Definitions “Customer” means the Company, legally represented, accepted by “Libertyone ITS” to buy products as end user or reseller from “Libertyone ITS” or to sell products to “Libertyone ITS”; “Buyer” means “Libertyone ITS in its capacity as buyer of products; “Seller” means ”Libertyone ITS” in its capacity as seller of products; “Product” means the product, which “Libertyone ITS” is to buy from “Customer” and/or which “Libertyone ITS” is to sell to “Customer”; “Purchase Order” means “Customer’s” order in writing for “Products” to sell to “Libertyone ITS er”; “Sales Order” means “Customer’s” order in writing for “Products” to buy from “Libertyone ITS”; “Terms and Conditions” means these “Terms and “Conditions” accepted by “Customer” and any “Purchase Order” shall be subject to these “Terms and Conditions”
Quotes The validity of the quote is 14 working days from the date of quotation provided by “Libertyone ITS” unless other specified. The “Quote” refers to the “Products” described in the quotation. The quotation will be provided by “Libertyone ITS ”, written by email. Before acceptance by “Customer” of the “Quote”, “Libertyone ITS reserves the right to adjust the “Quote” that will replace the prior “Quote”. Every “Quote” is subject to prior sales;
Prices The “Price” of the “Product” shall be the “Price” set out in any valid quotation. “Libertyone ITS” reserves the right to modify the “Price” of the “Products” to reflect any changes in specifications for the “Products”, by informing “Customer” at any time before payment and delivering of the “Products”. If “Libertyone ITS” identifies an error in the “Price” quoted and “Customer” accepted the “Purchase Order” containing that “Price”, “Libertyone ITS” has the right to adjust the “Price”. The ”Price” is exclusive VAT, other governmental levies and administrative costs in US dollar or EURO currency;
Payment and Payment Terms Payment must be made by “Customer” and “Libertyone ITS has to receive the Payment for the “Products” to be delivered on the bank account indicated on the invoice, before delivering of the “Products”, within 5 working days after the “Purchase Order” was signed by both “Customer” and “Libertyone ITS”. “Libertyone ITS” can offer “Customer” a payment term based on credit and analysis. In case of exceeding payment term, “Customer” will receive a reminder in writing by email. All costs and damage (collecting charges, currency risk) caused by default (late payment) of “Customer” to “Libertyone ITS ” will be for the risk and account of “Customer”.
Sales Orders The “Sale Order” is the description of the “Products”, “Prices” and quantity to be sold by “Libertyone ITS” to “Customer”, subject to the “Terms and Conditions”. “Libertyone ITS” will be legally bound by signing the “Sale Order”. “Customer” will be legally bound by confirming the “Sale Order” in writing by email within 24h00 after receiving the signed “Sales Order” from “Libertyone ITS”. No order can be processed without a “Sales Order”. It is the responsibility of “Customer” to review the “Sales Order” carefully on its accuracy. No order can be processed without a “Purchase Order”. It is the responsibility of “Customer” to review the “Purchase Order” carefully on its accuracy.
Purchase Orders The “Purchase Order” is the description of the “Products”, “Prices” and quantity to be bought by “ Libertyone ITS” from “Customer”. “Customer”, in its capacity of seller of the “Products” to Libertyone ITS, has full ownership and clear title of the “Products”. All damage caused by bad quality of the “Product” (counterfeit product) will be for the risk and account of “Customer”. ” Customer” will be legally bound by signing the “Purchase Order” in writing by email. “ Libertyone ITS” will be legally bound by confirming the “Purchase Order” in writing by email or facsimile within 24h00 after receiving the signed “Purchase Order” from “Customer”.
Order Cancellation “Purchase Orders” once placed and cancelled by “Customer” and after acceptation by “Libertyone ITS ” are subject to a 25% restocking fee and all freight charges paid by “Customer” within thirty days from receiving the “Purchase Order”.
Retention of title The “Products” remains ownership of “Libertyone ITS” until “Libertyone ITS” has received in full all sums due to the “Products”. “Customer” must store the “Products”, at no cost to “Libertyone ITS”, in such a way as the “Products” remain readily identifiable as “A Libertyone ITS” property. “Customer” will be responsible for insuring the “Products”. Until full payment has received by “Libertyone ITS”, “Customer” is not allowed to use the “Products” or sell the “Products” to third parties without (written) permission of “Libertyone ITS” and subject to retention of title. In that case “Customer” will inform “Libertyone ITS” about the identity of the third party. Until full payment has been received by “Libertyone ITS”, the third party will be aware that “Libertyone ITS” will remain owner of the “Products”. The “Terms and Conditions” will be applicable. “Customer” or the third party shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the “Products” which remain the ownership of “Libertyone ITS”. In case of default, “Customer” or the third party will establish a silent pledge in advance on the “Products” on behalf of ” Libertyone ITS”. All costs and damage caused by default of “Customer” or the third party to “Libertyone ITS” will be for the risk and account of “Customer”;
Delivery The “Products” are at the risk of “Libertyone ITS” until the time of delivery. “Customer” will provide appropriate instructions, documents, licenses or authorizations. If “Customer” neglects, “Customer” will be liable for all related costs and expenses. From the moment of delivering the risk will pass to “Customer” even if “Libertyone ITS” has still ownership of the “Products” (Retention of Title). If no terms of delivery are agreed, delivery will be taken place at best effort. If an agreed term, in writing on the “Quote”, has expired and delivery of the “Products” has not yet taken place, “Customer” has the right to dissolve the purchase agreement. “Libertyone ITS” is always allowed to deliver sold “Products” partial, as long as “Customer” explicitly prohibits this. “Libertyone ITS” shall never be liable for any damage resulting from late delivery.
Returns “Libertyone ITS” will accept the return of the “Products”, delivered to “Customer” within fourteen days after delivery to “Customer”. “Libertyone ITS” has to receive the “Product” in the same condition and packaging as delivered to “Customer”. A restocking fee of 25% is due by “Customer”. All related costs and freight charges will be for the risk and account of “Customer”. “Libertyone ITS” decides whether any “Products” are defective. If replacement of defective “Products” is not possible, “Libertyone ITS” will credit the value to the account of “Customer”. RMA procedure is applicable and defective “Products” may not be returned without a valid RMA number. “Customer” will receive a RMA number, subject to the obligation of “Customer” a) to provide “Libertyone ITS” with all information on the failure; b) to report by email to “Libertyone ITS” within 5 working days of the delivery date. When the damage is caused by faulty handling of “Customer” a RMA number will not be issued.
Packaging “Libertyone ITS” has professional packaging equipment and uses high quality packaging material. If the “Products” are damaged by the shipper, it is the obligation of “Customer” to report and send pictures of the damaged “Products” by email to “Libertyone ITS” within 2 days from delivery date. “Libertyone ITS” shall hold the shipper liable for the damage caused by the shipper.
Software “Customer” will be aware that the ownership of the software as part of the “Products” belongs to the manufacturer and will never be the ownership of “Libertyone ITS”. “Libertyone ITS” can never transfer the ownership of the software to “Customer”. “Libertyone ITS” will never be liable and “Customer” will look solely to the licensor (the owner) for satisfaction of all claims and warranties relating to the software.
Warranties and Liability The warranty covers “Products” that fails to function according to the manufacturer’s specifications for a period of twelve month’s unless other specified on the “Quote”. Warranty does never cover damage caused by “Customer” due to improper installation etc. The liability of “Libertyone ITS” shall be limited to the price of “Products” based on market conditions.
Force Majeur “Libertyone ITS” will never be liable for any delay or failure in performance caused by Force Majeur (fire, explosion, war, strike, embargo, governmental requirement, civil or military authority, act or omission of carriers or suppliers or other similar causes beyond “Libertyone ITS” respective control.
General “Customer” agrees not to assign, transfer or dispose of all or any part of your rights or obligation under this agreement without “Libertyone ITS” prior written consent. Any attempt to do so without such consent is void. These “Terms and Conditions” and any amendments agreed in writing between “Customer” and “Libertyone ITS” shall be governed and construed in accordance with Dutch law and “Customer” and “Libertyone ITS” submit to the exclusive jurisdiction of the Dutch Court at Amsterdam in relation to all matters arising out of this contract. “Customer” and “Libertyone ITS” exclude the application of the “Vienna Purchase Treaty”.