GENERAL SALES AND DELIVERY CONDITIONS OF DEVAPO
A. GENERAL PART
1.1 These General Terms and Conditions apply to and form an inseparable part of all legal relationships entered into by Devapo B.V., hereinafter referred to as: “Devapo”, whether or not through the intermediary of an authorized representative, with a third party, hereinafter referred to as: “Customer”. Legal relationships include, but are not limited to, all requests, quotations, offers, negotiations entered into, orders accepted, assignments and Agreements for the sale of Products and / or Services by Devapo, of whatever nature and under whatever name, to the Client.
1.2 In the event that provisions in the Agreement and / or of Parts B to F are in conflict with this General Part A, the provisions of the Agreement and / or Parts B to F will prevail, whereby the provisions of the Agreement will prevail over the provisions of Parts B to F.
1.3 Deviations from or additions to these Conditions are only valid if and insofar as they have been expressly agreed in writing. Deviations only relate to the legal relationship / Agreement under which they were made.
1.4 General purchase or other general terms and conditions that the Client may use do not apply to the legal relationship between the Client and Devapo and are hereby explicitly rejected, unless Devapo has explicitly stated in writing that such other terms and conditions apply.
1.5 The Client, who once entered into an Agreement under the validity of the Devapo Terms and Conditions, is deemed to have agreed to the applicability of the Devapo Terms and Conditions subsequently entered into with Devapo.
1.6 Delay, omission or negligence or leniency on the part of Devapo in enforcing any provision from the Agreement or the Conditions will never be regarded as a declaration of invalidity and does not in any way affect the rights of Devapo, nor can this be derived from this. a waiver of right or legal processing can be concluded. Statements of waiver of rights are only valid if expressly agreed in writing.
1.7 Devapo is authorized to change the Conditions. These amended Terms and Conditions will then apply to existing requests, quotations, offers, accepted orders, assignments and Agreements as well as any negotiations entered into for the future, after Devapo has notified the Buyer in writing of the existence of those amended Terms and Conditions.
1.8 In the event of a conflict between the Dutch text of the Conditions and other language versions or in the event of an explanation of the content and purport of the Conditions, the Dutch text will be decisive.
2.1.1 Unless the context explicitly indicates otherwise, the following definitions shall apply:
all Services to be provided by Devapo, including special but not limited to the installation, maintenance and repair of Products;
the other party of Devapo to quotations, offers, orders accepted, assignments, other Agreements and negotiations entered into;
the Agreement between Devapo and the Client in which the mutual rights and obligations with regard to the Services and / or Products to be provided by Devapo are laid down;
Anyone who, whether or not by virtue of an employment relationship, works for the benefit of Devapo and is engaged by Devapo in the performance of an assignment or Agreement, including expressly and also included self-employed workers, temporary workers, interns, freelancers and others by Devapo. third parties engaged for the implementation and their staff members.
All Products to be delivered by Devapo, including special but not exclusively combi steamers, convection ovens, high-speed ovens, other appliances and associated accessories;
Devapo B.V. registered in the Trade Register of the Chamber of Commerce under number 17113593, Devapo Service B.V. registered in the Trade Register of the Chamber of Commerce under number 66365449 and the companies directly and indirectly affiliated with it;
Conditions these general terms and conditions of sale and delivery of Devapo, with due observance of changes in accordance with article 1.7.
3.1 All offers and quotations made by Devapo, including all particulars and quotations, are valid for 60 days, unless stated otherwise. Devapo is only bound by the quotation or offer if the acceptance thereof is confirmed by the Customer in writing and on the condition that the Products and / or Services offered in the offer or quotation are still available or deliverable, unless Devapo submits the offer or quotation within five ( 5) working days after receipt of written acceptance.
4. Formation of Agreements
4.1 Without a quotation from Devapo signed for approval by the Client, or without written order confirmation from Devapo or without signing a written Agreement by Devapo with the Client, Devapo can never be considered to have entered into an Agreement with the Client. In urgent cases, to be determined exclusively by Devapo, Devapo may, contrary to the provisions of the first sentence of this paragraph, commence its activities before the Agreement has been concluded.
4.2 For deliveries or activities for which no quotation and / or order confirmation is sent by nature and scope, the invoice is also considered to be an order confirmation, which is also deemed to represent the Agreement correctly and completely.
4.3 Unless Devapo revokes its quotation within five (5) working days after receipt of the acceptance by the Client, an Agreement will be concluded by the acceptance by the Client of the quotation from Devapo.
4.4 An order confirmation from Devapo is deemed to represent the Agreement correctly and completely, unless the Client explicitly notifies Devapo otherwise in writing within three (3) working days after receipt of the order confirmation.
4.5 Commitments, offers and agreements made by the Client with third parties engaged by Devapo, including Personnel, are only binding on Devapo if they are explicitly confirmed in writing by Devapo itself.
5.1 Devapo is authorized to deliver Products and to perform Services that deviate from what has been agreed, if it concerns changes that are required to comply with applicable statutory regulations or if it concerns minor changes that do not represent a deterioration.
6.1 If the Client wishes to cancel the Agreement in whole or in part, this requires the express written consent of Devapo. If Devapo can agree to the cancellation, the Client is obliged to pay to Devapo all costs incurred with a view to the execution of the Agreement, including but not limited to preparation, storage, purchasing of materials, parts and raw materials, including wages. compensation, to be increased by compensation amounting to 10% of the agreed price.
7.1 Unless stated otherwise, the prices are based on the amount of purchase prices, wages, wage costs, government social security contributions, freight costs, insurance premiums and other costs applicable at the time of the quotation or order date.
7.2 In the event of an increase in one or more cost price factors, Devapo is entitled to increase the order price accordingly. All this with due observance of any applicable statutory regulations, on the understanding, however, that the already known future price increases must be stated in the order confirmation.
7.3 In the event Devapo reaches a price increase within three months after the conclusion of the Agreement, which price increase amounts to more than 20%, the Client is entitled to dissolve the Agreement.
8.1 The fee for the agreed performances will be charged to the Client at the time of delivery of the Products or Services, unless expressly agreed otherwise in writing.
8.2 Unless explicitly agreed otherwise in writing, payment must be made within fourteen (14) days after the invoice date to the bank account of Devapo. The customer is not entitled to suspend any payment, nor to a discount or settlement of amounts owed, unless expressly agreed otherwise in writing.
8.3 In the event that the Client fails to pay within the agreed payment term what the Client owes to Devapo, the Client will be in default by operation of law, without any notice of default or notification from Devapo being required. If payment is not made within the aforementioned period, the Client will owe Devapo a contractual interest of 1.5% per month on the outstanding amount, whereby part of a month is regarded as a whole month.
8.4 Devapo is entitled to immediately hand over its claim with regard to an unpaid invoice for collection. All judicial and extrajudicial costs to be able to collect collection are explicitly fully for the account of the Client. These costs amount to at least 15% of the amount due, including interest.
8.5 Devapo is entitled to refuse orders from the Client and to suspend execution of concluded Agreements until the moment at which the Client has arranged for payment of all that is owed to Devapo.
8.6 With regard to the services provided by Devapo and the amounts owed by the Client, the data from Devapo’s records provide full evidence, without prejudice to the right of the Client to provide evidence to the contrary.
9. Payment prior to delivery
9.1 In the case of delivery to new Customers and / or new resellers, the first order will be invoiced prior to delivery and this invoice must be paid before delivery is made, unless otherwise agreed.
10. Performance of the Agreement
10.1 Devapo is authorized to engage third parties for the correct execution of the Agreement, the costs of which will be passed on to the Client in accordance with the quotation provided. At the request of the Client, Devapo will state whether and, if so, whether and to what extent the execution has been outsourced to third parties.
11. Delivery and delivery times
11.1 The agreed delivery / completion periods can never be regarded as strict deadlines. In the event of late delivery, Devapo must therefore be given written notice of default with a reasonable term for compliance. A reasonable term is in any case the term that is reasonable in the industry, but never shorter than fourteen (14) days.
12. Term of the Agreement
12.1 If and insofar as the Agreement concluded between the parties is a continuing performance agreement, the Agreement is entered into for the duration agreed between the parties, in the absence of which the duration of one (1) year applies.
12.2 A continuing performance agreement is tacitly renewed each time for the duration of the originally agreed period, unless one of the parties cancels the continuing performance agreement in writing with due observance of the notice period included in the continuing performance agreement, failing which a notice period of one (1) month applies, each time at the end of the relevant period.
13. Transfer of risk
13.1 The risk with regard to the Products passes to the Client at the time of delivery or completion, or at the time when they are in the actual control of the Client or a third party designated by the Client, if this is earlier than the moment of the (formal) delivery.
14.1 The Client has the express duty to investigate immediately upon delivery and, if this is not possible, at the earliest possible opportunity after delivery of the Products whether the Products delivered comply with the Agreement. In addition, the Client should in any case investigate whether the quality and quantity of the delivered items correspond to what has been expressly agreed in writing;
14.2 Complaints with regard to visible defects, including those regarding quantity and quality, must be communicated to Devapo in writing within five (5) days after delivery, failing which the Client’s rights in this respect will lapse.
14.3 Complaints with regard to non-visible defects must be communicated to Devapo in writing within five (5) days after discovery by the Client, failing which the Client’s rights in this respect will lapse.
14.4 Complaints about the delivery of Services must be communicated to Devapo in writing within ten (10) days after completion of the relevant Services, failing which the Client’s rights in this respect will lapse.
14.5 The rights of the Client with regard to defects also lapse if the Products delivered are wholly or partially damaged by the actions of the Client or third parties engaged by the Client or if the Products show defects as a result of any other than normal use, the Client without explicit written notice. permission from Devapo itself has attempted to remedy an alleged defect or have it remedied, has treated or processed the delivered Products, has supplied them to third parties for processing or processing or has stored the delivered Products in an incorrect and / or inadequate manner.
14.6 Complaints with regard to invoices must be submitted to Devapo in writing, stating reasons, within ten (10) days after the invoice date, failing which the Client’s rights in this respect will lapse.
14.7 Complaints as referred to in this article do not suspend the Client’s payment obligations.
14.8 Every complaint as referred to in this article must contain a clear written description of the complaint.
14.9 Devapo is not obliged to handle a complaint as long as the Client leaves any invoice from Devapo unpaid.
14.10 In case of a justified complaint about a Service, Devapo has the choice to credit the amount owed by the Client, whether or not in whole or in part, or to perform the Service again for the Client, in whole or in part.
14.11 Complaints will not be dealt with if they relate to minor deviations or technical unavoidable deviations or deviations that are generally permitted in the trade practices in the industry.
15. Retention of title
15.1 Devapo reserves the ownership of all Products delivered by it until the moment of full payment of all that Devapo has to claim from the Client.
15.2 As long as full payment of the aforementioned claims has not taken place, the Customer is not authorized or entitled to transfer or dispose of the goods subject to a retention of title by Devapo – other than in the usual exercise of his profession or business – outside his actual control, or with any right to object.
15.3 As soon as the Client fails to fulfill any obligations towards Devapo, Devapo is authorized and entitled to take back the Products without further notice of default. By accepting these Terms and Conditions, the Client authorizes Devapo now for then to enter the place (s) where the Products are located for the aforementioned purpose.
15.4 The Client is obliged to distinguish the Products of Devapo as such.
15.5 The Customer is not entitled to (hire) sell, rent, lend, pledge or serve as security or to place the Products under the actual control of a third party without the express written consent of a third party. Devapo.
15.6 For the Products taken back on the basis of this article, the Customer will be credited, provided the Products are in good condition and / or otherwise usable for Devapo, in accordance with the market value to be determined on the day of the return, without prejudice to Devapo’s right. to set off all financial obligations towards Devapo with this credit, including the damage suffered by Devapo and the costs associated with exercising the retention of title, interest and other costs.
15.7 The Customer is obliged to insure the Products referred to under 15.1 against the risks of fire, theft, storm and water damage. Payments in respect of damage and loss of said Products replace the said Products.
15.8 The Customer has no right of retention towards Devapo on the goods delivered by Devapo.
15.9 The Client is obliged to immediately inform Devapo of an attachment or any other threat, prejudice, shortening or obstruction of the property rights of Devapo by third parties.
16. Intellectual Property Rights
16.1 All rights of industrial or intellectual property with regard to Products and / or Services originating from Devapo or designs, working methods, advice, models, drawings, catalogs and the like used by Devapo remain the express and exclusive property of Devapo. The exercise of these rights is explicitly and exclusively reserved to Devapo both during and after the execution of the agreement.
17. Suspension and Termination of Agreements
17.1 If the Customer does not, not properly or not on time fulfill any obligation resting on him that may arise for the Customer from any Agreement with Devapo, explicitly including financial relief, as well as in case of seizure of the goods of the Customer, own request or requests by third parties of the bankruptcy of the Client, the closure or liquidation of the business of the Client, the making of payment arrangements by the Client with the creditors, the Client is deemed to be in default by operation of law without notice of default and Devapo is entitled to execute each with the Client without judicial intervention. to suspend concluded Agreement in whole or in part or to dissolve the Agreement in whole or in part by means of a statement thus worded, without Devapo being obliged to pay any compensation or guarantee, without prejudice to the other rights accruing to Devapo, including the right to recover the Products delivered fall subject to retention of title and the right to full compensation.
17.2 The Client is also deemed to be in default by operation of law without further notice of default and Devapo is also entitled to the suspension and / or dissolution referred to in the first paragraph if Devapo can reasonably assume that any of the situations referred to in the first paragraph will occur in the short term and Devapo will inform the Client thereof in writing.
17.3 Orders for the provision of Services by Devapo end with their completion, whereby the Client may not prematurely cancel an order for the provision of Services by Devapo.
18.1 In the event of proven attributable non-compliance on its part – including any shortcoming in the fulfillment of a guarantee obligation expressly agreed in writing with the Client – or unlawful act on its part, Devapo is exclusively obliged to pay compensation that does not exceed the invoice value exclusive of VAT of the Products and / or or Services provided as a result of or in connection with which the damage was caused. Devapo is not liable for compensation of any damage if, at the moment when the aforementioned event causing damage occurs, the Client is in default of any obligation towards Devapo. The provisions of the first sentence do not apply if there is intent or willful recklessness on the part of Devapo itself in the performance of the Agreement, explicitly including its managerial subordinates.
18.2 Devapo is never liable for indirect damage, expressly including but not limited to trading loss, lost profit, unforeseen expenses, missed savings, loss of service, consequential damage (also with third parties), any other form of financial damage, including but not limited to the full extrajudicial collection costs and full legal costs, all possible claims from third parties, including but not limited to the end customers and employees of the Client, personal injury, property damage, loss of added value, damage related to the use of goods prescribed by the Client to Devapo , materials or software from third parties.
18.3 A condition for any right to compensation to arise is always that the Customer reports the damage to Devapo in writing as soon as possible after it has arisen. Any claim for compensation against Devapo lapses by the mere lapse of twenty-four (24) months after the claim arose, unless the Client has instituted a legal claim for compensation of the damage before the expiry of that period.
18.4 The provisions of this article as well as all other limitations and exclusions of liability mentioned in these Terms and Conditions also apply to the benefit of all (legal) persons that Devapo uses in the performance of the Agreement.
19. Force majeure
19.1 Force majeure, however arising, explicitly in any case also includes lack of, strike or illness of Devapo Personnel and third parties engaged by it, technical operational disruptions, fire, molestation, floods, strikes, lack of raw materials, blockages, import and export prohibitions, government measures, transport difficulties, the non-delivery or late delivery to Devapo of the Products, raw materials or other goods to be delivered to the Customer by third parties, as well as any other circumstance that is not exclusively dependent on the will of Devapo, gives Devapo at its option the right to either exceed the delivery or completion period or to dissolve the Agreement concluded with the Client, without Devapo being obliged to pay any compensation in this respect. Should the force majeure situation continue for more than four (4) months, both parties are entitled to dissolve the agreement by means of a written statement, in which case Devapo does not owe any compensation.
19.2 If at the time of dissolution pursuant to this article a part of the Agreement has already been performed by Devapo, the Customer is obliged to pay for the already delivered with due observance of the agreed price plus any costs already incurred by Devapo, whereby the Customer is obliged to pay these invoice as if it were a separate Agreement.
20. Applicable law and competent court
20.1 All legal relationships governed by these terms and conditions as well as Agreements resulting from or related to them are exclusively governed by Dutch law.
20.2 Client and Devapo agree to the exclusive jurisdiction of the court of East Brabant, location ‘s-Hertogenbosch (Netherlands).
B. SPECIAL CONDITIONS FOR THE PURCHASE OF PRODUCTS
These Special Conditions for the Purchase of Products apply additionally in addition to and insofar as they conflict, in deviation from the Conditions in General Part A and apply if Devapo sells Products to the Customer.
21. Buy and sell
21.1 Devapo sells the Products according to their nature and number as expressly agreed in writing, as the Customer buys from Devapo.
21.2 Devapo does not guarantee that the Products are suitable for the actual use and / or intended use by the Customer and / or end customer, unless the intended use is clearly specified in the written Agreement without reservation.
21.3 No part of the Agreement constitutes an obligation of Devapo to perform assembly and installation work or to supply assembly and installation materials, unless expressly agreed in writing.
22.1 Delivery takes place ex works Devapo carriage paid to the Customer or another destination to be indicated by him, within the Netherlands and Belgium excluding “Dutch islands”. The Products must be able to be supplied free of obstructions, no vertical transport is required and the Product is located on the ground floor. Transport can be done by Devapo’s own transport or by a third party. Transport takes place at the risk of the Customer if this takes place by or on behalf of him.
23.1 The guarantee conditions set by the manufacturer and / or Devapo apply to delivered Products. Devapo cannot be held liable for shortcomings in the compliance with warranty provisions by the manufacturer.
23.2 Unless explicitly agreed otherwise in writing and with due observance of the provisions in paragraph 4, the standard warranty on Products is 1 (one) year after delivery. Excluded from the warranty are all user parts and materials that are subject to normal wear and tear, but are not exhaustively mentioned: door seals, lighting, glass, wheels, gaskets and fuses.
23.3 Defects in delivered Products that fall under the warranty will be repaired, if this is necessary in Devapo’s opinion. Devapo reserves the right to replace these defects in the Product or to refund the invoice amount.
23.4 All warranty claims lapse if the Customer himself or herself makes changes or repairs to the delivered goods, or treats / uses them inappropriately or uses them for other purposes than the original intended purpose, all at the discretion of Devapo.
24. Products from suppliers
24.1 If and insofar as Devapo sells products from a supplier to the Client, a warranty will only be provided with regard to those products if Devapo can invoke a manufacturer’s warranty from that supplier in accordance with the conditions set therein.
24.2 Insofar as the guarantee provided by Devapo in fact concerns (the passing on of) a guarantee provided by a supplier to Devapo, the obligations of Devapo under that guarantee will never extend further than the obligations of that supplier in this respect towards Devapo.
C. SPECIAL CONDITIONS FOR SERVICES
The Special Conditions for Services (installation, maintenance and repair) apply additionally in addition to and, insofar as they conflict, in deviation from the conditions in General Part A and apply if Devapo services of any nature whatsoever (and whether or not in one of the other Special Terms and Conditions further detailed) to the Client.
25.1 Devapo will make every effort to perform its Services with due care, where appropriate in accordance with the agreements and procedures laid down in writing with the Client in the Agreement. All Services of Devapo are performed on the basis of a best efforts obligation, unless and insofar as Devapo has explicitly promised a result in writing and the result concerned has also been described with sufficient certainty in the Agreement.
25.2 If Devapo reports to the Client any obstacles or bottlenecks that may hinder or prevent the correct and / or timely performance of the Service, the Client must remedy those obstacles or bottlenecks as soon as they fall under the responsibility of the Client.
25.3 If during the performance of a Service it turns out that Devapo also performs another Service, a new Agreement must be entered into for this.
25.4 Devapo has the right at all times to expand, change and / or discontinue the Services offered.
25.5 Devapo is not obliged to follow instructions from the Client in the performance of Services, in particular not if this concerns instructions that change or supplement the content or scope of the Services. However, if such instructions are followed, the work in question will be reimbursed in accordance with the agreed or customary rates of Devapo.
25.6 Orders to provide Services end with their completion or at the time expressly determined by Devapo and the Client.
D. SPECIAL CONDITIONS FOR SERVICES (INSTALLATION)
26.1 If this has been expressly agreed in writing, Devapo will install and / or configure and / or connect the Products referred to in the Agreement on a date agreed between the parties at a location specified by the Client. The content and scope of the work to be performed and the associated (installation) regulations will be explicitly recorded in writing. In the absence thereof, the provisions of this article apply in any case.
26.2 The Customer will ensure that someone is present at the location to assist with the installation and / or configuration and / or connection of the Products and to provide unobstructed access and the necessary facilities to take care of the installation.
26.3 If the Customer will install, configure and connect the Products itself (or have them installed), this is entirely at the expense and risk of the Customer.
27. Installation Fee
27.1 Installations are carried out according to Devapo’s installation rates. The stated prices are net amounts exclusive of VAT.
28. Warranty on Installation
28.1 A warranty period of one (1) month applies to repairs carried out by Devapo.
28.2 All warranty claims will lapse if the Customer himself / herself makes changes or repairs to the delivered goods, or treats / uses them inappropriately or uses them for purposes other than the original intended purpose, all at the discretion of Devapo.
E. SPECIAL CONDITIONS FOR SERVICES (MAINTENANCE)
29. Maintenance Services
29.1 If this has been explicitly agreed in writing, Devapo will perform the agreed maintenance Services with regard to the Products referred to in the Agreement. The maintenance Services are performed on working days during Devapo’s usual office hours.
29.2 During the time that Devapo has the Products to be maintained, the Customer is not entitled to temporary replacement equipment, unless expressly agreed otherwise in writing.
29.3 If expressly agreed in writing between the parties, Devapo will also make every effort to perform preventive maintenance to the best of its ability. The Agreement may explicitly specify in writing which maintenance Services are performed by Devapo and what the applicable fee is.
29.4 If, in the opinion of Devapo, it is necessary for parts to be replaced to repair or prevent defects, Devapo is entitled to do so and the Client will owe a fee for this. The replaced parts become or remain the property of Devapo. Devapo will draw up a work statement of the performed maintenance Services, which is binding on the Client.
29.5 Devapo does not reasonably guarantee that the Products to be maintained will work without interruption, malfunction or other defects or that all defects will be corrected or all malfunctions will be permanently remedied.
29.6 The maintenance by Devapo does not relieve the Client of its own responsibility for the maintenance and management of the Products.
30. Obligations of the Client
30.1 The Customer must manage and use the Products to be maintained by Devapo with due diligence and take care of (timely) maintenance and / or replacement.
31. Maintenance fee
31.1 Unless explicitly agreed otherwise in writing, the price for the agreed maintenance Services never includes:
– costs of (the replacement of) consumables;
– costs of (the replacement of) parts as well as maintenance services for the repair of defects / malfunctions that are wholly or partly caused by attempts at repair by others than Devapo;
– relocation, relocation, reinstallation, disassembly, reassembly of Products or activities as a result thereof.
31.2 Payments in connection with the maintenance of Products are always due annually in advance from the start of the Agreement and regardless of whether the Customer has taken the Products into use or makes use of the option of maintenance.
31.3 In the absence of timely payment, Devapo is entitled to suspend the performance of maintenance Services without being obliged to pay any compensation towards the Client.
31.4 The Customer is at all times deemed to have given permission for replacement of the parts that, in the expert opinion of Devapo, are necessary to remedy the defect / malfunction of the Product for which Devapo must perform the maintenance Services.
32.1 Unless expressly agreed otherwise in writing, the maintenance Services to the Products do not include repair of defects or imperfections that are wholly or partly the result of or related to:
a) incorrect, careless or incompetent use of the Products;
b) external causes, such as damage caused by natural disasters, lightning strike, vandalism, dust collection, induction, fire, water damage and any other external cause;
d) changes, changes or repairs to the Products carried out by third parties who have not been trained and authorized by Devapo for these activities;
e) software and data installed on the Products;
f) waiving the Client’s maintenance obligation and / or the obligations laid down in Article 29 to have the Products serviced in a timely manner;
i) normal wear and tear – including scratches and aging;
k) other causes not attributable to Devapo.
32.2 Maintenance Services that, despite the fact that they are excluded on the basis of paragraph 1 of this article, are performed by Devapo at the request of the Client, will be performed by Devapo on the basis of the usual rates without prejudice to what has been agreed is due.
F. SPECIAL CONDITIONS FOR SERVICES (REPAIR)
33. Execution of repairs
33.1 Devapo will only carry out repairs on the instructions of the Client to Products manufactured by Devapo that:
– bought directly from Devapo;
– purchased from Devapo through a reseller, but only if the Product is from Devapo.
33.2 Devapo is entitled to outsource the repairs ordered, in whole or in part, to third parties.
34. Repair and investigation costs
34.1 The Customer will receive a quote for the research costs, repair costs (labor and parts), the costs of returning the Product and – if repair of the Product is carried out at a location other than Devapo’s location – the call-out costs. The repair will only be carried out after the Customer has agreed in writing to this quotation.
34.2 If the Client does not agree with the quotation or if the Client has not agreed to the quotation after three (3) reminders, Devapo will return the Product to the Client unrepaired at the expense of the Client and at its expense and risk. In that case, the Client continues to owe the agreed research and call-out costs (if applicable).
34.3 The Customer always owes research costs, even if the Product does not appear to be defective.
34.4 If the Client refuses or fails to pay the research and / or repair costs owed by it, including call-out costs, Devapo will retain the relevant Product for a period of three (3) months. After the expiry of this period, the Customer is deemed to have unconditionally and irrevocably renounced the relevant Product.
34.5 If the investigation carried out by Devapo reveals that the Product is irreparably damaged or can only be repaired for such repair costs that do not outweigh the market value of the Product, Devapo will report this to the Customer and the Customer will continue to report the research costs and any call-out costs. due.
34.6 When carrying out the repairs, Devapo is free to determine which parts are used.
35. Warranty on the repairs carried out
35.1 Repairs carried out by Devapo are subject to a warranty period of three (3) months on material, construction and / or repair errors. The repair invoice serves as a warranty certificate. The invoice date applies as the commencement date of the aforementioned guarantee.
35.2 The guarantee referred to in the first paragraph will lapse immediately if defects or malfunctions in the Products or parts thereof are wholly or partly the result of normal wear and tear – including scratches – and aging, such as gradual reduction of the image quality, (disproportionate) screen aging, burnt-in. images on the screen and / or pixel defects that fall within the design or that do not affect the functionality of the device, other malfunctions and / or defects caused by or to, whether or not replaced during the repair, parts that due to their nature and depending on the intensity of use, including plastic and glass.
35.3 Repair of a Product during the warranty period does not extend the duration of the warranty period as referred to in the first paragraph.