General terms and conditions of installation and use
HGP International
HGP International is a trade name of HGP Exploitatie B.V., The
Netherlands, registered with the Chamber of Commerce under
number 56180586.
These terms and conditions have been filed with the Chamber of
Commerce.
Applicability and formation of agreement
1. These General terms and conditions of installation and use
apply, with the exclusion of customer’s terms and conditions,
to the installation and use of all HGP International products.
2. In addition to and without prejudice to the General terms and
conditions of sale and delivery, these General terms and
conditions of installation and use apply to the legal
relationship between HGP International, including third
parties engaged by HGP International, on the one hand, and
one or more customers and / or users on the other hand, in
the context of the installation and use of HGP International
products.
Use of products
3. The customer must at all times follow the instructions and
directions regarding the use of HGP International products.
Any guarantee and / or liability of HGP International will be
null and void if the instructions and directions have not been
fully followed.
Exonerations
4. Installation is entirely at the risk of the customer. HGP
International is not liable for any damage caused during
installation, unless the damage was caused by intent or
deliberate recklessness on the part of HGP International. In
no case is HGP International liable for consequential damage
and / or indirect damage. Without prejudice to the above, the
following limitations of HGP International's liability apply.
5. HGP International offers a guarantee with respect to the
products if and insofar this has been agreed in writing
between the parties upon conclusion of the agreement or
insofar as HGP International is legally obliged to do so.
6. Subject to any mandatory obligations arising from the law,
HGP International is never obliged to compensate any loss,
except in the event of intent or willful recklessness.
7. Any liability for consequential loss or loss of profits, indirect
loss, lost profits and loss owing to stoppage of the customer
and/or the customer's customers is explicitly excluded under
all circumstances. Liability is always limited to the amount
insured or paid by HGP International. In the event of loss that
is not or only partially covered, HGP International's liability is
always limited to the invoice amount of the specific delivery
or partial delivery.
Other
8. Should any provisions of these General terms and conditions
of installation and use be null and void, be annulled, or be
unenforceable, this will not have any consequences for the
validity of all other provisions or the agreement.
9. If and insofar HGP International cannot invoke any provision
of these General terms and conditions of installation and use
or the agreement, then said provision will be construed as
having a content and purport that is as much as possible in
accordance with the original provision, allowing it to be
invoked by HGP International.
10. All costs, judicial and extrajudicial, related to the collection of
sums owed to HGP International are fully for the account of
the customer.
11. The legal relationship between HGP International and the
customer will be governed by Dutch law, under exclusion of
the Vienna Sales Convention, and all disputes will be settled
exclusively by the competent court in the District of
Amsterdam, The Netherlands.
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