Terms and Conditions – Surveying Hub B.V.

Welcome to Surveying Hub B.V.
These terms and conditions outline the rules and regulations for the use of Surveying Hub B.V. Website.

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Surveying Hub B.V. website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice
and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website
and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers
to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client
or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake
the process of our assistance to the Client in the most appropriate manner, whether by formal meetings
of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect
of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law
of The Netherlands. Any use of the above terminology or other words in the singular, plural,
capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.Cookies
We employ the use of cookies. By using Surveying Hub B.V. website you consent to the use of cookies
in accordance with Surveying Hub B.V. privacy policy.Most of the modern day interactive web sites
use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site
to enable the functionality of this area and ease of use for those people visiting. Some of our
affiliate / advertising partners may also use cookies.License
Unless otherwise stated, Surveying Hub B.V. and/or it’s licensors own the intellectual property rights for
all material on Surveying Hub B.V.. All intellectual property rights are reserved. You may view and/or print
pages from info@globalgpssystems.com for your own personal use subject to restrictions set in these terms and conditions.

You must not:

Republish material from http://surveyinghub.com
Sell, rent or sub-license material from http://surveyinghub.com
Reproduce, duplicate or copy material from http://surveyinghub.com
Redistribute content from Surveying Hub B.V. (unless content is specifically made for redistribution).

1. Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular
link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also
reserve the right to amend these terms and conditions and its linking policy at any time. By continuing
to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

2. Removal of links from our website
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact
us about this. We will consider requests to remove links but will have no obligation to do so or to respond
directly to you.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness
or accuracy; nor do we commit to ensuring that the website remains available or that the material on the
website is kept up to date.

3. Content Liability
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify
and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any
page on your Web site or within any context containing content or materials that may be interpreted as
libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or
other violation of, any third party rights.

4. Offers

Each offer or quotation made by or on behalf of Surveying Hub B.V. is made without obligation and does not bind Surveying Hub B.V. except when and for so far as Surveying Hub B.V. has explicitly stated otherwise in writing or when the parties might have agreed otherwise in writing.
All brochures, catalogues, price lists and folders provided in connection with an offer or quotation and all associated (technical) information provided in the form of designs, drawings or other illustrations, models, samples, tables, schedules, etc, and all other data and information provided remains explicitly the industrial and intellectual property of Surveying Hub B.V.. The Other Party is expressly forbidden without Surveying Hub B.V. permission previously given in writing from copying any material, data or information as meant in the previous sentence either wholly or partially and/or from making it known to third parties in whatever way and/or from allowing it to be used by third parties and/or from selling it or from placing it at anybody’s disposal. The use of this material, data and information remains strictly limited to use by the Other Party within the framework of the order given to Surveying Hub B.V.. All the material, data and information meant here must be returned immediately to Surveying Hub B.V. at the first request from Surveying Hub B.V. or if, within the time limit of the offer, the Other Party does not enter into an agreement or if the Other party cancels this agreement.

5. Prices

Prices are in Euro’s and every quotation is without obligation.
Unless explicitly specified otherwise in writing, the prices are: (i) based on ex-works or ex-warehouse delivery from Surveying Hub B.V.; (ii) exclusive of VAT, import duties and other taxes, levies and duties; (iii) exclusive of the costs of packaging, loading and unloading, transport and insurance; (iv) exclusive of the costs of assembly, installation and commissioning, unless otherwise explicitly stated, in which case the costs named here will be separately specified.
In every case prices are stated or agreed upon under the condition that changes in exchange rates will be passed on if the official exchange rate at the moment of delivery deviates by more than 2% from the exchange rate on the date when the offer or quotation was made, the latter exchange rate parity being considered as 100.

6. Payment

Payment shall be made within thirty days after the invoice date.
Payment shall be deemed to be made once the entire outstanding amount is remitted and paid into the bank account designated by Surveying Hub B.V., without deduction or setoff in case of payment made after the agreed term of payment.
The Client shall be deemed to be in default by law and shall pay interest on the outstanding amount without notice or defaults as from the due date of the claim, the interest rate amounting 1% per month or, if higher, a percentage equaling legal interest as well as all cost incurred as a consequence of non-payment or untimely payment by the Client, including both judicial and extra- judicial collection costs. The extra-judicial collection costs shall amount to 15% of the amount to be claimed with a minimum of € 250,00. Surveying Hub B.V. shall at any time be entitled to demand security.
Surveying Hub B.V. is at all times entitled to require security to be given by Client.
Surveying Hub B.V. is entitled to suspend performance of an obligation in case Client neglects to provide the demand reliable security.

7. Delivery

Delivery periods mentioned by Surveying Hub B.V. shall always be approximately.
Delivery shall take place ex works/warehouse.
A delivery period shall not start before the moment Surveying Hub B.V. will have received all necessary documents and information, such as, but not limited to, construction drawings, measurement, security of payment, etc., such according to the judgement of Surveying Hub B.V..
Late delivery shall never rise to damages nor shall it cause the Client to be entitled to non-performance of any obligations towards Surveying Hub B.V..
During the period of deliverance Surveying Hub B.V. is entitled to offer to the Client a temporary alternative e.g. by means of rent, for the account of the Client.
The carriage of goods shall take place for the account and at risk of the Client.
Surveying Hub B.V. shall be free to choose the means and manner of carriage.
Surveying Hub B.V. shall be entitled to make partial deliveries and to send invoices for partial deliveries.
Client owes Surveying Hub B.V. a reasonable reimbursement (including VAT) as determined by Surveying Hub B.V. for the freight charges and handling fee.

8. Claims

With respect to visible defects and shortage, a written claim must be presented within a period of 14 days. With respect to hidden defects a written claim must be presented within 14 days after discovery of such defect or within 14 days after such a defect could reasonably have been discovered. In any case within the period of warranty provided in article 9, in default as a consequence whereof deliveries/activities shall be considered to be accepted by the Client and cannot be contested anymore.
If a claim is presented, the Client shall immediately return the goods to Surveying Hub B.V. for the account and risk of the Client, on penalty of losing the right to claim.
Surveying Hub B.V. liability in case of a visible or hidden defect shall never lead to another obligation on the side of Surveying Hub B.V. than:

i. refunding of the purchase price, or

ii. repairs, or

iii. (re-)delivery of sound goods, such at Surveying Hub B.V.’ option

In case the (re-)delivery of sound goods option is the refunding of the purchase price, than repayment will happen within 14 days after returning the goods.

9. Third parties

Surveying Hub B.V. is entitled to call in third parties for the delivery of products and/or the performance of services or other obligations.

10. Force Majeure

If Surveying Hub B.V., as a result of force majeure, is prevented from fulfilling any of his obligations to the Other Party and in the judgement of Surveying Hub B.V. the force majeure is of a permanent or long-lasting nature, then the parties will discuss a settlement.
If Surveying Hub B.V., as a result of force majeure, is prevented from fulfilling any of his obligations to the Other Party and in the judgement of Surveying Hub B.V. the force majeure will be of a temporary nature, then Surveying Hub B.V. is entitled to postpone the execution of the agreement until the circumstance, cause or event causing the force majeure situation no longer arises.
Considered as ”force majeure” are each circumstance, cause or event, wherever it is occurring, appearing or arising which temporarily or permanently prevents the correct, complete and timely fulfilment of any obligation of Surveying Hub B.V. or makes it impossible or unreasonably problematic, and each circumstance, cause or event which Surveying Hub B.V., in all fairness, cannot be expected to prevent or which wholly or partially falls outside the sphere of influence of Surveying Hub B.V. or on which Surveying Hub B.V. can exercise no influence. The following, amongst other factors, are considered as circumstances, causes or events resulting in force majeure: fire, explosion, lightning strike, ice break-up, low water, high water, tidal wave, spring tide, flood, earthquake, natural disasters; storm, tornado, cyclone, snow, frost and other weather conditions; strikes, work stoppages, excessive (sickness) absenteeism of personnel, labour unrest, lock-outs, boycotts; war (declared or not), mobilisation, siege, besieging, blockade, molestation; riots, revolution, social unrest; governmental actions and/or regulations which prevent, delay or otherwise hinder the fulfilment of obligations; lack of transport resources; unnavigability or unusability of any eligible transportation routes or means of transport; disturbances or interruptions in the provision, delivery or availability of energy; disturbances or interruptions in or of the functioning of any public utility; disturbances or interruptions or ending of the supply of raw materials, semi-finished and/or finished; disturbances or delay in or of, or interruptions or ending of the supply of parts, spare-parts and other articles; each circumstance, cause or event that is the result of or is associated with the so-called millennium problem; non-fulfilment of obligations by a debtor or contract partner of Surveying Hub B.V. (including the non-fulfilment of obligations by one or more third parties); technical disturbances and/or faults, delays, disturbances or interruptions to or with the repair of machines, material, equipment, tools and/or instruments; serious illness and illnesses of an epidemic character.

11. Warranty

The warranty period of delivered goods and/or services by Surveying Hub B.V. is 6 months.
If warranty period of the factory warranty for the delivered goods deviates from the period mentioned above, the warranty period provided by the factory shall prevail.
The warranty period shall start on the day of delivery.
In consideration of the warranty Surveying Hub B.V. is only liable for defects of which he was informed within the warranty period and which the Client proves to have occurred within that period as a direct consequence of the unsound manufacturing method and/or use of unsound materials. Otherwise Surveying Hub B.V. shall not be liable.
The obligations of Surveying Hub B.V. in consideration of this warranty shall not exceed replacement or repair free of charge of the defective products, at Surveying Hub B.V.’ option.
The costs (such as inter ail costs of carriage) incurred for repairs/replacement on site shall at any time be for the account of the Client except for the labor costs of the repairs/replacement in question under the warranty.
The client shall at any time require the express written approval of Surveying Hub B.V. for repairs/replacement and/or maintenance by third parties, on penalty of cancellation of the warranty.
The warranty will never cover, defects that are the consequence of normal wear and tear, improper treatment or improper or incorrect maintenance or repairs/replacements and/or maintenance, et cetera, by Client or third parties.

12. Liability

The liability of Surveying Hub B.V. shall be limited to performance of this obligations under the warranty mentioned in article 9. Any further liability either for direct or for indirect damage, costs and interests, caused by employees of Surveying Hub B.V. or third parties called in by Surveying Hub B.V., is, except in cases of gross wrongful acts and/or intentionally acts of omission, expressly excluded.
The Client shall hold Surveying Hub B.V. harmless against any possible liability towards third parties arising from or relating to services and/or deliveries rendered and/or made by Surveying Hub B.V. on behalf of the client.

13. Reservation of title

The ownership of delivered goods shall remain at Surveying Hub B.V. until all claims of Surveying Hub B.V. against the client are fully paid.
In case of non-performance of any obligations of the Client towards Surveying Hub B.V., the latter shall be entitled to take back the goods without prior notice of default

14. Right of pledge and right of retention

On all goods held or to be held by Surveying Hub B.V. for whatever reason a right of pledge shall be established on behalf of Surveying Hub B.V. and he shall be entitled to a right of retention ex article 3:290 of the Dutch Civil Code as security for all claims that Surveying Hub B.V. has and/or will have against the Client.

15. Services

Especially in those cases where Surveying Hub B.V. is contractually obliged to render any services, Surveying Hub B.V. will only perform as best as reasonable possible without warrantying the results as necessary to fulfil Client’s wishes.

16. Legality

If one or more articles in these general conditions are not legal, for whatever reason, this will not affect the other articles.

17. Applicable law

Dutch law shall govern all agreements, to which the present general conditions are whole or partly applicable.
All disputes arising from offers made by Surveying Hub B.V. and/or the Client shall exclusively be submitted to the judgement of the district court in The Hague.

18. Translations

In case of contradiction between the original (Dutch) version and the translated (English) version of the present general conditions, the original (Dutch) version shall prevail.