Terms and conditions


In this document the following words shall have the following meanings: 

1.1 "Buyer" means the organisation or person who buys Goods from the Seller;

1.2 "Goods" means the articles to be supplied to the Buyer by the Seller; 

1.3 "Intellectual Property Rights" means all patents, registered and unregistered designs,  copyright, trade marks, know-how and all other forms of intellectual property wherever in the  world enforceable; 

1.4 "List Price" means the list of prices of the Goods maintained by the Seller as amended from  time to time; 

1.5 "Seller" means HRC-Europe NL BV, Mortelstraat 7, 8211 AD Lelystad, The Netherlands

Telefon: +31 320 72 70 30 . E-mail: info@hrc-europe.com



2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to  the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on  by the Buyer whether in negotiation or at any stage in the dealings between the parties,  including any standard or printed terms tendered by the Buyer, unless the Buyer specifically  states in writing, separately from such terms, that it wishes such terms to apply and this has  been acknowledged by the Seller in writing. 

2.2 Any variation to these Terms and Conditions (including any special terms and conditions  agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. 



3.1 The price shall be that in the Seller’s current List Price, or such other price as the parties may  agree in writing. The price is exclusive of VAT or any other applicable costs. Carriage shall be  paid for by the Buyer in accordance to the current pricing as displayed on the website. 

3.2 Payment of the price and VAT and any other applicable costs is due on purchase. 



4.1 Any description given or applied to the Goods is given by way of identification only and the  use of such description shall not constitute a sale by description. For the avoidance of doubt,  the Buyer hereby affirms that it does not in any way rely on any description when entering  into the contract. 

4.2 Information is given without guarantee for possible errors.



5.1 Unless otherwise agreed in writing, delivery of the Goods shall take place at the address  specified by the Buyer on the date specified by the Seller. The Buyer shall make all  arrangements necessary to take delivery of the Goods whenever they are tendered for  delivery. 

5.2 The date of delivery specified by the Seller is an estimate only. Time for delivery shall not be  of the essence of the contract. 

5.3 If the Seller is unable to deliver the Goods for reasons beyond its control, then the Seller shall  be entitled to place the Goods in storage until such times as delivery may be effected and the  Buyer shall be liable for any expense associated with such storage. 

5.4 The Buyer shall be entitled to replacement Goods where the Goods have been damaged  during transportation. The Buyer must notify the Seller of the damage within 24 hours of  delivery. 


Risk in the Goods shall pass to the Buyer at the moment the Goods are dispatched from the  Seller`s premises. Where the Buyer chooses to collect the Goods itself, risk will pass when the  Goods are entrusted to it or set aside for its collection, whichever happens first. 


Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods. 


8.1 Where the Goods are found to be defective, the Seller shall replace defective Goods free of  charge within 1 month from the date of delivery, subject to the following conditions: 

8.1.1 the Buyer notifying the Seller immediately upon the defect becoming apparent; 

8.1.2 the defect being due to the faulty design, materials or workmanship of the Seller and  not due to misuse. 

8.2 Any Goods to be replaced shall be returned to the Seller at the Seller’s expense, if so requested  by the Seller. 

8.3 Where the Goods have been manufactured and supplied to the Seller by a third party, any  warranty granted to the Seller in respect of the Goods shall be passed on to the Buyer. 

8.4 The Seller shall be entitled in its absolute discretion to refund the price of the defective Goods  in the event that such price has already been paid. 

8.5 The remedies contained in this Clause are without prejudice to the other Terms and  Conditions herein, including, but without limitation, Clauses 9 and 10 below. 

8.6 Any goods that are un-opened and un-used within 14 days can be returned to the Seller for a  full refund including the postage.



9.1 No liability of any nature shall be incurred or accepted by the Seller in respect of any  representation made by the Seller, or on its behalf, to the Buyer, or to any party acting on its  behalf, prior to the making of this contract where such representations were made or given  in relation to: 

9.1.1 the correspondence of the Goods with any description;  

9.1.2 the quality of the Goods; or 

9.1.3 the fitness of the Goods for any purpose whatsoever. 


9.2 No liability of any nature shall be accepted by the Seller to the Buyer in respect of any express  term of this contract where such term relates in any way to: 

9.2.1 the correspondence of the Goods with any description;  

9.2.2 the quality of the Goods; or 

9.2.3 the fitness of the Goods for any purpose whatsoever. 


9.3 All implied terms, conditions or warranties as to the correspondence of the Goods to any  description or the satisfactory quality of the Goods or the fitness of the Goods for any purpose  whatsoever (whether made known to the Seller or not) are hereby excluded from the contract. 



10.1 Where any court or arbitrator determines that any part of Clause 10 above is, for whatever  reason, unenforceable, the Seller shall be liable for all loss or damage suffered by the Buyer  but in an amount not exceeding the contract price. 

10.2 Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude  the liability of the Seller for death or personal injury as a result of the Seller’s negligence or  that of its employees or agents. 



All Intellectual Property Rights produced from or arising as a result of the performance of this  Agreement shall, so far as not already vested, become the absolute property of the Seller, and  the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller  by the execution of appropriate instruments or the making of agreements with third parties. 



The Seller shall not be liable for any delay or failure to perform any of its obligations if the  delay or failure results from events or circumstances outside its reasonable control, including  but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or  machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for  such time as the Seller considers unreasonable, it may, without liability on its part, terminate  the contract. 



Nothing contained in these Terms and Conditions shall be construed as establishing or  implying any partnership or joint venture between the parties and nothing in these Terms and  Conditions shall be deemed to construe either of the parties as the agent of the other. 



The contract between the Buyer and Seller for the sale of Goods shall not be assigned or  transferred, nor the performance of any obligation sub-contracted, in either case by the  Buyer, without the prior written consent of the Seller. 



The failure by either party to enforce at any time or for any period any one or more of the  Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement. 



If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable  for any reason by any court of competent jurisdiction such provision shall be severed and the  remainder of the provisions hereof shall continue in full force and effect as if these Terms and  Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated. 



This Agreement shall be governed by and construed in accordance with the law of Nederlands and the parties hereby submit to the exclusive jurisdiction of the Nederland courts.