General Terms and Conditions of QTech Benelux.
1. Introduction and Scope
These General Terms and Conditions apply to all offers, agreements, deliveries, and services provided by QTech Benelux operating under the trade name QTech Industrial Parts and accessible via http://www.qtechbenelux.com.
QTech specializes in the supply of high-quality industrial parts, components, and solutions for manufacturing, machinery, and engineering sectors. These Terms govern the relationship between QTech and any customer purchasing products or services from us, unless otherwise agreed in writing. By placing an order or accepting delivery, you agree to be bound by these Terms.
In the event of any conflict between these Terms and any specific agreement, the specific agreement shall prevail. These Terms supersede any prior understandings or agreements. We reserve the right to amend these Terms at any time, with changes effective upon posting on our website. Continued use of our services after such changes constitutes acceptance.
2. Definitions
For the purposes of these Terms:
- Products: Any industrial parts, components, machinery, tools, or related items supplied by QTech.
- Services: Any ancillary services, such as technical advice, customization, installation assistance, or maintenance provided by QTech.
- Order: A customer’s request to purchase Products or Services, confirmed by QTech in writing (including email or electronic confirmation).
- Delivery: The transfer of physical possession or risk of the Products to the Customer.
- Force Majeure: Events beyond reasonable control, as defined in Section 8.
- Intellectual Property: Patents, trademarks, copyrights, trade secrets, and other proprietary rights.
3. Offers, Orders, and Agreements
All offers and quotations from QTech are non-binding and valid for 30 days unless otherwise stated. Prices, specifications, and delivery times are subject to change due to market fluctuations, supplier issues, or errors. An agreement is formed only upon QTech’s written confirmation of an Order.
Customers must provide accurate information, including specifications, quantities, and delivery details. QTech may refuse or cancel Orders at its discretion, particularly if they violate laws, export regulations, or these Terms. Custom orders (e.g., bespoke industrial components) are non-cancellable once production begins.
If an Order involves export, the Customer is responsible for compliance with all applicable export control laws, including EU and US regulations. QTech may require end-user certifications for sensitive Products.
4. Prices and Payment
Prices are quoted in Euros (EUR) and include VAT, taxes, duties, shipping, insurance, and any additional costs unless specified. QTech reserves the right to adjust prices for changes in raw material costs, exchange rates, or tariffs exceeding 5%.
Payment terms are net 30 days from invoice date for approved credit accounts. New customers or large Orders may require prepayment or a deposit. Late payments incur interest at 1.5% per month, plus collection costs. QTech retains ownership of Products until full payment (retention of title clause under Dutch law).
In case of Customer insolvency, bankruptcy, or payment default, QTech may suspend deliveries, terminate agreements, and demand immediate payment. Discounts or rebates apply only if explicitly agreed and all payments are current.
5. Delivery Terms
5.1 General Delivery Conditions
Deliveries are made Ex Works (EXW) QTech’s warehouse in the Netherlands, as per Incoterms 2020, unless otherwise agreed. Risk of loss or damage passes to the Customer upon handover to the carrier or at the EXW point.
Delivery times are estimates and not guaranteed. QTech strives for timely delivery but is not liable for delays unless caused by gross negligence. Partial deliveries are permitted, with each part invoiced separately.
Customers must inspect Products upon receipt and notify QTech in writing of any defects or shortages within 7 days. Failure to do so constitutes acceptance. For hidden defects, notification must occur within 30 days of discovery, but no later than 12 months from delivery.
5.2 Shipping and Packaging
Shipping is at the Customer’s expense and risk. QTech selects carriers but may accommodate requests at additional cost. Packaging is standard for industrial goods; special packaging (e.g., for hazardous materials) incurs extra fees.
If delivery is delayed due to Customer actions (e.g., incomplete address or refusal), storage costs apply at 0.5% of invoice value per week. QTech may cancel delayed deliveries after 14 days’ notice.
5.3 Returns and Cancellations
Standard Products may be returned within 14 days of delivery, subject to prior approval, in original condition, and at Customer’s cost. A 15% restocking fee applies. Custom or perishable Products are non-returnable.
Cancellations require written notice and QTech’s approval. If approved, cancellation fees may apply: 10% for standard Orders, up to 100% for custom work in progress.
6. Warranties and Quality
QTech warrants that Products conform to specifications at delivery and are free from material defects for 12 months (or manufacturer’s warranty if longer). Services are performed with reasonable care.
This warranty excludes: (I) normal wear and tear; (II) improper use, storage, or installation; (III) modifications by Customer; (IV) third-party components. Remedies are limited to repair, replacement, or refund at QTech’s discretion.
QTech provides technical advice in good faith but without liability for its use. Customers are responsible for verifying Product suitability for their applications, especially in critical industries like aerospace or medical.
All Products comply with EU standards (e.g., REACH, RoHS) where applicable. Certificates of conformity are available upon request for an additional fee.
7. Liability
7.1 General Limitations
QTech’s liability is limited to direct damages caused by willful misconduct or gross negligence, up to the invoice value of the affected Products/Services. Indirect, consequential, or punitive damages (e.g., lost profits, business interruption, data loss) are excluded.
Liability for third-party claims (e.g., intellectual property infringement) is capped at amounts recoverable from QTech’s insurers or suppliers.
7.2 Product Liability
Under Dutch Product Liability Act (based on EU Directive 85/374/EEC), QTech is liable for defective Products causing personal injury or property damage, subject to statutory limitations. Customers must mitigate damages and notify QTech promptly.
For industrial use, Customers assume risks associated with integration into their systems. QTech disclaims liability for non-compliance with Customer-specific regulations unless explicitly agreed.
8. Force Majeure
QTech is not liable for non-performance due to Force Majeure events, including but not limited to: Epidemics/pandemics , supply chain disruptions, raw material shortages, government actions, cyber-attacks, or natural disasters.
Upon occurrence, QTech will notify the Customer and may suspend or terminate affected obligations. If Force Majeure persists beyond 60 days, either party may terminate the agreement without liability, except for payment of delivered goods.
9. Intellectual Property and Confidentiality
QTech retains all Intellectual Property rights in Products, designs, and documentation. Customers receive a non-exclusive license for intended use only. Reverse engineering or copying is prohibited.
Confidential information exchanged (e.g., trade secrets, pricing) must be protected and not disclosed without consent. This obligation survives termination for 5 years.
If Products infringe third-party IP, QTech will, at its option: procure rights, modify/replace, or refund. This is the sole remedy.
10. Data Protection and Privacy
QTech processes personal data in accordance with the General Data Protection Regulation (GDPR).
Customers consent to data use for order fulfillment, including sharing with affiliates or carriers. For B2B transactions, we may use data for credit checks or analytics. Data breaches will be reported as required by law.
We implement robust security measures, but Customers are responsible for their own data security when using our online portal.
11. Termination and Suspension
QTech may terminate or suspend agreements immediately if: (I) Customer breaches Terms; (II) payment is overdue; (III) Customer becomes insolvent; (IV) Force Majeure applies.
Upon termination, outstanding payments are due, and Customers must return or destroy confidential materials. Surviving provisions (e.g., liability limits, IP, confidentiality) remain in effect.
12. Dispute Resolution and Governing Law
These Terms are governed by Dutch law, excluding conflict of laws principles. Disputes shall be resolved exclusively in the courts of Arnhem, Netherlands, unless mandatory law requires otherwise.
Parties agree to negotiate in good faith before litigation. Mediation may be attempted via the Netherlands Mediation Institute.
13. Miscellaneous Provisions
13.1 Severability
If any provision is invalid, the remainder remains enforceable. Invalid provisions will be replaced with valid ones approximating the original intent.
13.2 Assignment
Customers may not assign rights without QTech’s consent. QTech may assign to affiliates or successors.
13.3 Notices
Notices must be in writing, sent via email or registered mail to the addresses provided.
13.4 Entire Agreement
These Terms constitute the entire agreement, superseding prior communications.
13.5 Environmental and Ethical Standards
QTech commits to sustainable practices, complying with EU environmental laws. We encourage Customers to recycle industrial waste responsibly. Ethical sourcing is prioritized; we avoid conflict minerals as per EU Regulation 2017/821.
13.6 Customer Support and Added Value
To enhance our partnership, QTech offers value-added services such as: inventory management consultations, just-in-time delivery programs, and technical webinars. Contact us for tailored solutions to optimize your supply chain.
For questions, contact our team via WhatsApp or email.