General terms and conditions

GENERAL TERMS AND CONDITIONS OF DELIVERY
Tacknova B.V. - Solartack

Article 1: Definitions

1.1. In these general terms and conditions of delivery, the following definitions apply:

a. the private company Tacknova B.V., established in Veenendaal, the Netherlands, or an affiliated company that uses these conditions; Tacknova B.V. trading under the name Solartack,
b. Supplier: any natural person or legal entity offering or supplying goods or services to Tacknova B.V. - Solartack;
c. Customer: any natural person or legal entity purchasing products from Tacknova B.V. - Solartack;
d. Adhesives: the adhesive products offered by Tacknova B.V. ;
e. Goods/Products: all items supplied by Tacknova B.V., including the adhesives;
f. Agreement: any agreement between Tacknova B.V. and a customer or supplier;
g. Conditions: these general terms and conditions of delivery apply to Tacknova B.V.

Article 2: Applicability

  1. These conditions apply to all offers, agreements, and deliveries of products by Tacknova B.V., unless expressly agreed otherwise in writing.
  2. Tacknova B.V. does not accept any general terms and conditions of the customer or supplier, unless otherwise agreed in writing.

Article 3: Offers and Advice

  1. All offers from Tacknova B.V. - Solartack are non-binding, regardless of their form.
  2. All data provided with an offer – such as images, drawings, calculations, prices, catalogues or specifications – are as accurate as possible, but are only binding if confirmed in writing or electronically.
  3. Information and advice from Tacknova B.V. - Solartack are general in nature and non-binding.
  4. Advice regarding the use or applicability of adhesives is non-binding, as suitability depends on variables such as material types, load, temperature, humidity, adhesive dosage, injection distance, and the overall application. Customers must always independently test suitability.

Article 4: Agreement

  1. An agreement is only concluded after Tacknova B.V. -Solartack has confirmed the order in writing or by email, or at the moment Tacknova B.V. -Solartack commences performance of the order.
  2. The order confirmation serves as a correct representation of the content of the agreement.
  3. Additions, changes, and commitments are only binding if confirmed in writing or by email by Tacknova B.V. - Solartack.
  4. The customer may not transfer any rights from the agreement to third parties without the written consent or email consent of Tacknova B.V. - Solartack.
  5. Tacknova B.V. - Solartack is entitled to engage third parties for the execution of the agreement if it deems this necessary or desirable.

Article 5: Prices and invoicing

  1. Unless otherwise agreed, all prices are exclusive of VAT and shipping costs.
  2. Unless otherwise agreed, all prices are exclusive of VAT and shipping costs. Tacknova B.V. - Solartack applies a 14-day payment term, unless agreed otherwise in writing or by email.

Article 6: Delivery Time

  1. Delivery times are indicative and do not constitute a definitive deadline.
  2. Delivery times are based on normal circumstances and timely delivery by third parties. In case of delay, the delivery time will be extended by the duration of the delay.

Article 7: Delivery

  1. Unless agreed otherwise in writing or by email, delivery takes place Ex Works (EXW, Incoterms 2020) from the warehouse of Tacknova B.V. -Solartack.
  2. Minor deviations in specifications are permitted and do not constitute grounds for price adjustment.
  3. If a product is not available, Tacknova B.V. - Solartack will inform the customer as soon as possible. If delivery is no longer possible, the agreement will be dissolved free of charge and the amount paid will be refunded.

Article 8: Warranty and Conformity

  1. Delivered goods must comply with the agreement.
  2. Tacknova B.V. - Solartack offers no guarantee regarding the suitability of products for a specific purpose. Advice is non-binding and general. Customers must test this themselves.
  3. If applicable, Tacknova B.V. - Solartack provides information on third-party warranties.

Article 9: Complaints (Claims)

  1. The customer must check delivery for conformity within 24 hours.
  2. Visible defects must be reported in writing or by email within 7 days.
  3. Hidden defects must be reported within 7 days of discovery, but no later than 2 months after delivery.
  4. The customer must retain evidence and make it available for inspection.
  5. In the event of non-conformity and timely notification, Tacknova B.V. - Solartack will repair or replace, at its discretion. Dissolution is only permitted if Tacknova B.V. - Solartack refuses repair or replacement.
  6. The customer is obliged to mitigate damages in case of defects, such as stopping the processing of products.
  7. Complaints about invoices must be submitted within 7 days.
  8. Returns will only be accepted after written or emailed permission from Tacknova B.V. - Solartack, stating order and invoice details.
  9. Complaints submitted late or incomplete will lapse.

Article 10: Liability

    1. Tacknova B.V. - Solartack is only liable for direct damage resulting from its actions or omissions.
    2. Tacknova B.V. - Solartack is not liable for consequential damages, including business or consequential loss, third-party claims, or damage to processed materials.
    3. Any liability is limited to the invoice amount of the relevant agreement with Tacknova B.V. - Solartack label (excl. VAT), with the understanding that liability for private label products is expressly excluded.
    4. If the limitation cannot be invoked, liability is limited to the insured amount including the deductible.
    5. If Tacknova B.V. - Solartack is sued by third parties, the customer indemnifies Tacknova B.V. - Solartack if Tacknova B.V. - Solartack is not liable under these conditions.
    6. Tacknova B.V. - Solartack is not liable for infringement of intellectual property rights if these arise from information supplied by the customer.
    7. If applicable, Tacknova B.V. - Solartack has the right of recourse against the customer.
    8. Limitations of liability do not apply in cases of intent or deliberate recklessness on the part of management of Tacknova B.V. - Solartack.
    9. Limitations do not apply if this conflicts with mandatory law.
    10. Damage also includes all other claims arising from attributable shortcomings, unlawful acts, dissolution, annulment, or unjust enrichment. The customer waives the right to adjust the agreement on the basis of article 6:230 paragraph 2, 6:258 and/or 3:53 paragraph 2 of the Dutch Civil Code.

    Article 11: Final Provisions

    1. Product labels are for informational purposes and have no legal meaning.
    2. Dutch law applies exclusively to all transactions.
    3. The Vienna Sales Convention (CISG) and similar international sales regulations only apply insofar as not excluded by mandatory Dutch law.
    4. Disputes will be exclusively submitted to the competent court in Utrecht, unless mandatory law dictates otherwise.
    5. In case of discrepancies between language versions of these terms and conditions, the Dutch version shall prevail.