Terms & Conditions
Terms and Conditions of IPS Greenergy B.V.
Registration
With its registered office in Tilburg, the Netherlands
Registered with the Dutch Chamber of Commerce under number 87029804
Scope
These Terms and Conditions shall apply to all offers, agreements, or deliveries under which IPS Greenergy provides services or goods to a (potential) Buyer or third party. Deviations from the Terms and Conditions shall only be valid if they have been confirmed by IPS Greenergy in writing. Terms and Conditions or other provisions referred to by the Buyer shall not apply.
Offer and Agreement
All quotations offers, and other statements provided by IPS Greenergy shall be without obligation at all times unless explicitly stated otherwise. A quotation is valid for 7 days. The validity of a quotation expires after this period. An agreement is formed after written confirmation of the quotation by the Buyer or from the time IPS Greenergy has started performing the agreement. The remote agreement shall be concluded electronically. The text of these Terms and Conditions shall be provided to the Buyer by electronic means, in such a way that the Buyer can easily store them on a permanent data carrier. If this is not reasonably possible, the Buyer will be informed, before entering into the agreement, as to how the Terms and Conditions can be viewed by electronic means and that they will be forwarded free of charge, by electronic means or otherwise, on request of the Buyer
Prices and payment
The prices specified in a quotation, agreement, or brochure are exclusive of VAT or other government levies, unless indicated otherwise. The agreements and quotations confirmed by IPS Greenergy are subject to changes in external factors. However, IPS Greenergy adheres to the price as stated in the quotation and/or agreement and will not change it as a result of external factors. The costs of mounting or installation shall be borne by the Buyer. The sum due stated on the invoice has to be credited to IPS Greenergy’s account within 14 days of the invoice date unless a different agreed payment term is stated on the invoice. The Buyer owes the sum due, excluding any right of suspension or of settlement. If payment has not been made in full within the term as set out in 3.4, the Buyer shall be immediately in default of payment and the amount owed shall immediately be due and payable, and the Buyer shall owe the statutory commercial interest of 1.5% per month on the outstanding amount. In case of late payment, the Buyer shall be obliged to pay both extrajudicial and judicial collection costs, including lawyers’ fees and the costs of bailiffs and collection agencies, in addition to the sum owed and the interest accrued. For a Buyer who does not act in the capacity of Consumer, the extrajudicial costs shall amount to at least fifteen per cent (15%) of the amount owed by the Buyer to IPS Greenergy. In case of Consumers, IPS Greenergy shall charge the extrajudicial costs in accordance with the fixed compensation scheme as referred to in the Extrajudicial Collection Costs (Standards) Act and the Extrajudicial Collection Costs (Fees) Decree, with a minimum of 1 hundred Euros (€100). In the event of suspension of payment, bankruptcy, or liquidation of the Buyer, the amounts owed shall become immediately due and payable.
Retention of title
All goods delivered and to be delivered by IPS Greenergy shall remain the full and sole property of IPS Greenergy until the Buyer has paid all sums owed to IPS Greenergy under the agreement, including interest and costs. As long as the ownership has not been transferred to the Buyer, the Buyer shall not be permitted to pledge the goods or grant third parties any right to them. The Buyer undertakes to handle the products with due care. The Buyer shall be obliged to inform IPS Greenergy in writing promptly in the event of any (impending) suspension of payment, bankruptcy or liquidation, attachment or execution by third parties.
Guarantees and liability
The guarantees provided by the manufacturer on the products delivered shall apply to these If a manufacturer provides insufficient guarantees or no guarantees at all, IPS Greenergy shall not be liable for any damage, except in case of intent or conscious negligence, without prejudice to the other provisions of this article. The guarantee can only be provided if the manufacturer’s requirements, including mounting instructions and manuals, have been met. The Buyer shall be obliged to report any defects to IPS Greenergy within 5 days after discovery, subject to the lapse of any right to performance or (alternative) compensation of damage. IPS Greenergy’s liability for indirect damage, including consequential damage, lost profits, lost savings, loss of data, and damage caused by business interruption and underutilization or as a result of failure to meet an obligation to deliver, shall be excluded at all times The Buyer indemnifies IPS Greenergy and IPS Greenergy’s employees against any and all third-party claims in the broadest sense. IPS Greenergy’s liability is at all times limited to the amount paid by IPS Greenergy’s liability insurer in a loss event and if no payment is made for whatever reason, to no more than the invoice amount excluding, In case of part deliveries, liability will be limited to the invoice amount of the part delivery in question, excluding VAT.
Applicable Law
All agreements to which these Terms and Conditions fully or partly apply shall be governed by Dutch law.
All disputes between IPS Greenergy and the Buyer, irrespective of their origin, shall be submitted to the competent court in the Netherlands In case of different interpretations due to language differences, the Dutch version of the terms and conditions prevails over the other languages.