Terms and conditions of sale B2B
HVAClift B.V.
EU version English
Version: 01-07-2025
1. Application and definitions
These terms and conditions apply only to customers acting in a profession or business
(“Customer”). Offers are without obligation and valid for 30 days. Applicability of the
customer’s general terms and conditions is expressly rejected, unless otherwise agreed in
writing.
2. Conclusion of the agreement
An agreement is created after written confirmation of the order by HVAClift. Obvious mistakes
or errors in quotations, on the website or in other communications are not binding on
HVAClift.
3. Prices
All prices are exclusive of VAT and other taxes. Additional costs such as transport, installation
and documentation will only be charged if agreed in writing. In the event of objective cost
price increases of five percent or more, HVAClift reserves the right to increase the price
proportionally. If a price increase takes place within three months after the order
confirmation, the Client has the right to terminate the agreement free of charge.
4. Payment
Payment is made in advance or within 14 days of the invoice date. In the event of default,
interest is payable equal to the higher of: (a) the commercial interest according to Article
6:119a of the Dutch Civil Code, (b) the interest as referred to in Directive 2011/7/EU increased
by eight percentage points. Collection costs amount to fifteen percent of the outstanding
claim with a minimum of € 150. Suspension and set-off by the Client are excluded, unless
mandatory law stipulates otherwise.
5. Delivery and risk
Delivery takes place according to Ex Works (Incoterms 2020) from the HVAClift warehouse.
The risk passes at the time of delivery. The delivery times given are indicative. An overrun of a
maximum of four weeks does not entitle the Client to dissolution or compensation. If this
period is exceeded, the Client has the right to terminate the agreement in writing, unless
HVAClift delivers within a reasonable period of time.
6. Commissioning and use
The Client shall ensure a suitable location, correct installation and use in accordance with the
supplied manual. Before first use, the Customer must carry out and document the static and
dynamic test described in the manual. If this is deviated from, the warranty and liability will
expire.
7. Retention of title
HVAClift retains ownership of all delivered goods until full payment of the purchase price,
including any interest and costs. This also applies to goods that have been processed or
assembled after delivery. Receivables from resale are assigned to HVAClift in advance. The
Customer is obliged to cooperate with notification of the assignment if HVAClift decides to do
so.
8. Warranty
HVAClift provides a 24-month warranty on material and manufacturing defects. The
warranty includes repair or replacement at HVAClift’s option. The warranty is void in the
event of improper use, poor maintenance, modifications by third parties or failure to carry
out the prescribed tests. If parts come from third parties, the manufacturer’s warranty of the
respective manufacturer also applies.
9. Liability
HVAClift’s liability is limited to the invoice amount of the respective delivery. HVAClift is not
liable for indirect damage, consequential damage or loss of profit, unless there is intent,
gross negligence or damage as a result of death or bodily injury. In the event of a breach of
core obligations, liability is limited to the typical, foreseeable damage. Core obligations are
understood to mean the obligations that are essential for the achievement of the purpose of
the agreement and on which the Customer may rely. Liability under mandatory product
liability laws remains unaffected.
10. Force majeure
In the event of force majeure, HVAClift has the right to suspend delivery or to dissolve the
agreement in whole or in part without liability for damages. Force majeure means: war,
mobilization, natural disasters, pandemics, export or import bans, operational disruptions,
energy or transport problems, delays in suppliers or other circumstances beyond the control
of HVAClift. If force majeure lasts longer than sixty days, the Client has the right to terminate
the agreement in writing.
11. Compliance, Packaging and Recycling
The products comply with the Machinery Directive 2006/42/EC, EMC Directive 2014/30/EU,
Low Voltage Directive 2014/35/EU and the German ProdSG. The Customer is responsible for
the disposal and recycling of packaging in accordance with national regulations. HVAClift can
provide this on request for a fee. At the end of its life, the Customer is responsible for proper
disposal to an authorized collection point or returns the product to HVAClift at their own
expense, in accordance with the WEEE Directive 2012/19/EU. For the German market,
HVAClift will register in the required WEEE register.
12. Data protection
Personal data is processed in accordance with the applicable regulations (GDPR) and the
privacy policy of HVAClift. The privacy policy is available at www.hvaclift.nl/privacy.
13. Governing Law and Disputes
The agreement is exclusively governed by Dutch law, to the exclusion of the Vienna Sales
Convention (CISG). Disputes will be resolved in the first instance by arbitration in accordance
with the ICC Arbitration Rules, which take place in Amsterdam. HVAClift reserves the right to
choose the competent court in the Netherlands instead. In the case of transactions with
foreign customers, the Dutch translation of these terms and conditions shall prevail.
14. Export and Resale
The Customer declares that it will not supply, install, or use the product outside the
European Economic Area (EEA) without the prior written consent of HVAClift and in
compliance with the applicable export and sanctions regulations.
15. Contact
HVAC B.V
Email: info@hvaclift.nl
Retouradres: Albartsweg 4a 7913VL Hollandscheveld
KVK: 95012257
Final provision
By placing an order, the Customer agrees to these terms and conditions of sale.