made by Hardware Care provided to third parties, the written consent of Hardware Care required, unless such permission has been expressly agreed upon in advance. Customer shall Hardware Care indemnify against all claims by such third parties as a result of reliance on such information provided without the written consent of Hardware Care has been disseminated.
  5. Laying the confidentiality obligation Hardware Care and Customer also impose on the third parties to be engaged by them.

 

Article 24 - Intellectual Property Rights.  

  1. All IP rights and copyrights of Hardware Care including in any case, but not limited to all designs, models, reports and advice belong exclusively to Hardware Care and are not transferred to the Customer unless expressly agreed otherwise. 
  2. If it is agreed that one or more of the aforementioned items and/or works of Hardware Care are transferred to the Customer, is Hardware Care is entitled to conclude a separate Agreement for that purpose and to demand an appropriate monetary compensation from the Customer. Such compensation must be paid by the Customer before she acquires the respective goods or works with the IP rights vested thereon.
  3. The Customer is prohibited from removing all documents and software to which the IP rights and copyrights of Hardware Care rests, to disclose and/or duplicate, modify or make available to third parties (including use with commercial purposes) without the express prior written consent of Hardware Care. In case the Customer wishes to make changes to the information provided by Hardware Care . Hardware Care delivered by Hardware Care, it is Hardware Care explicitly agree to the intended changes. 
  4. The Customer is prohibited from using the items and documents on which the intellectual property rights of Hardware Care rests otherwise than as agreed in the Agreement.
  5. The parties will inform each other and take joint measures if IP rights are infringed.

 

Article 25 - Indemnification and accuracy of information 

  1. The Client is solely responsible for the accuracy, reliability and completeness of all data, information, documents and/or records, in whatever form they are provided to Hardware Care in the context of an Agreement, as well as for the data which she has obtained from third parties and which she has provided to Hardware Care. Hardware Care are provided to Hardware Care for the purpose of the execution of the Service. 
  2. Client indemnifies Hardware Care from any liability pursuant to the failure to fulfill the obligations regarding the timely provision of all accurate, reliable and complete data, information, documents and/or records.
  3. Client indemnifies Hardware Care for all claims of Customer and third parties engaged by it or working under it, as well as of customers of Customer, based on not (timely) obtaining any subsidies and/or permissions required in the context of the execution of the Agreement. 
  4. Client indemnifies Hardware Care for all claims of third parties arising from the work performed for the Customer, including but not limited to intellectual property rights on the data and information provided by the Customer which can be used in the execution of the Agreement and/or the acts or omissions of the Customer towards third parties.
  5. If the Client provides electronic files, software or data carriers to Hardware Care Customer, Customer guarantees that these are free of viruses and defects.

 

Article 26 - Complaints 

  1. If Customer is not satisfied with the service of Hardware Care or otherwise has complaints about the execution of his order, Customer is obliged to report these complaints as soon as possible, but at the latest within 7 calendar days after the reason that led to the complaint. Complaints can be reported verbally or in writing via info@hardwarecare.nl with the subject line "Complaint".
  2. The complaint must be sufficiently substantiated and/or explained by the Customer in order for Hardware Care can handle the complaint.
  3. Hardware Care will respond substantively to the complaint as soon as possible, but no later than within 7 calendar days after receipt of the complaint.
  4. The parties will try to reach a solution jointly.

 

Article 27 - Applicable law 

  1. On the legal relationship between Hardware Care and Customer is governed by Dutch law. 
  2. Hardware Care has the right to amend these general terms and conditions and will notify the Customer of this.
  3. In case of translations of these general terms and conditions, the Dutch version shall prevail.
  4. All disputes arising out of or as a result of the Agreement between Hardware Care and Customer, shall be settled by the competent court of the District Court of East Brabant, location 's-Hertogenbosch, unless provisions of mandatory law designate another competent court.

Nieuwkuijk, Sept. 7, 2023

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