RETURN POLICY AND TERMS OF SERVICE
RETURN OF GOODS
After receiving the Equipment, the Customer has to immediately check the materials. If the material fails the Customer has to inform SPACE LIFE by e-mail (info@spacelife.nl) within a period of two weeks after the date of delivery. If an other reasonable solution is not possible the Customer can return the goods by sending it back in the same way the Customer received it. Customer will pay for the costs of transportation. The Customer gets the same new goods after SPACE LIFE has received the goods (in the same way the Customer recieved it) from the Customer. If for any reason SPACE LIFE can not send new goods the Customer receives the paid amount of the goods back. Transportation costs of the ordered goods from SPACE LIFE to the Customer are for Customer cost. SPACE LIFE is not responsible for any import duties, custom charges or any other taxes charged by your local government. Please note: shipping costs from SPACE LIFE to Customer can not be refunded!
CONDITIONS AND TERMS OF SPACE LIFE
This document contains the standard conditions of business of SPACE LIFE or its legal successsor(s) for its supply of goods and services. Customers should note that these conditions exclude or modify the contractual and tortious liability of the supplier company and its employees and in certain circumstances may provide them with a right of indemnity against the customer.
1. DEFINITIONS
a. In these conditions ("the Conditions") The Company shall be " SPACE LIFE", or any of its subsidaries or legal successor(s) (further: SPACE LIFE or the Company), whichever is applicable and "the Customer" shall be the person, body, firm or company buying the Equipment from the Company:
b. "The Equipment" or "Consumable Equipment" shall mean any substance, service, article or product to be supplied by SPACE LIFE to the Customer;
c. "The Contract Terms" shall mean the terms relating to the Equipment (including but not limited to the Conditions) agreed between SPACE LIFE and the Customer.
2. GENERAL
a. The Contract Terms constitute the entire contract ("the Contract between SPACE LIFE and the Customer for the supply of the Equipment. Any variation or addition to the Contract shall be without effect unless expressly agreed to in writing by a director of SPACE LIFE:
b. The Company shall not be bound by any conditions relating to the Equipment whether express or implied, of the Customer or any other party in the absence of an acceptance thereof in writing, Signed by a Director of the Company and expressed to be made pursuant to this Condition.
3. PAYMENT
a. The Customer shall pay the charge in advance for (1) the Equipment (excluding Consumable Equipment) and (2) the costs for transportation and delivery of the Equiment by the Customer. As long as the total amount (inluding costs of transportation and delivery) is not paid, the Equipment will not be delivered.
b. Interest is payable on any sums outstanding after the due dates for payment at the rate of 3.5 % above the base rate of ING BANK for the time being in force.
4. LEGAL EXPENSES
The Customer shall be responsible for all costs, charges and expenses including reasonable legal fees incurred by SPACE LIFE (1) in recovering possession of the Equipment (2) in the collection of any sums which may be due and owing by the Customer to SPACE LIFE under the Contract or (3) in the defence of any action brought against SPACE LIFE in respect of any costs, loss, damages or other expenses caused directly or indirectly by or in connection with the operation of the Equipment to any person while the Equipment is in the possession or under the control of the Customer.
5. TITLE AND RISK
The ownership of any item of Consumable equipment will pass to the Customer when such item is used or damaged, whichever shall first occur. The ownership in all other Equipment shall remain in SPACE LIFE and will not pass to the Customer. The risk in the Equipment will pass on delivery of the Equipment to the Customer or to carriers for carriage to the Customer, whichever is the earlier and shall remain with the Customer until physical possession of the Equipment is retaken by SPACE LIFE.
6. DELIVERY
a. The delivery of Equipment to the Customer will be made at the premises of SPACE LIFE;
b. Delivery dates are approximate only and no liability can he accepted for any direct or indirect loss (including but not limited to the negligence of SPACE LIFE). Delay or failure to deliver shall not entitle the Customer to cancel any order.
7. SPECIFICATION
All specifications, performance figures, drawings and particulars of weights and dimensions made available by SPACE LIFE including but not limited to those in the Contract Terms are approximate only and the descriptions and illustrations contained in SPACE LIFE‘s catalogues, price lists or publicity material are intended only to present a general idea of their subject matter and none of these shall form part of the Contract.
8. ACCEPTANCE
It is the normal practice of SPACE LIFE for the Equipment to be checked. The Customer shall inspect the Equipment and test the Equipment immediately upon delivery. If the Customer having tested the Equipment either uses the Equipment or in any event retains the Equipment from the date of delivery without giving SPACE LIFE within a period of two week (after receiving it) notice of any complaint in respect thereof the Customer shall be deemed to have accepted the Equipment and waived any claims in respect of it and shall not be entitled to reject it. If he gives the Company notice of any complaint as aforesaid he shall not be entitled to reject the Equipment until receipt of such notice during which time the Customer shall have given SPACE LIFE the opportunity to remedy any alleged defect, the acceptance of the equipment will constitute the agreement of the Customer to these terms and conditions of business, these are available upon request. They are not negotiable under any circumstances.
9. LIABILITY
a. SPACE LIFE supplies the Equipment (as the case may be) In the state it is, at the date of delivery. If the customer doesn’t complain within a periode of two weeks after receiving the Equipment SPACE LIFE cannot be held liable for any direct and/or indirect loss and/or damage resulting from any improper performance of its obligations or from any wrongful act unless such loss and/or damage ensues from intentional acts or omissions or gross negligence ("opzet of grove schuld") on the part of SPACE LIFE;
b. If no limitation of liability applies, the liability of SPACE LIFE shall be limited to five times the amount, which would or has been charged;
c. Any legal claim filed against SPACE LIFE shall lapse one year after the performance of the work with respect to which the claim has been filed, except if the irregularity which gave rise to the claim could not have been noticed within such period;
d. Any right to damages shall lapse if the Principal fails to commence legal proceedings within 6 months of receiving written notification of the definitive rejection if SPACE LIFE of the (alleged) claim;
e. The customer shall at all times indemnify SPACE LIFE from third-party claims for damages.
f. SPACE LIFE shall not accept responsibility or liability for decisions taken on the basis of any reports and/or certificates issued.
10. DAMAGES
Save for liability for personal injury or death SPACE LIFE shall in no circumstances be liable for indirect or consequential loss or damage of any kind whatsoever arising out of any breach of the Contract notwithstanding that such loss or damage was due negligence of SPACE LIFE.
11. DISPOSAL
The Customer will not sell or offer for sale, loan, assign, pledge, mortgage, encumber, part with possession of or suffer any lien to be created over the Equipment (excluding Consumable Equipment) or by any other act or omission, jeopardise the Company's rights or interest in such Equipment.
12. LICENCES
The Customer shall obtain effect and keep effective all permissions licences and permits which may from time to time be required in connection with the business of the Customer and the use of the Equipment therein, and the premises where they are situated and shall comply with all statutory and other obligations of all kinds in relation to the Equipment and the user thereof.
13. DESTRUCTION OF EQUIPMENT
If the Equipment (excluding the Consumable Equipment) shall be lost stolen destroyed or damaged so as to be incapable of economic repair in the opinion of any insurers of such Equipment any money payable under any policy of insurance shall be applied in replacing such Equipment and if such money is insufficient the Customer shall be responsible for paying the balance.
14. ACCESS TO EQUIPMENT
The Customer shall permit SPACE LIFE or its authorised representatives at all reasonable times to inspect the Equipment and for that purpose to enter upon any premises in which the Equipment may be situated and shall grant reasonable facilities for such inspection.
15. INDEMNITY
The Customer agrees to indemnify and keep the Company indemnified against any claims made or proceedings brought against the Company in respect of any injury or damage occurring as a result or the use or presence of the Equipment or the condition thereof at any time from the date of delivery of the Equipment to the Customer.
16. RETURN OF GOODS
After receiving the Equipment, the Customer has to immediately check the materials. If the material fails the Customer has to inform SPACE LIFE by e-mail (info@spacelife.nl) within a period of two weeks after the date of delivery. If an other reasonable solution is not possible the Customer can return the goods by sending it back in the same way the Customer received it. Customer will pay for the costs of transportation. The Customer gets the same new goods after SPACE LIFE has received the goods from the Customer. If for any reason SPACE LIFE can not send new goods the Customer receives the paid amount of the goods back. Transportation costs of the ordered goods from SPACE LIFE to the Customer are for Customer cost. SPACE LIFE is not responsible for any import duties, custom charges or any other taxes charged by your local government. Please note: shipping costs from SPACE LIFE to customer can not be refunded!
17. EXTENSION OF PROTECTION TO EMPLOYEES AND AGENTS AND POSITION OF EMPLOYEES SUPPLIED
The Customer acknowledges and agrees that the Conditions shall extend to protect and indemnify the employees and agents of the Company and shall be enforceable by the Company for itself and as trustees or agents for such employees and agents.
18. FORCE MAJEURE
SPACE LIFE shall not be liable for any loss or damage or injury of any kind, whether direct or indirect, or consequential or otherwise resulting from any circumstances whatsoever beyond the control of the Company including (but without prejudice to the generality of the foregoing) war, riots, Civil commotion, strikes, lock-outs, fire, flood, explosions, requisitions and acts of God, also during the transportation.
19. ASSlGNMENT
a. No neglect delay or indulgence on the part of SPACE LIFE in enforcing the terms and conditions of the Contract shall prejudice the strict rights of SPACE LIFE;
b. The Contract is personal to the Customer who may not assign it;
20. NOTICES
Any demand notice or other communication required to be given under the Contract in writing shall be sufficiently served if sent by e-maI to info@spacelife.nl.
21. Other conditions
a. SPACE LIFE doesn’t accept general conditions of the contrators or third parties;
b. Other conditions can be agreed in a specific contract between SPACE LIFE and the Customer.
22. LAW
The Contract shall in all respects be governed and interpreted in accordance with the laws of the Netherlands and to the jurisdiction of the Court of Oost-Brabant in the city of ‘s-Hertogenbosch.
SPACELIFE THE NETHERLANDS © 2023 All rights reserved
C.o.C.: 17249537
VAT: NL001895704B67