General terms and conditions

Article 1 Applicability
1.1	These general terms and conditions apply to all offers, quotations, agreements and deliveries of goods and/or services by Jansen Pompen- & Watertechniek., based in Rijkevoort, the Netherlands (hereinafter referred to as: Jansen Pompentechniek) made or concluded with third parties (hereinafter referred to as: the buyer).
1.2	These terms and conditions also apply to direct sales through the online store www.pompentechniek.com
1.3	If any provision of these terms and conditions applies only to consumers, this will be stated. A consumer in this context is a natural person who is not acting in the exercise of a profession, business or craft and who purchases the product or service for private use.
Article 2 Offers
2.1	The order may be placed online or by telephone directly with Jansen Pompentechniek. Placing the order constitutes an offer to purchase from Jansen Pompentechniek and the buyer's agreement to these general terms and conditions. The purchase only comes about after Jansen Pompentechniek has accepted an order by sending an order confirmation to the buyer. The buyer should check this order confirmation carefully and contact Jansen Pompentechniek immediately in the event of errors or inaccuracies.
2.2	Jansen Pompentechniek is entitled to refuse orders or to attach certain conditions to the delivery. These conditions will then be expressly stated in the offer. Orders will in any case be refused if not all necessary information has been provided by the client, or if not all details have been entered in the relevant fields on the webshop order form. If an order is not accepted, Jansen Pompentechniek will communicate this at the latest within ten (10) working days after receipt of the order.
2.3	All offers, unless expressly stated otherwise, are without obligation and can be revoked by Jansen Pompentechniek within two working days, even after they have been accepted by the buyer. Delivery takes place while stocks last.
2.4	In so far as applicable, offers are based on the data, drawings, etc. provided by the Buyer with any application. The Purchaser guarantees the accuracy thereof.
2.5	All offers are based on execution under normal conditions during the normal working hours applicable to Jansen Pompentechniek.
2.6	All quotations by Jansen Pompentechniek of numbers, sizes, weights and/or other indications of the products and/or services have been made with care, but Jansen Pompentechniek cannot guarantee that no deviations will occur in this respect. Shown or provided samples, drawings or models are only indications of the relevant products and/or services. The contents of leaflets, printed matter, etc. do not bind Jansen Pompentechniek unless expressly referred to in the agreement. In the event of a difference between the buyer's order and Jansen Pompentechniek's confirmation, only Jansen Pompentechniek's confirmation is binding. Minor deviations must be accepted by the buyer.
2.7	Jansen Pompentechniek has the right to charge the buyer for all costs it has had to incur to provide the offer. In the case of consumers, this will be notified in advance by Jansen Pompentechniek.
Article 3 Commitment; consumer's cooling-off period .
3.1	Jansen Pompentechniek will only be bound by any additions to the agreement after it has expressly accepted them. This express acceptance must be evidenced by written confirmation from Jansen Pompentechniek or the start of execution by Jansen Pompentechniek, within ten days after said supplementary order has been received by it. As long as the acceptance by Jansen Pompentechniek has not been confirmed by it, the consumer may dissolve the agreement.
3.2	Agreements or agreements with subordinate personnel of Jansen Pompentechniek are not binding insofar as they have not been confirmed in writing. In this context, subordinates are to be considered all employees who do not have power of attorney.
3.3	Cancellation by the buyer of an agreement (not being a consumer) can only take place with the prior written consent of Jansen Pompentechniek and with compensation of costs incurred and damage suffered by Jansen Pompentechniek.
3.4	If a consumer does not wish to purchase a product for any reason, the consumer has the right to dissolve the agreement within fourteen (14) calendar days after delivery without giving reasons. If the consumer exercises his/her right of withdrawal, the consumer notifies Jansen Pompentechniek within the aforementioned period of reflection by means of the withdrawal form (see footer on the website) or the consumer can notify Jansen Pompentechniek in another unambiguous manner. If the consumer has ordered several products in the same order, the withdrawal period starts on the day on which the consumer has received the last product. In view of this, Jansen Pompentechniek may, provided the consumer has been informed, refuse an order containing multiple products with different delivery times.
3.5	As soon as possible, but no later than 14 days from the day on which the consumer has exercised his right of withdrawal, the consumer shall return the products with all delivered accessories. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
3.6	In this case, returns will only be accepted if the consumer has handled the product and its packaging with care. The consumer shall only unpack or use the product to the extent and in the manner necessary to establish the nature, characteristics and functioning of the product. The consumer may only handle and inspect the product as the consumer would be permitted to do in one of our Jansen Pompentechniek branches. If, upon return of the order by Jansen Pompentechniek, it is not in the condition as mentioned above, the consumer is obliged to compensate the damage suffered by Jansen Pompentechniek in this regard (namely, the decrease in value of the product). In that case, Jansen Pompentechniek has the right to offset the damage amount against the amount to be refunded to the consumer by Jansen Pompentechniek.
3.7	The consumer's return must be accompanied by the original, enclosed packing slip and the consumer's bank or giro account number so that the amount paid by the consumer can be refunded. Return shipping costs are the responsibility of the consumer.
3.8	The consumer's right of withdrawal does not apply to products that have been created in accordance with the consumer's specifications (e.g. custom-made or sawn items), have become unsuitable for sale or have been used in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods. This also applies to products or services whose price is subject to fluctuations in the financial market over which Jansen Pompentechniek has no influence and which may occur within the withdrawal period. Products that have been delivered sealed, and whose seal has been broken after delivery are also excluded from the right of withdrawal.
Article 4 Rights of industrial and intellectual property .
4.1	Jansen Pompentechniek declares that, to its knowledge, the products do not infringe any intellectual property rights of third parties applicable in the Netherlands. However, Jansen Pompentechniek cannot indemnify the buyer for any infringements of intellectual property rights of third parties.
4.2	The buyer warrants that it will not infringe (nor allow or enable third parties to do so) any intellectual property rights of Jansen Pompentechniek, or its suppliers, with respect to the products, for example by copying, processing or imitating the products.
4.3	Unless otherwise agreed, Jansen Pompentechniek retains the copyrights as well as all other rights of intellectual or industrial property to the designs, sketches, images, drawings, models, software and quotations it has provided. These documents remain its property and may not be copied, shown to third parties or used in any other way without its express permission, regardless of whether the buyer has been charged for them. The buyer (non-consumer) is obliged to return these items to Jansen Pompentechniek at its first request on penalty of a fine of € 450 per violation, and € 100 per day or part of a day that the buyer fails to comply with Jansen Pompentechniek's request. The foregoing is without prejudice to all other rights of Jansen Pompentechniek, including the right to claim damages.
Article 5 Packaging
Unnecessary packaging will be charged at cost and not taken back. The necessity of using packaging is at the discretion of Jansen Pompentechniek.
Article 6 Opinions, designs and materials .
6.1	Information and advice provided by Jansen Pompentechniek are of a general nature only and without obligation.
6.2	Jansen Pompentechniek accepts no responsibility for a design worked out by or on behalf of the customer, nor for any advice in response to that design. The functional suitability of the materials prescribed by the customer is the customer's own responsibility. Functional suitability means the suitability of the material or component for the purpose for which it is intended according to (the design of) the customer.
6.3	For designs made by Jansen Pompentechniek itself, please refer to the warranty provisions.
6.4	In the case of commissioned designs, Jansen Pompentechniek only assumes responsibility for the manufacture in accordance with the commission and for the soundness of the materials used insofar as these materials have not been prescribed by the customer.
6.5	The buyer is obliged to have the materials used by him examined by third parties before processing. The associated costs shall be at his expense. After processing the materials or parts, the buyer may not claim that the materials used are functionally unsuitable, or any other defects in the materials that he could reasonably have discovered upon examination.
6.6	If the purchaser wishes to transfer the responsibility for the design made by him or on his behalf to Jansen Pompentechniek at the time of the order, he does not have to accept the responsibility. Jansen Pompentechniek must be allowed sufficient time to decide on this transfer. Jansen Pompentechniek must thereby have the opportunity to study and calculate the entire design and to this end the buyer must provide it with all information and documents necessary or useful for this purpose.
6.7	Jansen Pompentechniek cannot be required to perform the aforementioned investigation free of charge, unless it has already become apparent from the request for quotation that the customer wishes to transfer the responsibility to Jansen Pompentechniek.
6.8	Jansen Pompentechniek never accepts any responsibility for parts and/or materials made available or prescribed by the customer himself.
6.9	If, upon delivery of products, Jansen Pompentechniek provides the buyer with instructions, regulations and/or directions for use regarding the use of the products and purposes, the buyer is obliged to comply with these. Jansen Pompentechniek may, unless otherwise notified in writing by the buyer, assume that the buyer and his personnel or the persons who directly or indirectly allow the buyer to work or stay with the product, such in the broadest sense of the word, have sufficient command of the language in which these instructions or regulations have been drawn up to take note of them and to act accordingly, provided that that language is Dutch, English or German. To the extent possible, Jansen Pompentechniek is prepared to make those instructions and regulations available to the buyer in other languages upon written notice, on the understanding that the buyer is obliged to pay the costs involved.
Article 7 Prices
7.1	All prices of Jansen Pompentechniek are expressed in Euros. If applicable, Jansen Pompentechniek always clearly indicates whether the prices include or exclude sales tax, and any handling and shipping costs, taxes or other levies. The prices and additional information in all documents of Jansen Pompentechniek are subject to errors and changes. Digital price lists sent to the buyer are only valid if they have been signed and returned by the buyer.
7.2	The buyer indemnifies Jansen Pompentechniek against all costs and damages that may arise for Jansen Pompentechniek from the fact:
	a. that the customer is not properly registered for sales tax or an equivalent tax in a relevant EU Member State; and/or
	b. that the purchaser provides incorrect or untimely information to Jansen Pompentechniek and/or the authorities on turnover tax or a similar tax in a relevant EU Member State.
	If not otherwise agreed, the price for delivery is EXW (Ex Works) Rijkevoort, The Netherlands, according to the latest version of the INCOTERMS.
7.3	For special performances, unusual, particularly time-consuming or effort-requiring work, Jansen Pompentechniek may charge an additional fee, to be determined in all fairness. If Jansen Pompentechniek incurs stagnation hours as a result of work to be performed by the buyer or third parties, Jansen Pompentechniek may charge the buyer for these stagnation hours.
7.4	The prices quoted are based on the prices of materials and raw materials, wages, social charges, fuel prices etc. applicable at the time of quotation and may be subject to fluctuations. An increase in these cost factors three months or later after the prices have been quoted as aforementioned can be passed on to the buyer by Jansen Pompentechniek. Without prejudice to the general applicability of the foregoing, it applies in particular to a change in import and/or export duties or other duties or taxes occurring after the shipment of the order confirmation and to changes in the exchange rate of the Euro against the foreign currency, in which Jansen Pompentechniek has purchased the products.
7.5	If the prices for the offered products and services increase in the period between the order and its execution, the consumer is entitled to cancel the order or dissolve the agreement within ten (10) working days after notification of the price increase by Jansen Pompentechniek. The consumer does not have this right if it concerns a change in the VAT rate.
7.6	The buyer agrees that the invoices will be sent or made available by Jansen Pompentechniek electronically where appropriate. A paper invoice will be sent at the request of the buyer.
Article 8 Delivery period
8.1	Delivery times are approximate and are purely indicative. The delivery time commences at the time that all data necessary for the execution of the agreement are in Jansen Pompentechniek's possession.
8.2	The delivery period stated by Jansen Pompentechniek for products and/or period for the performance of services is based on the circumstances applicable to Jansen Pompentechniek at the time the agreement was concluded and, insofar as it depends on the performance of third parties, on the information provided to Jansen Pompentechniek by those third parties. Exceeding of deadlines never gives a right to compensation. However, the buyer is then entitled, after notice of default containing a reasonable further period for fulfilment of at least eight weeks, to dissolve or cancel the agreement by registered letter without being entitled to any compensation for damages or costs.
8.3	For consumers, delivery takes place on the agreed delivery date. Until the time of delivery, consumers are entitled to unilaterally dissolve the contract if delivery has not taken place within thirty calendar days of the agreed delivery date. In case of a partial delivery, not being an independent part, the consumer has the right to dissolve the agreement. Jansen Pompentechniek will then refund the amount already paid as soon as possible but no later than fourteen (14) days. If there is a claim against the consumer on account of previous/older deliveries, Jansen Pompentechniek is entitled to set off this outstanding amount against the aforementioned amount to be refunded.
8.4	Jansen Pompentechniek has the right to stop delivering items that are out of stock or no longer available. Jansen Pompentechniek has at all times the right to (deliver) the products in parts.
Article 9 Delivery; passing of risk
9.1	Unless otherwise agreed, delivery is ex works (EXW/Ex Works, according to the latest version of the INCOTERMS) at the location of Jansen Pompentechniek's warehouse. Jansen Pompentechniek has delivered when the products have been made available to the buyer at the premises of Jansen Pompentechniek, not unloaded and not loaded on a vehicle. The buyer bears all costs and risks associated with the collection, loading and transportation of the products. The risk for the products passes to the buyer at the time Jansen Pompentechniek makes the products available to the buyer.
9.2	If the parties agree that Jansen Pompentechniek will take care of the transport, the risk for storage, loading, transport and unloading also rests with the buyer in that case. Unless the buyer timely requests Jansen Pompentechniek to insure the products during transport at its expense, the products will travel uninsured. The buyer must arrange for insurance against these risks.
9.3	Jansen Pompentechniek has the right to store the products, which are ready and cannot be transported to their destination for reasons beyond its control, at the expense and risk of the customer and to demand payment as if the delivery had taken place.
9.4	With regard to products manufactured abroad, Jansen Pompentechniek reserves the right to effect customs clearance to the exclusion of the buyer.
9.5	Unless otherwise may have been agreed, export and import duties, stamp, station and clearance charges, taxes, etc. shall be borne by the buyer.
Article 10 Retention of title .
10.1	As long as the buyer has not fully fulfilled all its obligations, including future ones, towards Jansen Pompentechniek, the delivered good, remains the property of Jansen Pompentechniek and is delivered under a condition precedent. The buyer bears the risk for loss or damage to the delivered item from the time of first delivery, due to whatever cause.
10.2	If the items delivered by Jansen Pompentechniek have meanwhile been processed or treated by the buyer, the newly created item is deemed to have been manufactured by order of Jansen Pompentechniek. This also as long as the buyer has not fulfilled all its obligations towards Jansen Pompentechniek.
10.3	Without the knowledge and written approval of Jansen Pompentechniek, the buyer is not authorized, prior to payment, to pledge, mortgage, or transfer ownership of the delivered item to third parties and Jansen Pompentechniek will remain the owner of this until the buyer has fulfilled its payment obligations to Jansen Pompentechniek in full.
10.4	If the buyer fails to fulfil any obligation to Jansen Pompentechniek under the agreement regarding goods sold or work to be performed, it is entitled, without notice of default, to take back the goods, both the originally delivered goods and the newly formed goods. The buyer authorizes Jansen Pompentechniek to enter the place where these items are located.

	If and for as long as Jansen Pompentechniek owns the products, the buyer will notify Jansen Pompentechniek immediately in writing if any part of the products is lost or damaged, or the products are seized and/or otherwise a claim is made to (any part of) the products. Jansen Pompentechniek shall provide the buyer with ownership of the delivered items at the time the buyer has fulfilled all its payment obligations under this and similar agreements, subject to Jansen Pompentechniek's pledge, for the benefit of other claims Jansen Pompentechniek has against the buyer. The buyer shall, at the first request of Jansen Pompentechniek, cooperate with acts required in this respect.
Article 11 Dissolution
11.1	In the event of (provisional) suspension of payment, bankruptcy, cessation or liquidation of the buyer's company, all agreements with the buyer will be legally rescinded, unless Jansen Pompentechniek notifies the buyer within a reasonable time (as the case may be, at the request of the administrator or the trustee) that it requires fulfilment of (part of) the relevant agreement(s), in which case Jansen Pompentechniek is entitled, without notice of default being required, to suspend performance of the agreement(s) in question until payment has been sufficiently secured, without prejudice to Jansen Pompentechniek's other rights under any agreement with the buyer and without Jansen Pompentechniek being liable for any compensation.
11.2	If the buyer fails to meet any obligation to Jansen Pompentechniek properly or within a set period or otherwise on time, the buyer is legally in default and Jansen Pompentechniek is entitled, without notice of default or judicial intervention:
	a. suspend performance of that agreement and directly related agreements until payment is sufficiently secured; and/or
	b. terminate that agreement and directly related agreements in whole or in part;
	all without prejudice to Jansen Pompentechniek's other rights under any agreement and without Jansen Pompentechniek being liable for any compensation.
11.3	If an event occurs as referred to above in Articles 11.1 and 11.2, respectively, all claims of Jansen Pompentechniek against the buyer and the said claims pursuant to the relevant agreement(s) are immediately due and payable in full and Jansen Pompentechniek is entitled to take back the relevant (already delivered) products. In that case, Jansen Pompentechniek and its authorized representative(s) will be entitled to enter the buyer's premises in order to take possession of the products. The buyer is obliged to take the necessary measures to enable Jansen Pompentechniek to exercise its rights.
11.4	If Jansen Pompentechniek agrees to dissolve the agreement, or at least proceeds to dissolve it without being in default on its part, it is always entitled to compensation for all financial losses such as costs, loss of profit and reasonable costs incurred to establish damage and liability. In the event of partial dissolution, the buyer cannot claim undoing performances already performed by Jansen Pompentechniek, and Jansen Pompentechniek is fully entitled to payment for the performances it has already performed.
Article 12 Force Majeure
12.1	If the performance of the agreement is prevented by force majeure, Jansen Pompentechniek is entitled to suspend its obligations during the force majeure situation. For this purpose, force majeure means every circumstance beyond the control of Jansen Pompentechniek which permanently or temporarily prevents fulfilment of the agreement, all circumstances which must reasonably be considered to prevent delivery or timely delivery of the goods sold, such as non-delivery or late delivery to Jansen Pompentechniek by supplier(s), business disturbance or business interruption and strikes, transport difficulties or impediments as well as the situation that the performance of the work becomes impossible because the item on which or to which the work must be performed is destroyed or lost without this being attributable to Jansen Pompentechniek.
12.2	If the force majeure condition has lasted three months, both parties have the right to dissolve the agreement in writing in whole or in part. In that case, Jansen Pompentechniek is entitled to a proportional part of the agreed price based on the labor performed and costs incurred.
Article 13 Uncollected Items
13.1	If the buyer fails to collect items which Jansen Pompentechniek has in its possession, despite the fact that they have been made available to it, regardless of whether payment of the amount due has already taken place or is yet to take place before or at the time of delivery, Jansen Pompentechniek has the right, after written notice of default, to sell these (or have them sold) for and on behalf of the buyer. The buyer shall continue to owe the purchase price, plus interest, costs and any damages, however, if applicable, reduced by the net proceeds of the sale to that third party.
13.2	The risk of total or partial destruction of the goods shall, from the time the goods are made available to the buyer, be borne entirely by the buyer.
Article 14 Method of payment
14.1	Unless otherwise agreed in writing, payment of the amounts invoiced by Jansen Pompentechniek must be made without any limitation, deduction or set-off, within 30 days of the invoice date. Either in cash at the office of Jansen Pompentechniek, or to a bank account to be designated by Jansen Pompentechniek.
14.2	If payment is not made by the aforementioned deadline, the buyer is legally in default. In that case, any payment discounts applicable to him shall expire and he shall be entitled to compensation of statutory interest from the due date until full payment.
14.3	If the buyer fails to pay on time, i.e. not within 30 days of the invoice date, Jansen Pompentechniek is entitled to proceed immediately to collect the amount due. Jansen Pompentechniek expressly points out that if the buyer is a legal entity, or a natural person acting in the exercise of a profession or business, Jansen Pompentechniek is, notwithstanding the following Article 14.4, entitled to full compensation of the collection costs, both judicial and extrajudicial, incurred by Jansen Pompentechniek, such with a minimum of 15% of the principal sum or at least € 250.
14.4	For the consumer, extrajudicial collection costs will be charged according to "the Compensation for Extrajudicial Collection Costs Decree, as mentioned in paragraph 4 of article 6:96 BW. What is decisive here is that the case concerns an obligation to pay a sum of money arising from a contract, or that it concerns compensation for damage arising from a settlement agreement, or that it concerns an obligation to pay a sum of money that has been converted into an obligation to provide alternative compensation within the meaning of article 6:87 of the Dutch Civil Code. The extrajudicial collection costs are as follows: Minimum rate €40.00 15% over first € 2,500.00 10% over next € 2,500.00 5% over next € 5,000.00 1% over next € 190,000.00 0.5% over the excess of the principal with a maximum of € 6,775.00
Article 15 Security
15.1	Jansen Pompentechniek is entitled to suspend the fulfillment of its obligations or to terminate the work in an unfinished state, until the buyer, at the request and to the satisfaction of Jansen Pompentechniek, has provided security for the fulfillment of all its obligations.
15.2	If the buyer is declared bankrupt, applies for suspension of payment, Jansen Pompentechniek is entitled, without any further notice of default, to terminate the agreement in whole or in part, without Jansen Pompentechniek being obliged to pay any compensation or guarantee and without prejudice to its right to claim payment of the purchase price from the buyer, increased by the costs it has had to incur as a result of the non-completion and reduced by the costs it has saved due to the termination.
15.3	The buyer, not being a consumer, is not entitled to set off a claim on his part against a claim of Jansen Pompentechniek, unless he is permitted to do so on the basis of a final judicial decision.
Article 16 Claims or complaints
16.1	The buyer is obliged to carefully inspect the products (or have them inspected) immediately upon arrival at the destination or, if earlier, upon receipt by himself or by a third party acting on his behalf.
16.2	For consumers, this inspection obligation also applies, on the understanding that they have to report any defects to Jansen Pompentechniek in writing or by email within a reasonable time after discovery. Jansen Pompentechniek will then inform the consumer, depending on the circumstances, whether the consumer is entitled to a refund, replacement or repair service.
16.3	For non-consumers, any complaints about defects in the products that are due to material or manufacturing defects, as well as differences in quantity, weight, composition or quality between the products delivered and the description given for them on the order confirmation and/or invoice, including complaints about invoices, must be communicated to Jansen Pompentechniek in writing and stating the alleged defect at the latest within eight days after the arrival of the products. Defects, which reasonably could not have been detected within the above-mentioned period, must be reported in writing to Jansen Pompentechniek immediately after detection and at the latest within thirty days after arrival of the products. The buyer loses all rights and powers available to him on grounds of defectiveness if he has not complained within the above-mentioned periods and or has not given Jansen Pompentechniek the opportunity to repair the defects. After the expiry of the deadlines, the delivered goods are deemed to be irrevocably and unconditionally accepted and the buyer is obliged to pay for the products. If the buyer files a timely, correct and justified complaint regarding defects in a product, the resulting liability for Jansen Pompentechniek is limited to the obligations described in Article 17, depending on the nature of the complaint with due observance of the other provisions of Article 17 (warranty). Filing a complaint does not suspend the buyer's payment obligation with respect to the items in dispute. The buyer is not free to return the products without prior consultation with Jansen Pompentechniek. The costs of returning are for the buyer and the products remain at his risk.
16.4	After the discovery of any defect, the buyer is obliged to immediately cease the use, treatment, processing or installation of the products in question.
16.5	Reclaims on delivered used products will not be considered by Jansen Pompentechniek, unless otherwise agreed in writing.
Article 17 Warranty
17.1	For consumers, a warranty of six months from the time of delivery applies to the products delivered by Jansen Pompentechniek. If a different period is mentioned in the offer, that different period applies. If the consumer discovers a defect within this period, he must notify Jansen Pompentechniek within 8 days of discovery.
17.2	The consumer can demand the following from Jansen Pompentechniek:- (i) repair of the manufacturing part, provided that Jansen Pompentechniek can reasonably comply with this;- (ii) replacement of the manufacturing part, unless the defect is too minor to justify replacement, or the manufacturing part has been destroyed or deteriorated after the time that the consumer had to reasonably reckon with the return of the manufacturing part, or has been destroyed or deteriorated because he has not taken care of its preservation as a prudent debtor. Repair or replacement cannot be required of Jansen Pompentechniek if the costs thereof are disproportionate to the costs of exercising another right or claim to which the consumer is entitled. All this in view of the value of the item if it would comply with the agreement, the degree of deviation from what was agreed and the question of whether the exercise of another right or claim does not cause serious inconvenience to the consumer. The aforementioned rights and claims shall accrue to the consumer without prejudice to other rights and claims granted to him by law.
17.3	If the order is accompanied by assembly instructions, Jansen Pompentechniek assumes that these assembly instructions are clear. The consumer or a third party engaged by him must carry out the assembly in accordance with the assembly instructions. The right to warranty expires if a defect to the product or (manufacturing) part has occurred as a result of incorrect assembly or inexpert repair by the consumer or by a third party engaged by him.
17.4	For non-consumers, if a complaint has been made on time, correctly and in accordance with the provisions of Article 16, and it has been sufficiently demonstrated, in Jansen Pompentechniek's reasonable judgment, that the products do not function properly, Jansen Pompentechniek will have the option either to redeliver the products which have proved to be unsound free of charge against return of the products which have proved to be unsound, or to repair the products in question properly, or to grant the buyer a discount on the purchase price to be determined by mutual agreement. By fulfilling one of the aforementioned performances, Jansen Pompentechniek will be fully discharged in respect of its warranty obligations and Jansen Pompentechniek will not be obliged to pay any further (compensation). If Jansen Pompentechniek delivers products to the buyer which Jansen Pompentechniek has obtained from suppliers, Jansen Pompentechniek is never obliged to provide a more far-reaching guarantee or liability vis-à-vis the buyer than to which Jansen Pompentechniek is entitled vis-à-vis its supplier. In case of sale of products which are sold under manufacturer's warranty or parts warranty, there is only a warranty on any defective or faulty individual components or parts of the products delivered by Jansen Pompentechniek to the buyer. Any necessary (de)assembly, adjustment and setting costs of the parts of/to the sold good and additional costs of services or necessary materials (hours, oil, filters, etc.) are fully at the expense of the buyer. Also, all possible administration, shipping and delivery costs and all additional costs to negotiate this factory warranty or parts warranty with the supplier of Jansen Pompentechniek are fully and without reservation at the buyer's expense. All shipping costs from the buyer to Jansen Pompentechniek are at all times at the buyer's expense.
17.5	The provisions of Section 2 of Book 7 of the Civil Code are excluded between the parties if the buyer is not a consumer.

17.6	No warranty is given on batteries, accumulators, tires and other wear parts. Jansen Pompentechniek reserves the right to provide no or different warranties on discounted or so-called outlet items.
17.7	There is a warranty on the products sold by Jansen Pompentechniek only if this is unambiguously and clearly indicated on the orders, assignments, or invoices. The warranty period starts after delivery.
17.8	The products remain entirely at the buyer's risk in the event that repair activities are performed on the products by Jansen Pompentechniek, unless the repair is the result of a defective performance by Jansen Pompentechniek and the buyer cannot reasonably be expected to insure the products for the above risk. Should the buyer carry out any repairs or changes without Jansen Pompentechniek's prior consent or have others carry them out, Jansen Pompentechniek will not be obliged to fulfill its warranty obligations. This also applies if there has been improper use of the products by the buyer or related parties, which includes all use for which the good is reasonably and according to the user manual.
17.9	Any warranty of Jansen Pompentechniek does not apply if and as long as the buyer is in default towards Jansen Pompentechniek, the goods have been exposed to abnormal conditions, or have been handled carefully or incompetently, the goods have been stored for longer than usual and Jansen Pompentechniek has not been given the opportunity to investigate the defect. Any warranty expires one year after delivery.
Article 18 Liability
18.1	Neither Jansen Pompentechniek nor the buyer limit or exclude liability to each other for any liability that cannot be excluded by law.
18.2	With respect to non-consumers, the liability of Jansen Pompentechniek is at all times limited to what is stated in Articles 16 and 17 of these General Terms and Conditions. Jansen Pompentechniek is never liable for any special, indirect or consequential damage of the buyer or third parties, including lost profits, income or turnover, damage to goodwill or reputation, environmental damage, loss of use of any product, system or network or loss of data. The liability of Jansen Pompentechniek towards the buyer, not being a consumer, for whatever reason per event (whereby a related series of events counts as one event) is limited to the relevant purchase price (excluding VAT). If no purchase price can be designated, Jansen Pompentechniek's liability is limited to the amount it receives in this respect from its business liability insurer.
18.3	Except in the event of gross negligence or intent on the part of Jansen Pompentechniek or its senior management, the buyer will indemnify Jansen Pompentechniek against all claims by third parties, for whatever reason, in respect of compensation for damages, costs or interest, in connection with any obligation to deliver, the delivery of goods, the delivered goods themselves or the use thereof, or any work or advice.
18.4	If the agreement concerns items that Jansen Pompentechniek procures or has procured from third parties, Jansen Pompentechniek's liability is furthermore limited to that for which Jansen Pompentechniek's supplier or third party(ies) engaged by Jansen Pompentechniek is liable to Jansen Pompentechniek.
18.5	For consumers, Jansen Pompentechniek is liable under Articles 6:185 et seq. of the Civil Code for products which cause damage to persons or items belonging to the private sphere where that damage - if it concerns damage to persons - results in death or physical injury, or - if it concerns damage to items belonging to the private sphere - exceeds € 500,- (product liability). The previous sentence applies equally to all third-party products imported into the EEA by Jansen Pompentechniek.
18.6	For consumers, the products must have been purchased for private use and Jansen Pompentechniek accepts no liability for any losses or damages suffered by any business, trade or profession conducted by the consumer or any other person using the products.
18.7	Legal liability in consumers: If any intentional or knowingly reckless act or omission by Jansen Pompentechniek or its executives results in death or bodily injury, Jansen Pompentechniek's liability is not limited.
Article 19 Applicable law and competent court .
19.1	All agreements concluded with Jansen Pompentechniek are governed by Dutch law.
19.2	However, the Cantonal Court of the place of business or the district of the buyer also has jurisdiction over claims by Jansen Pompentechniek.
19.3	The applicability of the Vienna Convention on Contracts for the International Sale of Goods (Vienna Convention of 11 April 1980 on Contracts for the International Sale of Goods) is excluded.
19.4	In so far as these general terms and conditions have also been drawn up in a language other than Dutch, the Dutch text shall always prevail in the event of differences.
19.5	If one or more of the provisions of these conditions or any other agreement with Jansen Pompentechniek should be in conflict with any legislation, the provision in question will lapse and will be replaced by a new legally permissible comparable provision to be determined by Jansen Pompentechniek. The agreement will otherwise remain in force.