Terms & Conditions
DURABILIT B.V. is a global supplier of products and services that reduce the cost of network infrastructure. These Terms and Conditions (the "Terms") apply to, and govern all use of the services (including our website) and products that may be provided by DURABILIT.
| § | 1 | Scope and Applicability | |||
|---|---|---|---|---|---|
| 1. | All interaction between DURABILIT and its customers, whether actual or potential, and the users of DURABILIT’S website, are governed by these Terms and Conditions. | ||||
| 2. | By engaging in interaction with DURABILIT or by using our website, the party engaging in such actions explicitly agrees to be bound by these Terms and Conditions. Any other Terms and Conditions do not apply unless agreed to by DURABILIT explicitly in writing. | ||||
| 3. | These terms and conditions (“terms”) are applicable to all legal entities, such as companies, consumers, foundations other form of legal entity. They are also applicable to governmental agencies and other governmental organizations. The terms are applicable to all transactions and communications between DURABILIT B.V. (“DURABILIT”) and its customers and/or other parties that are in contact with DURABILIT. | ||||
| 4. | These terms are applicable to all products, services, consultancy and software provided by DURABILIT. | ||||
| 5. | Any terms that differ from these will only be accepted by DURABILIT if we have agreed to do so in writing. | ||||
| 6. | DURABILIT is an independent supplier of refurbished and new IT equipment and IT services. DURABILIT is not affiliated with any of the brands it offers to its customers. | ||||
| 7. | At all times, Dutch law is applicable to any business conducted between DURABILIT and its counterparty, regardless of the land of origin of the counterparty. | ||||
| § | 2 | Offers and orders | |||
| 1. | Any offers or quotes (“quote”) sent by DURABILIT are without any obligation on our part. We reserve the right to change or withdraw any offer made at any time. | ||||
| 2. | Even if we made a quote, then we are under no obligation to accept any orders based on that quote. | ||||
| 3. | If we accept an order, we will confirm so in writing. | ||||
| 4. | All points mentioned in these Terms and Conditions apply to all offers, quotes and orders. | ||||
| § | 3 | Documents and Communication | |||
| 1. | Any documents and written communications, whether in print or in digital format, that have been provided by DURABILIT, remain the intellectual property of DURABILIT and cannot, without prior written consent by DURABILIT, be disclosed to third parties. If DURABILIT requests so, all parties agree to send back and/or destroy any documentation provided by DURABILIT. | ||||
| § | 4 | Prices, Payment, Legal Ownership of Goods and Delivery of agreed-upon Services | |||
| 1. | If nothing to the contrary has been agreed upon, then all prices provided are excluding VAT and shipping costs (EX-WORKS). | ||||
| 2. | Payment of the goods needs to be received by DURABILIT within the agreed timeframe. Payments should only be paid on our account(s) which are mentioned on our invoices. | ||||
| 3. | Until payment is received in full, all goods remain the property of DURABILIT. The customer needs to treat the goods in such a way, that they will not lose any value until DURABILIT has been paid in full. | ||||
| 4. | Should the customer default on payment, then he has to inform DURABILIT of the location of the goods that are still DURABILIT’S property. The customer also agrees to provide DURABILIT with the name of the company that currently uses the goods if the customer has sold or installed the goods on other premises than his own. | ||||
| 5. | In case of non-payment, DURABILIT has the right to recuperate the goods from the premises of the customer. Should the goods be in a state that is of lesser quality than when the goods have been delivered, then DURABILIT has the right to claim damages for the decrease in quality. | ||||
| 6. | Until payment for any services provided or facilitated by DURABILIT is received in full, DURABILIT reserves the right to cancel these services at any time. | ||||
| 7. | Late payments are subject to a late-payment fee which consists of an interest charge of 15 % over the current EURIBOR rate calculated over the outstanding amount. Regardless of any late-payment fee, DURABILIT reserves the right to claim any damages that are related to any late payments. | ||||
| 8. | Unless we agreed to a fixed-price, DURABILIT reserves the right to adjust pricing due to changes in exchange rates for any orders with a delivery time of 6 weeks or more. | ||||
| § | 5 | Delivery Time | |||
| 1. | All delivery times are estimates and provided by DURABILIT for informative purposes only and cannot be seen as fixed or guaranteed. | ||||
| 2. | DURABILIT can change the actual and estimated delivery time(s) at any moment. As soon as DURABILIT becomes aware of a change in an estimated delivery time, we will inform the customer of this as soon as possible. | ||||
| 3. | DURABILIT is in no way responsible for any problems or issues that arise due to a change in delivery time. | ||||
| 4. | The customer cannot claim any damages or compensation to DURABILIT due to any change or delay in delivery time. | ||||
| 5. | Any delivery time starts as soon as the customer has fulfilled all his obligations toward DURABILIT related to the order process. In case of prepay as payment condition that means the date that the funds were received in DURABILIT’S bank account. | ||||
| § | 6 | Damages during shipping | |||
| 1. | DURABILIT will only be responsible for any damages which occurred during shipping if the goods have been shipped on DURABILIT”S shipping account and were insured by DURABILIT. | ||||
| 2. | Should an item become damaged during shipping, it is the receiver’s responsibility to immediately inform the transport company and DURABILIT of the damage. The receiver also needs to comply with any demands from the transport company, the involved insurance company and DURABILIT which are related to any insurance claim and to any resolution of a dispute relating to the damaged goods. | ||||
| 3. | If an item is damaged during transport, and article 6.1 applies, then DURABILIT will do its utmost best to replace this item as soon as possible. However, DURABILIT cannot guarantee any delivery time related to the replacement article. | ||||
| 4. | Any damages which occur during shipping if the goods have not been shipped on DURABILIT’S shipping account are at the entire risk of the customer. | ||||
| 5. | Any goods that arrive damaged need to be reported to DURABILIT within 48 hours after being delivered at the shipping location. | ||||
| § | 7 | Warranty | |||
| 1. | On all refurbished goods sold by DURABILIT applies a one-year warranty. This warranty is provided by DURABILIT to its end-customers. | ||||
| 2. | The warranty for resellers is limited to 45 days, regardless of the fact if the goods are new or refurbished. | ||||
| 3. | On all new goods sold by DURABILIT, the manufacturer’s warranty applies. Any warranty issues on new goods sold by DURABILIT need to be handled via DURABILIT. | ||||
| 4. | The warranty applies only to manufacturing hardware faults, not to any software or configuration issues, or any faults caused by mishandling of the goods by the customer. | ||||
| 5. | In case of faulty goods, the customer needs to follow all steps set-out by DURABILIT in relation to the RMA-process and work with DURABILIT to resolve the issue as soon as possible. | ||||
| 6. | If a warranty case is deemed acceptable by DURABILIT, we will issue the customer with an RMA-number and instructions as to how to return the goods. | ||||
| 7. | Goods returned without a valid RMA-number will be refused/returned to the customer. | ||||
| 8. | If DURABILIT deems that the cause of the fault is not covered by its warranty, then we will inform the customer accordingly. DURABILIT may offer an alternative replacement to the customer at a cost it deems fit. | ||||
| 9. | In case of a valid RMA, DURABILIT aims to replace the faulty goods as soon as possible. With regards to delivery time, article 5.1 applies. | ||||
| § | 8 | Limitation of Liability | |||
| 1. | Any liability of DURABILIT is limited to the original purchase price of the goods or services sold. | ||||
| 2. | The liability stipulated in article 8.1 is only applicable to the original purchaser of the goods or services. | ||||
| 3. | In no event shall DURABILIT be liable to its customer or any other involved party for any indirect, special or consequential damages or lost profits due to the non-functioning or malfunctioning of any goods or services sold. | ||||
| 4. | In no event shall DURABILIT be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information, whether directly or indirectly, which was incurred due to the use of the goods or services sold or offered by DURABILIT. | ||||
| 5. | In no event shall DURABILIT be liable to its customer or any third party involved for any damages resulting from, or relating to, any failure or delay of DURABILIT in the delivery or installation of the goods or services. | ||||
| 6. | In no event shall DURABILIT be liable to its customer or any third party involved for any damages resulting from, or relating to, any performance- or compatibility issues in relation to the goods or services sold by DURABILIT. | ||||
| 7. | The customer is responsible to determine, prior to placing an order with DURABILIT, whether the goods or services ordered are fit for the purpose he purchases them for. DURABILIT is in no way liable for the proper fitness for a particular purpose of the goods or services provided. DURABILIT might suggest specific goods or services to the customer; however, the final responsibility to determine the fitness for a particular purpose of the goods lies with the customer. | ||||
| 8. | This limitation of liability is applicable to DURABILIT and all persons and companies connected with DURABILIT. | ||||
| 9. | DURABILIT and all persons and companies connected with DURABILIT specifically disclaim all liability, whether based in contract, tort, negligence or otherwise, for any direct, indirect, consequential or other damages, including, but not limited to, loss of data or profit, arising out of, or the inability to use, the goods sold by DURABILIT. | ||||
| 10. | DURABILIT is not liable for any interruption of service caused, directly or indirectly, by the goods or services sold by DURABILIT. | ||||
| 11. | UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, COST OF COVER, OR LOST DATA THAT ARISE IN WHOLE OR IN PART FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES OR FUNCTIONS OF THE SITE OR ARISING OUT OF YOUR ACCESS TO, OR INABILITY TO ACCESS, THE SITE OR YOUR RELIANCE UPON, THE SITE OR THE SERVICES, CONTENT OR MATERIALS IN, OR FUNCTIONS OF, THE SITE, PROVISION OF, OR FAILURE TO PROVIDE SERVICES, OR INFORMATION, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN ADDITION, WE HAVE NO DUTY TO UPDATE THE SITE OR THE CONTENTS THEREOF. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED FIVE DOLLARS ($5.00). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS HEREOF | ||||
| § | 9 | Software | |||
| 1. | DURABILIT only sells refurbished hardware and not any related software. | ||||
| 2. | Any quote or offer made by DURABILIT is for the refurbished hardware only and not for any licensed or embedded software. | ||||
| 3. | At all times, it is the responsibility of the customer to arrange for a valid software license, regardless whether it concerns refurbished or new hardware. This is not the responsibility of DURABILIT. | ||||
| § | 10 | Order Cancellations | |||
| 1. | DURABILIT does not accept any order cancellations. However, DURABILIT may, at its discretion, agree to a cancellation. | ||||
| 2. | Unilateral order cancellations by a customer without agreement from DURABILIT are not accepted. | ||||
| 3. | Any order cancellations are subject to a 20% restocking fee. This fee is calculated on the total value of the order. | ||||
| § | 11 | Consultancy Services | |||
| 1. | All Consultancy services are provided according to DURABILIT’s best knowledge and endeavor. | ||||
| 2. | Customers making use of DURABILIT’s consultancy services cannot hold DURABILIT responsible in any way if they choose to implement any of DURABILIT’s suggestion. | ||||
| 3. | Any consultancy services provided or advice given by DURABILIT (including any valuations given) should be seen as an informed opinion of DURABILIT at the specific date and time on which they are given and which do not bind DURABILIT in any way. | ||||
| 4. | DURABILIT will in no way accept any liability for any damages, whether direct or indirect, suffered by the customer as a result of any consultancy services, valuation services, or advice provided by DURABILIT. | ||||
| 5. | For all Consultancy Services, all other paragraphs mentioned in these terms apply. This also includes § 5 and § 8 in their entirety. | ||||
| § | 12 | Warranty Services | |||
| 1. | This section concerns warranty services provided by DURABILIT such as Extended Warranty and Hardware Advanced Replacement Services or any other Warranty or Replacement Services that are provided by DURABILIT but not explicitly mentioned here. | ||||
| 2. | DURABILIT will make all reasonable effort to comply with any Warranty arrangements made between DURABILIT and the Customer. | ||||
| 3. | For all Warranty Services, all other paragraphs mentioned in these terms apply. This also includes § 5 and § 8 in their entirety. | ||||
| 4. | Under no circumstances can DURABILIT be held responsible or liable for any damages (financial or otherwise), whether directly or indirectly, suffered by the customer/user or any other third party in a situation where the customer or user cannot use, or has no access to any hardware and/or services purchased by DURABILIT. | ||||
| § | 13 | Data relating to CO2 emissions and energy usage | |||
| 1. | Where DURABILIT provides any figures or numbers related to CO2 emissions or energy usage, these are deemed to be DURABILIT’s estimate. Under no circumstances are these figures legally binding. | ||||
| 2. | The Customer cannot derive any rights from any figures published by DURABILIT with regards to CO2 or energy use | ||||
| § | 14 | Telephone and email communications | |||
| 1. | DURABILIT may offer to its Customers/Users a telephone number and/or email address under which they may receive some form of support or can report warranty issues. | ||||
| 2. | Whereas DURABILIT makes every effort to ensure that this telephone number and/or email is reachable for its Customers/Users, it cannot guarantee this. | ||||
| 3. | DURABILIT will not be held liable in any way, financially or otherwise, for any direct or indirect damages that might occur for the fact that a telephone number and/or email address was not reachable by the Customers/Users or any other third party. | ||||
| 4. | Any information or communication made by DURABILIT or its affiliates via telephone or email is not legally binding for DURABILIT. | ||||
| § | 15 | DURABILIT IT Asset Management Software | |||
| 1. | DURABILIT IT Asset Management Software (“DIAMS”) is copyrighted and the sole property of DURABILIT. | ||||
| 2. | The availability of DIAMS is provided by DURABILIT on a best effort basis. No rights to the availability of this service or software applies. | ||||
| 3. | DURABILIT is not liable for any compatibility issues with other third-party software and DIAMS. | ||||
| 4. | DURABILIT will not be liable for any data-loss arising out of the usage of DIAMS, nor will DURABILIT be liable in the case of data-loss incurring within DIAMS. It is the customer/user’s responsibility to regularly download and back-up the data from DIAMS. | ||||
| 5. | Under no circumstances can DURABILIT be held responsible or liable for any damages (financial or otherwise), whether directly or indirectly, suffered by the customer and/or user or any other third party when using DIAMS or resulting out of the unavailability of this service or software or out of data-loss. | ||||
| § | 16 | Limitation of liability with regards to website | |||
| 1. | The information on the website of DURABILIT is for informational purposes only and any user cannot claim any liability due to misrepresentation or mistakes in the information provided on our website. | ||||
| 2. | DURABILIT’S website and the information and services on the website are provided for informational purposes only. DURABILIT will not be liable for any loss or damage of any nature. | ||||
| 3. | DURABILIT endeavours to ensure that the information on this website is correct, but does not in any way warrant its completeness or accuracy. | ||||
| 4. | DURABILIT does in no way commit to ensuring that the website remains available at all times or that the material on the website is kept up-to-date. | ||||
| 5. | DURABILIT will not be liable for any representations, warranties and conditions relating to this website and the use of this website. This includes without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill. | ||||
| 6. | DURABILIT will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information, which any user of DURABILIT’S website may incur. | ||||
| 7. | Any links to external websites is provided for informational purposes only. DURABILIT cannot be held liable for any content of external websites, their availability or their accuracy. The customer agrees to visit external websites at his own risk. | ||||
| 8. | All text mentioned on the website and all images displayed are the property of DURABILIT and can not be reproduced without written permission of DURABILIT. | ||||
| 9. | DURABILIT might use third party applications to track the usage of its website. These applications might store details of the website visitor on servers that are located outside of Europe. DURABILIT has no influence on how third parties might use the information collected. | ||||
| 10. | The programs, tools and the information provided on this website is compiled with the greatest of care. However, we accept no liability whatsoever for incomplete and/or incorrect information and for improper functioning of this website. Neither do we accept any liability for improper functioning and/or miscalculations of quotation programmes of DURABILIT or third parties. We will make every effort to prevent misuse, we are however not liable for information and/or messages sent by users of the website via Internet. DURABILIT cannot be held liable if viruses should occur on this website. Neither can DURABILIT be held liable for the content, use or functioning of the websites linked to this website. | ||||
| 11. | Visitors of this website agree that they will not distribute, post or transmit to or from this website any content that might be judged unlawful, defamatory, harassing, threatening, libellous, obscene, pornographic or otherwise sexually explicit, scandalous, inflammatory, or other material that could give rise to any civil or criminal liability under the law. | ||||
| 12. | The website and services are made available for your personal, non-commercial use only. You may not use the website to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales. You may not take the results from a search and reformat and display them, or mirror DURABILIT’s home page or results pages on your website. You may not "meta-search" this website. If you want to make commercial use of the services or website, you must enter into written agreement with DURABILIT prior to doing so. | ||||
| 13. | EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, NONINFRINGEMENT OR ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY REPRESENTATION OR WARRANTY REGARDING THE ERROR-FREE, DISRUPTION-FREE OR INTERRUPTION-FREE NATURE OF THE WEBSITE OR THE SERVICES OFFERED. | ||||
| § | 17 | Google Analytics | |||
| 1. | This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above. | ||||
| § | 18 | Intellectual Property and Trademarks | |||
| 1. | All brand names, trademarks, logos and all other intellectual property are owned by their respective owners or license holders. Users are not permitted to use these trademarks without the prior written consent of DURABILIT or such third party which may own the trademark. | ||||
| 2. | References to any brand names, trademarks or logos are purely for informational purposes. DURABILIT does not claim any affiliation to the any of the brand names, trademarks or logos provided on our website. | ||||
| 3. | "DURABILIT" and the DURABILIT logo are registered trademarks of DURABILIT B.V. and/or of its affiliates. | ||||
| 4. | All information presented on this website, including text, photographs, illustrations, graphs, logo’s and trade names are the property of DURABILIT and are protected by copyright law, trademark law and/or any other intellectual property law. | ||||
| 5. | Where there are any links to third parties, the information on external third party websites are the properties of the relevant third parties. DURABILIT cannot be held responsible for the contents of these external sites. | ||||
| 6. | Users of this website are not permitted to copy the content of this website in any way, for example by forwarding or distributing the content or making the content available to third parties - whether or not in exchange for payment - without the prior written consent of DURABILIT. | ||||
| 7. | All information, materials and other content contained on this website are copyrighted material and are the property of DURABILIT. None of the content of this website may be used, copied, reproduced, transmitted, re-transmitted, distributed, downloaded, posted or otherwise exploited without the prior written consent of DURABILIT. | ||||
| 8. | If the User or Customer submits any feedback, ideas, comments, questions or other type of information about our website or about DURABILIT to DURABILIT, then these will become the property of DURABILIT. This means that DURABILIT will own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of the above for any purpose, commercial or otherwise, without acknowledgment or compensation to the User or Customer. | ||||
| § | 19 | Changes | |||
| 1. | We reserve the right to make changes to this disclaimer at any time, without notification. If you continue to use this website you are automatically bound by the terms and conditions of the changed disclaimer. | ||||
| § | 20 | Choice of law and jurisdiction | |||
| 1. | All interactions between DURABILIT and its customers or website users, as well as this disclaimer, will be governed by Dutch law. | ||||
| 2. | Any disputes will be subject to the exclusive jurisdiction of the courts of the Netherlands. | ||||
| 3. | Should any of the points stipulated in these Terms and Conditions be deemed invalid by a Dutch court, then all other points still apply. | ||||
