{"id":3337,"date":"2022-08-17T13:35:17","date_gmt":"2022-08-17T13:35:17","guid":{"rendered":"https:\/\/www.qualifiednetworks.com\/terms-of-sale\/"},"modified":"2025-11-20T19:45:03","modified_gmt":"2025-11-20T19:45:03","slug":"verkaufsbedingungen","status":"publish","type":"page","link":"https:\/\/www.qualifiednetworks.com\/de\/verkaufsbedingungen\/","title":{"rendered":"Verkaufsbedingungen"},"content":{"rendered":"

[vc_row][vc_column][vc_column_text]<\/p>\n

INTERPRETATION<\/h3>\n

1.1<\/strong> In these Conditions: : \u2018Buyer\u2019: means the person who buys Goods from the Seller; \u2018Conditions\u2019
\nmeans the standard terms and conditions of sale set out in this document and (unless the
\ncontext otherwise requires) includes any special terms and conditions agreed in Writing between
\nthe Buyer and the Seller; \u2018Contract\u2019 means the contract for the purchase and sale of the Goods
\nbetween the Buyer and the Seller; \u2018Goods\u2019 means the goods (including any instalment or parts of
\nthem) which the Seller is to supply under a Contract and includes any computer software and any
\nconfiguration work carried out to goods before delivery; \u2018Intellectual Property Rights\u2018 mean rights
\nin all intellectual and industrial property rights including patents, registered trademarks,
\nregistered designs, utility models, copyrights (including rights in computer software), database
\nrights, applications for any rights to apply for any of the foregoing, unregistered trademarks,
\ndesign rights, rights in get-up and look and feel, know-how, rights to prevent passing off for unfair
\ncompetition and copyright, moral rights, database rights, topography rights, and any other rights
\nin any invention, discovery or process, in each case in the Netherlands and all other countries in
\nthe world and whether registered or unregistered and together with all renewals and extensions;
\n\u2018Loss\u2019 means any indirect or consequential loss or any (whether direct or indirect) economic loss,
\nloss of profits, loss of business, loss, and\/or corruption, of data, loss of contract, loss of savings
\nor depletion of goodwill or similar loss; \u2018Order\u2018 means a purchase order for Goods submitted by
\nthe Buyer to the Seller and which is accepted by the Seller; \u2018Seller\u2019 means whichever of Qualified
\nNetworks (registered in The Netherlands under number 70857091) and \u2018Writing\u2019 includes fax,
\nemail and comparable means of communication (and \u2018Written\u2019 shall be construed accordingly).
\n1.2<\/strong> Any reference in these Conditions to any provision of a statute shall be construed as a
\nreference to that provision as amended, re-enacted or extended at the relevant time.
\n1.3<\/strong> The headings in these Conditions are for convenience only and shall not affect their
\ninterpretation.
\n1.4<\/strong> Unless the context requires otherwise, words denoting the singular shall include the plural
\nand vice versa and words denoting any one gender shall include all genders and words denoting
\npersons shall include individuals, bodies corporate, unincorporated associations and
\npartnerships.
\n1.5<\/strong> Any lists or examples following the word \u201cincluding\u201d shall be interpreted without limitation to
\nthe generality of the preceding words.
\n1.6<\/strong> If there is a conflict between these Conditions and an Order, the terms of the Order shall take
\nprecedence but only to the extent that a term is unambiguously and expressly stated to vary
\nthese Conditions.<\/p>\n

BASIS OF SALE<\/h3>\n

2.1<\/strong> The Buyer agrees to purchase the Goods from the Seller and the Seller agrees to sell the
\nGoods to the Buyer on the terms and subject to the conditions of these Conditions.
\n2.2<\/strong> By placing an Order with the Seller or accepting the Seller\u2019s quotation, the Buyer agrees to
\ndeal with the Seller on the terms and conditions set out in these Conditions, to the exclusion of all
\nother terms, conditions, warranties or representations (including any terms or conditions on
\nwhich the Buyer purports to accept the quotation or to apply under any purchase order,
\nconfirmation of order, specification or any other document). These Conditions shall govern and
\nare incorporated into each and every Contract.
\n2.3<\/strong> No variation to these Conditions shall be binding unless agreed in Writing between the
\nauthorised representatives of the Buyer and the Seller.
\n2.4<\/strong> The Seller\u2019s employees or agents are not authorised to make any representations concerning
\nthe Goods unless confirmed by the Seller in Writing.
\n2.5<\/strong> In entering into a Contract the Buyer acknowledges that it does not rely on, and
\nunconditionally waives any right it may have to claim damages for and\/or to rescind the Contract
\nas a result of, any representations (other than fraudulent misrepresentations) not contained in
\nthese Conditions or which are not otherwise confirmed in Writing by the Seller.
\n2.6<\/strong> Any advice or recommendation given by the Seller or its employees or agents to the Buyer or
\nits employees or agents as to the storage, application or use of the Goods which is not confirmed
\nin Writing by the Seller is followed or acted on entirely at the Buyer\u2019s own risk, and accordingly the
\nSeller shall not be liable for any such advice or recommendation which is not so confirmed.
\n2.7<\/strong> Any typographical, clerical or other error or omission in any sales literature, quotation, price
\nlist, acceptance of offer, invoice or other document or information issued by the Seller shall be
\nsubject to correction without any liability on the part of the Seller.
\n2.8<\/strong> Without prejudice to the generality of the application of Condition 2.7 the Seller shall be
\nentitled to correct any error contained in any quotation issued by electronic communication to the
\nBuyer by a representative of the Seller without any liability on the part of the Seller. The Buyer
\nhereby acknowledges that due to the informality and ease of electronic communication errors
\ncan occur more readily than by other means of communication but that such errors are capable
\nof being corrected by the Seller without any liability or the Seller being bound to sell in
\naccordance with such mistaken terms.
\n2.9<\/strong> Upon the Seller discovering an error in the price of Goods ordered by the Buyer, the Seller
\nmay inform the Buyer of such error as soon as possible and may give the Buyer the option of
\nreconfirming its order at the correct price or cancelling its order. If the Seller is unable to contact
\nthe Buyer, the Buyer agrees that the Seller may treat the order as cancelled. If the order is
\ncancelled at any time after the order has been paid for at the incorrect price, the Seller will
\nprovide the Buyer with a full refund as soon as possible.
\n2.10<\/strong> It is the buyer\u2019s responsibility to check that the equipment purchased from Qualified
\nNetworks B.V. is of EU origin and deemed for sale within the EU. Qualified Networks will not be
\nresponsible for any loss or claim against the customer by their customer or the original
\nequipment Manufacturer. By placing a Purchase Order with Qualified Networks B.V. you are
\naccepting these conditions.<\/p>\n

ORDERS AND SPECIFICATIONS<\/h3>\n

3.1<\/strong> Each Order or acceptance of a Written quotation for Goods by the Buyer shall be deemed to
\nbe an offer by the Buyer to purchase the Goods subject to these Conditions which shall be
\nbinding on the Buyer. No order submitted by the Buyer, or acceptance by the Buyer of a Written
\nquotation, shall be deemed to be accepted by the Seller unless and until confirmed in Writing by
\nthe Seller\u2019s authorised representative.
\n3.2<\/strong> The Buyer shall be responsible to the Seller for ensuring the completeness and accuracy of
\nthe terms of any Order (including any applicable specification submitted by the Buyer) and for
\ngiving the Seller any necessary information relating to the Goods within a sufficient time to
\nenable the Seller to perform the Contract in accordance with these Conditions.
\n3.3<\/strong> The quantity, price, delivery details, quality and description and any specification for the
\nGoods shall be those set out in the Order (if accepted by the Seller).
\n3.4<\/strong> All samples, drawings, descriptive matter, specifications and advertising issued by the Seller
\nand any descriptions or illustrations contained in the Seller\u2019s catalogues or brochures or websites
\nare issued or published for the sole purpose of giving an approximate idea of the Goods
\ndescribed in them. They shall not form part of the Contract and this is not a sale by sample.
\n3.5<\/strong> Any quotation is valid for a period of 2 days or such shorter period as the Seller may at the
\ntime specify from its date, provided that the Seller has not previously withdrawn it.
\n3.6<\/strong> If the Goods are to be manufactured, built or any process is to be applied to the Goods by the
\nSeller in accordance with a specification submitted, or requested, by the Buyer or imported into
\nthe EEA at the request of or on the instructions of the Buyer, or the Goods are to be marked with
\nany trade mark at the request of the Buyer, the Buyer shall indemnify and hold the Seller harmless
\nin full and on demand against: (a) all Loss, damages, costs (including legal costs) and expenses
\nawarded against or incurred by the Seller in connection with or paid or agreed to be paid by the
\nSeller in settlement of any claim for infringement of third party Intellectual Property Rights arising
\ntherefrom; (b) all damages, costs (including legal costs) and expenses awarded against or
\nincurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of
\nany claim for misuse of any confidential information of any other persons; and (c) any other
\nliability whatsoever which results from the Seller\u2019s use of the Buyer\u2019s specification or the marking
\nof the Goods or from the sale or supply of such Goods by the Seller.
\n3.7<\/strong> The Seller reserves the right to make any changes in the specification of the Goods which are
\nrequired to conform with any applicable EU law or regulation or other legal requirements or,
\nwhere the Goods are to be supplied to the Seller\u2019s specification, which do not materially affect
\ntheir quality or performance.
\n3.8<\/strong> The Seller reserves the right to amend, modify or change the specification of the Goods to
\nthe extent the relevant manufacturer of Goods does the same but provided only that such
\namendment, modification or change does not materially detract from the overall quality or
\nperformance of the Goods.
\n3.9<\/strong>
\nNo order which has been accepted by the Seller or Written quotation which has been accepted by
\nthe Buyer may be cancelled in whole or part by the Buyer.
\nThe only exception made is when the buyer and seller have this agreement in writing before:
\n\u2022 The buyer accepted a written quotation of the seller.
\n\u2022 The seller accepted an order from the buyer.
\nIn such circumstances the Buyer shall indemnify and hold the Seller harmless in full against all
\nLosses, costs (including the cost of all labour and materials used), damages, charges and
\nexpenses incurred by the Seller as a result of cancellation and further including without prejudice
\nto the generality of the foregoing a re-stocking fee of 30% of the price of the Goods.
\n3.10<\/strong> THE BUYER ACKNOWLEDGES THAT THE GOODS ARE NOT DESIGNED, OR AUTHORISED,
\nFOR USE IN ANY LIFE SUPPORT, OR OTHER APPLICATIONS, WHERE PRODUCT FAILURE COULD
\nCAUSE, OR CONTRIBUTE TO, PERSONAL INJURY OR DEATH.
\n3.11<\/strong> As between the parties, all Intellectual Property Rights in the Goods are the property of the
\nSeller.<\/p>\n

PRICE OF THE GOODS<\/h3>\n

4.1<\/strong> The price of the Goods shall be the price detailed on an Order and accepted by the Seller or,
\nas applicable, the Seller\u2019s quoted price at the date of its acceptance of the Order.
\n4.2<\/strong> The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to
\nincrease the price of the Goods to reflect any increase in the cost to the Seller which is due to any
\nfactor beyond the reasonable control of the Seller (such as, without limitation, any foreign
\nexchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of
\nlabour, materials or other costs of manufacture), any change in delivery dates, quantities or
\nspecifications for the Goods which is requested by the Buyer, or any delay caused by any
\ninstructions of the Buyer or failure of the Buyer to give the Seller adequate information or
\ninstructions.
\n4.3<\/strong> Except as otherwise stated under the terms of any quotation or Order and unless otherwise
\nagreed in Writing between the Buyer and the Seller, all prices are given by the Seller on an Ex
\nWorks basis (Incoterms 2010) and, where the Seller agrees to deliver the Goods otherwise than
\nat the Seller\u2019s premises, the Buyer shall be liable for the cost of delivery to the Buyer\u2019s premises
\n(or requested place of delivery, if different) including, without limitation, transport and packaging
\ncosts and insurance costs, together with any additional expense, licence fees, import\/export
\nduties, customs fees, levies or other tax of any nature paid or incurred by the Seller.
\n4.4<\/strong> The Seller and Buyer agree that all prices quoted are exclusive of insurance.
\n4.5<\/strong> The price is exclusive of any applicable value added tax, which the Buyer shall be additionally
\nliable to pay to the Seller where applicable.<\/p>\n

TERMS OF PAYMENT<\/h3>\n

5.1<\/strong> Subject to any special terms agreed in Writing between the Buyer and the Seller, the Seller
\nshall be entitled to invoice the Buyer for all amounts due under the Contract on or before or at any
\ntime after delivery of the Goods, unless the Goods are to be collected by the Buyer or the Buyer
\nwrongfully fails to take delivery of the Goods, in which event the Seller shall be entitled to invoice
\nthe Buyer for the price at any time after the Seller has notified the Buyer that the Goods are ready
\nfor collection or (as the case may be) the Seller has tendered delivery of the Goods.
\n5.2<\/strong> All payments shall be made in \u20ac, for such other currency as notified by the Seller from time to
\ntime.
\n5.3<\/strong> If the Seller approves the Buyer\u2019s application for a credit account, the Seller may set such
\ncredit limit, and may also vary any credit limit, as it deems appropriate from time to time.
\n5.4<\/strong> The Seller reserves the right, at its discretion and without prior written notice, to immediately
\nterminate or suspend availability of the credit account if: (a) any of the circumstances detailed at
\nCondition 9.1(a)-(i) (inclusive) arise; or (b) any other circumstances arise which, in the Seller\u2019s
\nview, suggest it would be prudent to do so and, in each case, all amounts outstanding from the
\nBuyer to the Seller will become immediately due and payable.
\n5.5<\/strong> The Buyer shall make payment of all amounts due under the Contract (free from any right of
\nset-off, counterclaim, withholding or deduction of any kind, those rights being expressly
\nexcluded) on the date as stipulated on the front of the sales invoice unless agreed otherwise in
\nWriting, notwithstanding that delivery may not have taken place and legal title to the Goods has
\nnot passed to the Buyer. Where no such date is specified on the sales invoice or agreed in Writing
\nbetween the parties, the Buyer shall make payment to the Seller in full within 30 days of the date
\nof the invoice.
\n5.6<\/strong> The time of payment of the price shall be of the essence. Receipts for payment will be issued
\nonly upon request.
\n5.7<\/strong> No payment shall be deemed to have been received until the Seller has received cash or
\ncleared funds.
\n5.8<\/strong> All amounts payable to the Seller under the Contract shall become due immediately on its
\ntermination despite any other provision to the contrary.
\n5.9<\/strong> If the Buyer fails to make any payment on the due date then, without prejudice to any other
\nright or remedy available to the Seller, the Seller shall be entitled to: (a) cancel the Contract or
\nsuspend any further deliveries to the Buyer; (b) declare that all unpaid balances owing to the
\nSeller from the Buyer shall become immediately due and payable, regardless of previously agreed
\npayment terms; (c) require the immediate return to the Seller of all Goods agreed to be sold by
\nthe Seller to the Buyer in which legal title has not passed to the Buyer in accordance with the
\nprovisions of Condition 7 below and the Buyer agrees to reimburse to the Seller on demand the
\nSeller\u2019s costs or expenses in recovering such Goods; (d) appropriate any payment made by the
\nBuyer to such of the Goods (or the goods supplied under any other contract between the Buyer
\nand the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the
\nBuyer); (e) charge the Buyer interest (both before and after any judgement on the amount unpaid
\nat the rate of 4% per cent per annum (or, if higher, the rate payable under the Late Payment of
\nCommercial Debts (Interest) Act 1988) until payment in full is made (a part of a month being
\ntreated as a full month for the purpose of calculating interest); (f) recover from the Buyer all
\ncosts, charges and expenses incurred by the Seller in recovering any debts to be paid by the
\nBuyer (including all legal costs on a full indemnity basis); and (g) charge (in addition to interest
\nand any legal costs ordered by the Court and without prejudice to any other rights or remedies
\navailable to the Seller) the sum of \u20ac100.00 plus VAT or 10% of the total debt, whichever is the
\ngreater, by way of liquidated damages and as a contribution to administrative costs incurred by
\nthe Seller in taking steps to secure payment.<\/p>\n

DELIVERY<\/h3>\n

6.1<\/strong> Delivery of the Goods shall be made Ex Works (Incoterms 2010) at any time after the Seller
\nhas notified the Buyer that the Goods are ready for collection or if, some other place for delivery
\nis agreed by the Seller, by the Seller delivering the Goods to that place in accordance with the
\napplicable Incoterm agreed between the parties in Writing.
\n6.2<\/strong> Where the Goods are delivered to a place other than the Seller\u2019s premises, the Buyer shall
\nprovide at its own cost and expense all necessary labour and equipment to enable the Goods to
\nbe safely unloaded at the alternative delivery address.
\n6.3<\/strong> Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be
\nliable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of
\nthe essence. The Goods may be delivered by the Seller in advance of the quoted delivery date
\nupon giving reasonable notice to the Buyer and the Buyer agrees to accept and take delivery of
\nthe Goods on such earlier date.
\n6.4<\/strong> The Seller shall be entitled to deliver the Goods in instalments. Where the Goods are
\ndelivered in instalments, each delivery shall constitute a separate contract and failure by the
\nSeller to deliver any one or more of the instalments in accordance with these Conditions or any
\nclaim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat
\nthe Contract as a whole as repudiated.
\n6.5<\/strong> Subject always to Condition 8, if the Seller fails to deliver the Goods for any reason other than
\nany cause beyond the Seller\u2019s reasonable control or the Buyer\u2019s fault and the Seller is accordingly
\nliable to the Buyer, the Seller\u2019s liability for its failure to deliver shall be limited to the excess (if
\nany) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those
\nnot delivered over the price of the Goods.
\n6.6<\/strong> Subject to other provisions of these Conditions, the Seller shall not be liable for any Loss,
\ncosts, damages, charges or expenses caused directly or indirectly by any delay in the delivery of
\nthe Goods, nor shall any delay entitle the Buyer to terminate or rescind the Contract.
\n6.7<\/strong> If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery
\ninstructions at the time stated for delivery (otherwise than by reason of any cause beyond the
\nBuyer\u2019s reasonable control or by reason of the Seller\u2019s fault) then, without prejudice to any other
\nright or remedy available to the Seller, the Seller may: (a) store the Goods until actual delivery and
\ncharge the Buyer for the reasonable costs of storage (including insurance); and\/or (b) sell the
\nGoods at the best price readily obtainable and (after deducting all reasonable storage and selling
\nexpenses) charge the Buyer for any shortfall below the price under the Contract.
\n6.8<\/strong> Any claim by the Buyer which is based on a shortfall in the quantities of Goods delivered shall
\n(whether or not delivery is refused) be notified to the Seller in writing within 48 hours from the
\ntime of delivery (or, in the case of delivery being effected by the Buyer collecting the Goods at the
\nSeller\u2019s premises, within 48 hours from the time of collection). Where the Buyer fails to notify the
\nSeller accordingly, the Seller shall be deemed to have supplied the Goods in accordance with the
\nquantities specified in the Contract, and shall have no liability to the Buyer in respect of any such
\nshortfall claim.
\n6.9<\/strong> If the Goods have not been delivered despite receipt by the Buyer of the invoice from the
\nSeller relating to them then, unless the Buyer notifies the Seller within 7 days after the date of
\nsuch invoice, no claim against the Seller may be made in respect of non-delivery of those goods.
\n6.10<\/strong> If the Goods are damaged (and such damage is visible) on delivery then, unless the Buyer
\nnotifies the Seller or the carrier in writing (otherwise than on the delivery note) within 3 days of
\ndelivery, no claim against the Seller may be made in respect of damage to such Goods.<\/p>\n

RISK AND PROPERTY<\/h3>\n

7.1<\/strong> Risk of damage to or loss of the Goods shall pass to the Buyer: (a) in the case of Goods to be
\ndelivered at the Seller\u2019s premises at the time when the Seller notifies the Buyer that the Goods are
\navailable for collection; or (b) in the case of Goods to be delivered otherwise than at the Seller\u2019s
\npremises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the
\ntime when the Seller has tendered delivery of the Goods.
\n7.2<\/strong> Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these
\nConditions, legal title in the Goods shall not pass to the Buyer until the Seller has received in cash
\nor cleared funds payment in full of (i) the price of the Goods (plus VAT); and (ii) all other sums
\nwhich are or which become due to the Seller from the Buyer on any account.
\n7.3<\/strong> Until such time as legal title in the Goods passes to the Buyer, the Buyer shall: (a) hold the
\nGoods as the Seller\u2019s fiduciary agent and bailee and shall accordingly remain liable to account to
\nthe Seller for the Goods; (b) store the Goods (at no cost to the Seller) separately from those of
\nthe Buyer and third parties; (c) identify the Goods as the Seller\u2019s property; (d) not remove, alter,
\ndestroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and (e)
\nprotect and maintain the Goods in satisfactory condition and keep them insured on the Seller\u2019s
\nbehalf for their full price against all risks to the reasonable satisfaction of the Seller.
\n7.4<\/strong> Subject to Condition 7.2, the Buyer shall be entitled to resell or use the Goods in the ordinary
\ncourse of its business but such right shall terminate immediately if: (a) the Buyer fails to make
\npayment of any sum whatsoever due to the Seller (whether in respect of the Goods or any other
\ngoods or services under any agreement between the Buyer and Seller) on the relevant due date;
\n(b) the Seller, acting reasonably, notifies the Buyer in Writing that it has bona fide doubts as to the
\nsolvency of the Buyer; (c) the Seller has a right to terminate the Contract under Condition 9; (d)
\nthe Buyer suffers any event of insolvency as described in Condition 9.1; (e) the Buyer allows any
\nexecution, whether legal or equitable to be levied on its property or obtained against it; (f) the
\nBuyer fails to observe any of its obligations under the Contract or any other contract between the
\nSeller and Buyer; or (g) the Buyer encumbers or in any way charges any of the Goods.
\n7.5<\/strong> Where the Seller is unable to determine whether any Goods are the goods in respect of which
\nthe Buyer\u2019s right to possession has terminated, the Buyer shall be deemed to have sold all goods
\nof the kind sold by the Seller to the Buyer in the order in which they were invoiced to the Buyer.
\n7.6<\/strong> Until such time as title in the Goods passes to the Buyer (and provided the Goods are still in
\nexistence and have not been resold), the Seller shall be entitled at any time to require the Buyer to
\ndeliver-up the Goods to the Seller and, if the Buyer fails to do so, the Seller, its agents or
\nemployees, may forthwith enter upon any premises of the Buyer or any third party where the
\nGoods are stored and repossess the Goods. If the Goods have been incorporated into any
\nproperty within the control of the Buyer, the Seller may dismantle the Goods or detach them from
\nany items and all costs incurred in so doing and any diminution in the value of the Goods suffered
\nby the Seller, or loss of profit on the resale of the Goods shall be charged against the Buyer.
\n7.7<\/strong> The Seller shall be entitled to re-sell or otherwise dispose of recovered Goods in any way the
\nSeller in its absolute discretion, thinks fit. The Buyer hereby grants the Seller a non-exclusive
\nworld-wide, royalty free, perpetual, irrevocable licence (with a right to sub-license) to use, for the
\npurpose of such re-sale or disposal, any and all trademarks which may have been applied to the
\nGoods by the Buyer and\/or by the Seller or any third party at the request of, or with the consent of,
\nthe Buyer.
\n7.8<\/strong> The Buyer shall not be entitled to encumber or in any way charge any of the Goods in which
\nlegal title remains vested in the Seller. If the Buyer does so all monies owing by the Buyer to the
\nSeller shall (without prejudice to any other right or remedy of the Seller) forthwith become due
\nand payable.<\/p>\n

WARRANTIES AND LIABILITIES<\/h3>\n

8.1<\/strong> Subject as expressly provided in these Conditions, all warranties, conditions or other terms
\nimplied by statute or common law are excluded to the fullest extent permitted by law.
\n8.2<\/strong> Subject to Condition 8.3, the Buyer acknowledges that the Seller is not the manufacturer of
\nthe Goods and it shall only be entitled to the benefit of any product warranty or guarantee, repair
\nor return policy to the extent as provided by the relevant manufacturer. For the avoidance of
\ndoubt, this shall also include any Goods which have been refurbished by the manufacturer (also
\nknown as renewed goods).
\n8.3<\/strong> In the event that the Goods are used and\/or refurbished goods (also known as bulk goods)
\n(other than Goods which have been refurbished and\/or renewed by the manufacturer directly),
\nthe Seller warrants that the Goods will correspond in all material respects with their specification
\nat the time of delivery and will be free from defects in material and workmanship for a period of
\n30 days from delivery.
\n8.4<\/strong> It is a condition of any alleged warranty or guarantee claim made by the Buyer that the Goods
\nmust be returned to the Seller in the original (undamaged) manufacturer\u2019s box.
\n8.5<\/strong> The Seller does not give any warranty that the Goods shall be suitable for any particular
\npurpose for which the Buyer intends to use them save where the Seller has expressly accepted
\nresponsibility for such suitability in Writing. The Seller does not accept responsibility for defects
\nresulting from the location in which the Goods are to be used, or for their method of installation,
\nuse or maintenance, nor for any failure to correspond with any specification where that results
\nfrom a failure to use the Goods in a suitable location (as reasonably determined by the Seller) or
\nby competent operators or from improper installation, use or maintenance.
\n8.6<\/strong> Nothing in these Conditions shall exclude or limit the Seller\u2019s liability for (i) death or personal
\ninjury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) for any other liability
\nthat cannot be excluded by law.
\n8.7<\/strong> The Seller shall be liable to the Buyer for any direct physical damage (other than death or
\npersonal injury) to the extent that it results from the negligence of the Seller or its employees up
\nto a maximum of \u20ac250,000.
\n8.8<\/strong> SUBJECT TO CONDITIONS 8.6 AND 8.7 THE SELLER\u2019S LIABILITY IN RESPECT OF ALL
\nCLAIMS ARISING IN CONNECTION WITH OR ARISING OUT OF THE PROVISION OF THE GOODS
\nWHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING WITHOUT LIMITATION,
\nNEGLIGENCE) SHALL NOT EXCEED: (A) IN RESPECT OF A CLAIM FOR A SINGLE GOOD
\nSUPPLIED UNDER THE CONTRACT, THE PRICE OF THAT SINGLE GOOD; AND (B) IN RESPECT OF
\nALL CLAIMS UNDER THE CONTRACT, THE AGGREGATE PRICE OF ALL THE GOODS SUPPLIED
\nUNDER THE CONTRACT.
\n8.9<\/strong> SUBJECT TO CONDITION 8.6, THE SELLER SHALL NOT BE LIABLE TO THE BUYER FOR ANY
\nLOSS SUFFERED BY THE BUYER ARISING OUT OF OR IN CONNECTION WITH THE SUPPLY OF
\nGOODS OR THEIR USE, RESALE OR LICENSE BY THE BUYER WHETHER IN CONTRACT, TORT
\n(INCLUDING NEGLIGENCE) OR OTHERWISE.
\n8.10<\/strong> THE BUYER RECOGNISES THAT THE LIMITATIONS OF LIABILITY CONTAINED IN THESE
\nCONDITIONS ARE REASONABLE AND THAT THE PRICES QUOTED BY THE SELLER ARE
\nDEPENDENT UPON SUCH LIMITATIONS BEING INCORPORATED INTO THE CONTRACT.
\n8.11<\/strong> The Seller does not give any warranty or representation, and it is not a condition of the
\nContract, that (a) the Goods have been sold to the Buyer with the consent, whether express or
\nimplied, of the brand owner or that the owner of any Intellectual Property Rights in or relating to
\nthe Goods has consented to their import into the EEA or export from the EEA; and\/ or (b) the
\nmanufacturer of the Goods will comply with any guarantee which the manufacturer generally
\nmakes available, whether due to the Goods not having been so sold, imported or exported or
\notherwise, and\/or (c) the design, manufacture, use or sale of the Goods do not infringe the
\nIntellectual Property Rights of a third party.
\n8.12<\/strong> The Buyer is responsible to ensure that the equipment purchased from the Seller is of EEA
\norigin and deemed for sale within the EEA, serial number(s) can be provided in advance on
\nBuyers request, Seller shall not be liable to the Buyer regarding this subject, for any loss or claim
\nagainst the Seller by the Buyer or their customer and\/or the original equipment manufacturer.
\n8.13<\/strong> The Buyer is responsible to ensure that the equipment purchased from the Seller is readily
\navailable for the original manufacturer maintenance agreements within the EEA , serial number(s)
\ncan be provided in advance on Buyers request, Seller shall not be liable to the Buyer regarding
\nthis subject, for any loss, expired original manufacturer warranty, re-certification costs and\/or
\nfees or claim against the Seller by the Buyer or their customer and\/or the original equipment
\nmanufacturer.
\n8.14<\/strong> The Seller shall use its reasonable endeavours to only supply Goods which are genuine but,
\nin the unlikely event that any Goods are found to be counterfeit, the Seller shall be entitled at its
\nsole discretion to either: (a) replace the Goods (or the part in question) free of charge; or (b)
\nrefund to the Buyer the price of the Goods (or a proportionate part of the price) and the Seller
\nshall have no further liability to the Buyer whether under contract, tort or otherwise.
\n8.15<\/strong> The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by
\nreason of any delay in performing, or any failure to perform any of the Seller\u2019s obligations in
\nrelation to the Goods, if the delay or failure was due to any cause beyond the Seller\u2019s reasonable
\ncontrol including without limitation: (a) act of God, explosion, flood, tempest, fire or accident; (b)
\nwar or threat of war, sabotage insurrection, terrorist attack, civil disturbance or requisition; (c)
\nacts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of a
\ngovernmental, parliamentary or local authority (or analogous body) anywhere in the world; (d)
\nimport or export regulations or embargoes; (e) strikes, lock-outs or other industrial actions or
\ntrade disputes (whether involving employees of the Seller or a third party); (f) difficulties in
\nobtaining raw materials, labour, fuel, parts, machinery or supplies or transport delays and\/or the
\nshortage of any of the foregoing; (g) any act, omission or default of a manufacturer; or (h) power
\nfailure or breakdown in machinery.
\n8.16<\/strong> The parties acknowledge that they may in the course of dealing communicate electronically
\nwith each other and hereby agree to use commercially reasonable procedures to check for the
\nthen most commonly known viruses before sending information electronically. However, the
\nparties further acknowledge that such procedures cannot constitute a guarantee that
\ntransmissions will be unaffected by hazards and therefore hereby accept such risks. Each party
\nshall be responsible for protecting its own system and interests in relation to electronic
\ncommunications. Neither party shall have any liability to the other on any basis, whether in
\ncontract, tort (including negligence) or otherwise in respect of any error, damage, loss or
\nomission arising from or in connection with an electronic communication.
\n8.17<\/strong> The Seller has no right, title, or interest in any software that may be contained in or a part of
\nthe Goods. Title to software will remain with the applicable licensor(s). Any rights that the Buyer
\nmay have with respect to the software shall arise only pursuant to license agreements
\n(\u201cLicenses\u201c) between the Buyer and the licensor(s), which Licenses may be contained within the
\npackaging associated with the Goods. The Buyer agrees to use all software in accordance with
\nthe Licenses.
\n8.18<\/strong> The Buyer indemnifies and holds the Seller harmless on demand from and against all Loss,
\ndamages, costs, liabilities, expenses, costs (including legal costs) arising out of or in connection
\nwith: (a) breach by the Buyer of any provision of these Conditions or any breach of warranty or
\nthe acts or omissions of the Buyer or its employees; and (b) the modification or amendment of
\nthe Goods without the prior consent of the Seller in Writing.
\n8.19<\/strong> It is the buyer\u2019s responsibility to check that the equipment purchased from Qualified
\nNetworks B.V. is of EU origin and deemed for sale within the EU. Serial number(s) can be
\nprovided in advance. Qualified Networks B.V. will not be responsible for any loss or claim against
\nthe customer by their customer or the original equipment Manufacturer. By placing a Purchase
\nOrder with Qualified Networks B.V. you are accepting these conditions.<\/p>\n

TERMINATION<\/h3>\n

9.1<\/strong> The Seller shall be entitled to terminate a Contract forthwith by notice in Writing to the Buyer
\nif: (a) the Buyer commits an irremediable breach of the Contract (including failure to pay any sum
\ndue to the Seller), persistently repeats a remediable breach or commits any remediable breach
\nand fails to remedy it within 14 days of receipt of notice of the breach requiring remedy of the
\nsame; or (b) the Buyer makes any voluntary arrangement with its creditors or becomes subject to
\nan administration order or (being an individual or firm) becomes bankrupt or (being a company)
\ngoes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); (c) the
\nBuyer presents a winding up petition or has a winding up petition presented against it which in
\neach case is not withdrawn within seven days or has a winding up order made against it or a
\nprovisional liquidator is appointed; or (d) an encumbrancer takes possession, or a receiver is
\nappointed, of any other property or assets of the Buyer; or (f) the Buyer ceases, or threatens to
\ncease, to carry on business, or (g) the Seller reasonably apprehends that any of the events
\nmentioned above is about to occur in relation to the Buyer; or (h) any order is made in relation to
\nthe Buyer for or there occur proceedings constituting main proceedings in any member state of
\nthe European Union; or (i) any analogous demand, appointment or procedure to those specified in
\nthis Condition is instituted or occurs in relation to the Buyer elsewhere than in The Netherlands.
\n9.2<\/strong> If the Seller terminates the Contract pursuant to Condition 9.1 then, without prejudice to any
\nother right or remedy available to the Seller, the Seller shall be entitled to stop any Goods in
\ntransit and\/or suspend any further deliveries under the Contract without any liability to the Buyer,
\nand if the Goods have been delivered but not paid for the price shall become immediately due
\nand payable notwithstanding any previous agreement or arrangement to the contrary.<\/p>\n

EXPORT TERMS<\/h3>\n

10.1<\/strong> Where the Goods are supplied for export from the E the provisions of this Condition 10 shall
\n(subject to any special terms agreed in Writing between the Buyer and the Seller) apply
\nnotwithstanding any other provision of these Conditions.
\n10.2<\/strong> The Buyer shall be responsible for complying with any legislation or regulations governing
\nthe importation of the Goods into the country of destination and for the payment of any duties
\nthereon and for complying with export control legislation and, if applicable, US re-export control
\nlegislation.
\n10.3<\/strong> Where applicable, the Buyer agrees to obtain and provide in a timely manner, all necessary
\nsupport documentation required by the Seller to apply for the approval of local government
\nauthorities to permit the exportation, re-exportation, transfer or sale of Goods to the Buyer. The
\nSeller shall have no liability or obligation to the Buyer if the relevant government declines to issue
\nsuch approval or if approvals are not issued in a timely manner. The Buyer acknowledges, as the
\nimporter of record, that it is solely responsible for the import of the Goods into its intended
\ncountry of destination, and it further undertakes to obtain all required licences and permits
\nrequired for the import of the Goods, and to comply with applicable laws, regulations and
\nformalities applicable to the import of the Goods, and the payment of all import duties, taxes and
\nfees applicable to those Goods.
\n10.4<\/strong> Unless otherwise agreed in Writing between the Buyer and the Seller, and subject always to
\nCondition 6, the Seller shall deliver to the address of the Buyer stipulated on the sales invoice.
\n10.5<\/strong> The Buyer shall be responsible for arranging the testing and inspection of the Goods at the
\nSeller\u2019s premises before shipment. The Seller shall have no liability for any claim in respect of any
\ndefect in the Goods which would be apparent on inspection and which is made after shipment or
\nin respect of any damage during transit.
\n10.6<\/strong> The Buyer shall verify that no law is broken by the import into or use of the Goods in that
\nterritory and that doing so will not infringe the rights of any third party.
\n10.7<\/strong> The Seller and the Buyer acknowledge that Goods incorporating encryption may require local
\ngovernment authorisation prior to export, re-export or import. The parties will cooperate to effect
\ncompliance with all applicable export and\/or import laws relating to encrypted Goods.<\/p>\n

GENERAL<\/h3>\n

11.1 No waiver by either party of any breach of the Contract by the other shall be considered as a
\nwaiver of any subsequent breach of the same or any other provision.
\n11.2<\/strong> If any provision of these Conditions is held by any competent authority to be invalid or
\nunenforceable in whole or in part the validity of the other provisions of these Conditions and the
\nremainder of the provision in question shall be construed as if such invalid or unenforceable term
\nor right did not exist.
\n11.3<\/strong> The Contract is personal to the Buyer and the Buyer may not assign, transfer, sub-contract or
\notherwise part with the Contract or any related credit account, or any right or obligation under the
\nContract or any related credit account, without the prior written consent of the Seller.
\n11.4<\/strong> The rights and remedies provided in these Conditions are cumulative and not exclusive of
\nany rights or remedies otherwise provided by law.
\n11.5<\/strong> Nothing in a Contract, or these Conditions, shall confer any right upon any person who is not
\na party to it whether.
\n11.6<\/strong> The Contract (including any associated non-contractual disputes or claims) shall be
\ngoverned by the laws of The Netherlands, and the parties agree to submit to the exclusive
\njurisdiction of the Dutch Courts provided that nothing in the Contract will prevent the Seller from
\ntaking proceedings against the Buyer in any other court of competent jurisdiction wherever in the
\nworld.
\n11.7<\/strong> The application of the Vienna convention on contracts for the international sale of goods is
\nexcluded.<\/p>\n

RETURNS<\/h3>\n

12.1<\/strong>
\n\u201cQualified Networks B.V.\u201d does not accept returns or cancellation after:
\n\u2022 The buyer accepted a written quotation of the seller.
\n\u2022 The seller accepted an order from the buyer.[\/vc_column_text][\/vc_column][\/vc_row]<\/p>\n<\/div>","protected":false},"excerpt":{"rendered":"

[vc_row][vc_column][vc_column_text] INTERPRETATION 1.1 In these Conditions: : \u2018Buyer\u2019: means the person who buys Goods from the Seller; \u2018Conditions\u2019 means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in Writing between the Buyer and the Seller; \u2018Contract\u2019 means the […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"page-small.php","meta":{"footnotes":""},"class_list":["post-3337","page","type-page","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.qualifiednetworks.com\/de\/wp-json\/wp\/v2\/pages\/3337","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.qualifiednetworks.com\/de\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.qualifiednetworks.com\/de\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.qualifiednetworks.com\/de\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.qualifiednetworks.com\/de\/wp-json\/wp\/v2\/comments?post=3337"}],"version-history":[{"count":1,"href":"https:\/\/www.qualifiednetworks.com\/de\/wp-json\/wp\/v2\/pages\/3337\/revisions"}],"predecessor-version":[{"id":7546,"href":"https:\/\/www.qualifiednetworks.com\/de\/wp-json\/wp\/v2\/pages\/3337\/revisions\/7546"}],"wp:attachment":[{"href":"https:\/\/www.qualifiednetworks.com\/de\/wp-json\/wp\/v2\/media?parent=3337"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}