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Terms and Conditions (0112012)

Hattink Heesch is not responsible for typographical and printing on the site. Of unlawful price information or other information, can not legally binding.

Thermo King, Carrier, Kubota, Yanmar, Isuzu, Hwa Sung Thermo, Mitsubishi, Salpa, Laver, Hiswa are registered trademarks. * We are a free trader and not officially Thermo King / Carrier dealer.

All prices on the site are exclusive B.T.W. unless otherwise stated.

Rental and delivery and payment terms (for hire). Rental and delivery and payment terms are registered by kvk te 's-Hertogenbosch.

Delivery and payment (For Sale and Activities)

Article 1.Definities
The company Hattink Heesch operates as a trading or rental company (if any apply our rental conditions) and perform work in the field of cold technology and in air transport, which is party to any agreement, seeking to supply goods and / or merit and / or other benefits including the provision of repairs and / or maintenance. Customer or other party to the other parties just referred.

Article 2. Common
Unless otherwise agreed in writing by the parties to any agreement between Hattink Heesch and buyer / customer, regardless of whether the scope of that agreement the supply of goods and / or services and / or other services including repairs and / or maintenance, these general delivery apply. This also applies to (further / later) agreements between the parties, with applicability of these "general" unspecified delivery (express) is invoked, for example - are related - further agreements to carry out more work, repairs and / or maintenance.

Article 3. Offer
Offers of any kind are subject to change.
Offers are based on performance under normal circumstances
during normal working hours, based on the application by the customer information, drawings and such.
All copyright subject matters, which through the intermediary of Heesch Hattink to the customer continues to be made available to the original copyright holder reserved. In case a Hattink Heesch delivered / component, in which copyright, fit is part is part of another - to make - to remain the copyright of which he delivered / component in Hattink Heesch based, unless it Hattink Heesch expressly waives. The customer undertakes to take all information given to him by the intervention of Hattink Heesch be provided confidential. The customer is obliged to produce documents and other data carriers which authors law works or data referred to in the preceding sentences shall on first demand to hand over to Hattink Heesch, where the decision is not necessary in the context of the implementation of the agreement . Copyright viable business and information which the customer Hattink Heesch available, mutatis mutandis, the supplier accepts the obligations under the above provisions on the buyer to rest.

Article 4. Agreement
Hattink Heesch is first bound after its explicit acceptance of the contract and after receipt of the advance by contract, as Hattink Heesch advance requests.
Unless otherwise agreed in writing, the customer Hattink Heesch in each case a fee for drawing and making of the offer in cases where the buyer Hattink Heesch invited to do it, but ultimately no commission implementation. Buyer in that case Hattink Heesch actual costs in accordance with the Hattink Heesch's hourly rate and materials used by him.

Article 5. Size and nature of the
For the size and nature of the agreement is the confirmation of Hattink Heesch binding.
The agreement includes the delivery of the goods and / or services and / or other benefits, including maintenance and / or repairs, provided they have been specified.
The customer commits to the contract for ensuring that:
of activities to work properly adopted, the requirement of the job is done on time, that the implementation of the adopted Hattink Heesch work is not delayed:
at the request of Hattink Heesch and / or arrival of the materials one or more to the discretion of Hattink Heesch properly lit, dry and lockable to create spaces of sufficient size for the workshop and storage of materials free of charge, can be and eliminated, washing and toilet venues, etc., that the materials for the arrival of the engineers is led by him in a dry and secure place on the site are stored, in the immediate vicinity of the work. The customer should also ensure free delivery of energy such as gas, electricity and water, used for carrying out the work and completion of assignments are required.
The customer may not rely on the failure of the delivered to government regulations (particularly environmental regulations) if the requirements for closure of the agreement by the customer Hattink Heesch to hand, so that Hattink Heesch when making an offer thereby taking control. In subsequent amendments to these regulations, which changes the risk of the buyer, the buyer can not Heesch Hattink to be invoked.

Article 6. Termination of the Agreement
If buyer does not properly or timely comply with any obligation to it by this Agreement have been (including the obligation to decrease by the supplier deliverables), suspension of payments, suspension or liquidation of all or part of the business of the customer, he will be deemed by law to be in default and has Hattink Heesch without the right to demand, in-law or defects shall intervene with the customer agreement wholly or partially dissolved state, without any Hattink Heesch indemnity or warranty will be.
Hattink Heesch, where the agreement referred to in Article 6.1 or by the court is dissolved, be entitled to full compensation. Unless otherwise damage the Hattink Heesch want to calculate the damage fixed at 35% of the fee before the law (the) not yet implemented (sub-) agreement. Hattink Heesch do the right things in the context of a not yet fully executed agreement delivered back against the credit allowed by Hattink Heesch spent cost.
In Article 6.1, where Hattink Heesch the implementation of the Agreement and immediately suspend the payment in full of all claim which the buyer under the agreement is or will be. In addition, Hattink Heesch in this case the right to claim compensation for the damage which he, as a result of the suspension and suffer consequences.

Article 7. Prices
The offer and order are based on prices at the time of issue of the offer, or order applying cost.
If the cost of external factors between the time of the offer or order and timing of the delivery, performance or a change, then Hattink Heesch reserves the right, the price accordingly.

Article 8. Delivery
The agreed delivery time is as soon as Hattink Heesch the contract expressly confirmed in the possession of any customer in order to provide records, data and any required deposit has been received.
Exceeding the delivery time, for whatever reason, does not automatically lead to failure on the part of Hattink Heesch. Hattink Heesch hit towards first customer in default, after notice of default under the provision of a reasonable term still to come.
Exceeding the delivery time, for whatever reason, gives the customer no right to compensation for direct damage.
Exceeding the delivery time, for whatever reason, gives the customer no right to compensation for indirect damages or reimbursement of any costs whatsoever.
Exceeding the delivery time for whatever reason, does not entitle buyer to dissolution of the contract.
The delivery time is extended by the time during which continues its commitment customer negligence or any other obligation in the agreement.
Upon delivery including installation and customer service will, if requested by Hattink Heesch requested, an acquisition protocol to certify the complete business and company were ready, without prejudice to the provisions of Article 11.
In case the customer acquisition protocol is not signed, or after delivery no statement, as time and complete turnkey delivery when Hattink Heesch business as such was granted.

Article 9. Force Majeure
Notwithstanding the provisions of Article 6:75 BW are not taking risk Hattink Heesch, inter alia, the following conditions: strikes in the company of Hattink Heesch, strikes within the premises of the suppliers of Hattink Heesch, its carrier, governmental action, fire, weather, illness in the business of Hattink Heesch, suppliers and transporters, late deliveries, for whatever reason, by Hattink Heesch supplier (s) and its activated transport.

Article 10. Inspection and testing
If testing and / or testing by the buyer will Hattink Heesch be given opportunity to take test. The customer shall ensure timely provision of necessary auxiliary machinery, auxiliary and operating materials, water, energy, heating and lighting, all for his account and risk.
On Hattink Heesch opportunity will be given to concerns of the customer as a result of the test to come before the installation by the customer rejected or refused it. Rejection or refusal can not be based on non-compliance with government regulations (including environmental regulations) in this environment not to enter into the agreement by Hattink Heesch, and any obligation to comply with this part of the agreement. Subsequent amendments to these rules is the risk of customer.
The cost of testing for drawing the customer.
This inspection should not cause any delay in the progress of this or other activities Hattink Heesch. If customer within eight days after having the opportunity to test notified using this right, matters are deemed to be approved.

Article 11. Risk and ownership
From the time of delivery to the customer in the agreed area under 5.3.2 (n) is purchased or the appropriate parts for his account and risk. Unless otherwise agreed.
To secure the proper performance of any obligations agreed Hattink Heesch retains the title of the delivered until the customer with all his obligations under the agreement is fulfilled. Hattink Heesch may require the buyer to cooperate in establishment of a (free hold) lien on the goods delivered.
It may be delivered until the purchase is not paid in full to third parties not owned by, or on any other basis transferred, including the prohibition of establishment of the customer (no possession) pledge for third.
Without prejudice to the other its own rights, including Article 6.1, 6.2 and 6.3 Hattink rights Heesch irrevocably authorized by the customer, if they are to Hattink Heesch house payment would not comply in time, without notice or judicial intervention by him and movable and immovable property confirmed cases, confirmed cases in the first action to dismantle and take. All costs of dismantling back shall be borne by the customer.

Article 12. Guarantee delivery of goods
Hattink Heesch guarantee is liable for 12 months running after delivery (see 8.7 and 8.8) of the Hattink Heesch himself delivered in compliance with the provisions of paragraph 2 of this Article, provided that the warranty no longer than the warranty period for which Hattink Heesch warranty gives. This means that the guarantee obligation Hattink Heesch to the customer it can be shorter than 12 months as mentioned in the first part of this paragraph, or whole can be deleted.
The guarantee obligation is divided into two parts:
for three months after the previous paragraph, turnkey delivery Hattink Heesch held direct damage to the Hattink delivered Heesch itself or parts thereof which are found defective due to material, construction, assembly or manufacturing errors completely free of charge to replace or restore, or it chooses the invoice to be credited. Hattink Heesch is never liable to buyer for indirect damages, nor for the resulting environmental damage including emissions of (H) CFCs or other substances whose emission is not allowed.
During a period of nine months following the period of three months referred to in the preceding paragraph, provided that the period of twelve months, given the provisions in the first paragraph, should be reduced, if the warranty of the supplier of Hattink Heesch shorter to the supplier is obliged to re Hattink Heesch supply of goods or components, which are found defective due to material, construction, assembly or manufacturing defects. This conversion shall af suspension supplier, excluding installation costs. Hattink Heesch is not required in this paragraph shall guarantee duty bound to do if more than 15 months have elapsed since the delivery of the installation by Hattink Heesch by customer. The foregoing is without prejudice to 12.2.1
To in paragraphs 1 and 2 guarantee obligation shall be extinguished if one or more of the following conditions arise:
the defective nature of the business or parts is not immediately after adoption to Hattink Heesch communicated.
the defects is due to improper use or inadequate maintenance.
by Hattink Heesch or third parties delivered to the work without a written approval is obtained Hattink Heesch;
the customer is negligent remained its obligations from the agreement.
The paragraph in this Article 2.2 shall expire nine months under warranty to repair or replace things that are reasonably suitable (including the costs) will the customer Hattink Heesch, at his request, be returned.
Repair and / or replacement of a component will guarantee all the goods delivered is never extended.
Unless otherwise expressly agreed Hattink Heesch only obliged to fulfill within the Netherlands in this Article warranty.

Article 13. Warranty repair and / or maintenance
Hattink Heesch guarantee is liable for three months from the time Hattink Heesch maintenance, repair actually has finished, ie when Hattink Heesch work has left, or when Hattink Heesch maintenance, repair actually considered terminated. The guarantee given to the adequacy of the Hattink Heesch materials to repair and / or maintenance, for the duration of three months, provided that the period is never longer than the warranty period during which the supplier of Hattink Heesch in turn to Hattink Heesch warranty gives. This means that the guarantee obligation Hattink Heesch to the customer it can be shorter than three months as mentioned in the first part of this paragraph, or entirely deleted.
The guarantee obligation is divided into:
warranty by Hattink Heesch's repair and / or maintenance;
guarantee on its materials used in that context. No warranty is granted in case of disturbances, which are not the direct cause in the Hattink Heesch's repair and / or maintenance, or materials in this regard.
The guarantee obligation shall expire if one or more below those circumstances arise:
The soundness of any repairs, maintenance is not immediately after adoption to Hattink Heesch communicated;
customer or anyone other than Hattink Heesch maintenance or repairs carried out;
recipient, or third, or in combination with other equipment changes and changes.
the plant operates under adverse climatic factors;
the plant is damaged by any cause whatsoever;
the installation does not have a good alarm system worked for 24 hours on a hotline, or equivalent means for this for 24 hours' supervised '(this only stationary installations);
the customer is negligent remained its obligations under this Agreement;
The defects are due to improper use or inadequate maintenance, controls, crossing of preventive control or compulsory leakproofness control (CFC Verification) for which customer self-responsibility.
For three months after the service or repair for three months after termination of the maintenance is Hattink Heesch to no more than required to replace the part of repair and maintenance parts delivered or business, or to the re-provision of maintenance and repair which are not properly implemented. Hattink Heesch is not liable to the above direct damage.
Hattink Heesch is never liable to buyer for indirect damages, nor for the resulting environmental damage, including emissions of (H) CFCs or other substances whose emission is not allowed.

Article 14. Liability
With regard to the other provisions of these terms and conditions prescribed in this regard will Hattink Heesch never be liable for any direct damage to the goods delivered by him for any indirect damage caused by it delivered, or caused by, among its responsibilities delivered and / or services and / or other benefits, including maintenance and repair, regardless of whether the damage to customer or third party has begun to emerge.
The customer will Hattink Heesch free for all costs, damages and interest, which Hattink Heesch by third parties, regarding the execution of his contract is used.
The customer is liable for not Hattink delivered Heesch construction part, the work and supplies and / or work / services of third parties brought in, provided by the customer Hattink Heesch are required (sub-contractors, agents, ect.) And / or to the adverse effects resulting from the condition of the soil. The buyer is also obliged to Hattink Heesch the damage he effects of the defective part of the architectural and / or condition of the soil may suffer.
Hattink Heesch warrants that it is not terminated or otherwise become known that he deliverables any infringement of patents and similar rights of third parties could bring. If nevertheless the Hattink Heesch's performance infringement of patents, etc. pose or effect, all consequences of that fact on behalf of the buyer unless there is intent and gross negligence on the part of Hattink Heesch.

Article 15. Payment
All payments without deduction and / or compensation be made in the manner agreed.
If the customer does not pay within the agreed time, he is deemed to be legally in default, and has Hattink Heesch without any notice to him right from the expiry date on the outstanding amount payable to and rate at the statutory rate. In addition, Hattink Heesch the right at all to the recovery of his claim includes judicial and extrajudicial fees.
During the implementation of the Agreement is Hattink Heesch, when there is serious evidence of which doubts about the solvency of the customer justify the right to fulfill its obligations to suspend until the buyer on his request, with sufficient security for the fulfillment of his obligation that agreement.

Article 16. Jurisdiction
The offers, contracts, legal relationships and transactions subject to the terms and conditions is only applicable Dutch law, which explicitly include Book 6 Title 5 Section 3 Civil Code.
All disputes should arise from an agreement to which these general conditions in whole or in part of application or in connection with further agreements are a consequence of such agreement will be brought before the court within the district which is Hattink Heesch located, unless the Court jurisdiction in the case of legal rules on relative skill set.

Regarding rental:
Rental and delivery and payment conditions registered by kvk te 's-Hertogenbosch

Hattink Thermo Parts

Keersluisweg 15

5433NM Katwijk (Cuijk)

Tel.: +31 (0) 412 - 65 14 83

Fax: +31 (0) 412 - 64 20 38




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