Table of Contents
- Definitions
- Applicability
- Offers and Agreements
- Prices and Payment
- Retention of Title
- Delivery and Risk
- Warranty
- Maintenance, Support, and Services
- Intellectual Property Rights
- Liability
- Force Majeure
- Privacy and Data Protection
- Governing Law and Disputes
1. Definitions
In these general terms and conditions, the following definitions apply:
- Taqs Holding B.V.: The supplier of goods, services, and/or software as described in the agreement, established in Geleen.
- Client: Any natural or legal person purchasing goods and/or services from Taqs Holding B.V.
- End User: A client purchasing the products for personal use and not for resale.
- Reseller: A client purchasing the products for resale to third parties.
- Agreement: Any agreement or contract between Taqs Holding B.V. and the client to which these terms and conditions have been declared applicable.
- Goods: All hardware, software, services, and other products provided by Taqs Holding B.V.
2. Applicability
2.1 These general terms and conditions apply to all offers, deliveries, and agreements between Taqs Holding B.V. and the client, unless otherwise agreed upon in writing.
2.2 Deviations from these terms and conditions are only valid if agreed upon in writing and only apply to the specific agreement.
2.3 The applicability of any purchasing or other terms of the client is explicitly rejected.
3. Offers and Agreements
3.1 All offers from Taqs Holding B.V. are non-binding unless explicitly stated otherwise. An offer becomes invalid if the product to which the offer relates is no longer available in the meantime.
3.2 An agreement is established when the client receives a written or electronic confirmation from Taqs Holding B.V.
3.3 Taqs Holding B.V. reserves the right to refuse orders or assignments without providing reasons.
4. Prices and Payment
4.1 All prices quoted by Taqs Holding B.V. are exclusive of VAT and any other government-imposed charges, unless stated otherwise.
4.2 Taqs Holding B.V. reserves the right to implement price changes, provided these changes are communicated to the client in writing.
4.3 Payments must be made within the period stated on the invoice. If payment is not made on time, the client is in default by operation of law.
4.4 In the event of late payment, the client will owe statutory commercial interest, as well as extrajudicial collection costs.
5. Retention of Title
5.1 The ownership of the goods supplied by Taqs Holding B.V. remains with Taqs Holding B.V. until the full purchase price, including any interest and costs, has been paid by the client.
5.2 The client is obliged to carefully store the goods supplied under retention of title and to identify them as the property of Taqs Holding B.V.
5.3 If the client fails to meet their payment obligations, Taqs Holding B.V. is entitled to reclaim the goods without prior notice of default.
6. Delivery and Risk
6.1 The delivery of goods will take place in the manner agreed upon in the agreement. The stated delivery times are indicative and do not constitute a strict deadline.
6.2 The risk of loss, damage, or depreciation of the goods passes to the client at the time of delivery.
6.3 If delivery of a product proves impossible, Taqs Holding B.V. will make efforts to offer a replacement product.
7. Warranty
7.1 For end users, a standard warranty of 365 days applies to replacement hardware for original Cisco, Dell, HP Enterprise, HP Aruba, and Ruckus Wireless products.
7.2 The warranty period begins on the date of delivery of the goods to the end user. No warranty applies to resellers.
7.3 This warranty does not cover:
- Damage caused by overvoltage
- Damage due to moisture or extreme environmental conditions
- Damage caused by misuse, including user-inflicted damage
- Normal wear and tear of the products
7.4 The warranty only covers the replacement of defective hardware. Taqs Holding B.V. is not liable for any costs related to the installation or configuration of replacement hardware.
8. Maintenance, Support, and Services
8.1 Taqs Holding B.V. offers optional maintenance and support services, as agreed upon in specific agreements or service level agreements (SLAs).
8.2 The obligations of Taqs Holding B.V. with regard to maintenance and support are limited to what has been agreed upon in writing with the client.
8.3 Improper use of the goods or services, or use that does not comply with the instructions of Taqs Holding B.V., will result in the lapse of any maintenance and support obligations.
9. Intellectual Property Rights
9.1 All intellectual property rights related to the software, documentation, and materials provided by Taqs Holding B.V. remain exclusively with Taqs Holding B.V. or its licensors.
9.2 The client only obtains a non-exclusive, non-transferable license to use the software and/or services in accordance with the provisions of the agreement.
9.3 The client shall not infringe upon the intellectual property rights of Taqs Holding B.V. and shall indemnify Taqs Holding B.V. against any third-party claims in this regard.
10. Liability
10.1 Taqs Holding B.V. is not liable for indirect damages, including but not limited to consequential damages, lost profits, missed savings, loss of data, or business interruptions.
10.2 The limitations of liability stated in this article do not apply in cases of willful misconduct or gross negligence on the part of Taqs Holding B.V.
11. Force Majeure
11.1 Taqs Holding B.V. is not obliged to fulfill any obligation if it is prevented from doing so due to a force majeure event.
11.2 Force majeure includes any circumstance beyond the control of Taqs Holding B.V. that wholly or partially prevents the fulfillment of obligations towards the client.
11.3 If the period in which the fulfillment of obligations by Taqs Holding B.V. is impossible due to force majeure lasts longer than 60 days, both parties are entitled to dissolve the agreement in writing without any obligation to pay damages.
12. Privacy and Data Protection
12.1 Taqs Holding B.V. processes personal data in accordance with applicable laws and regulations, including the General Data Protection Regulation (GDPR).
12.2 The client grants permission to Taqs Holding B.V. to process personal data insofar as this is necessary for the execution of the agreement.
13. Governing Law and Disputes
13.1 All agreements between Taqs Holding B.V. and the client are governed exclusively by Dutch law.
13.2 Disputes arising from or in connection with the agreement will be submitted to the competent court in the district where Taqs Holding B.V., established in Geleen, is located.
