Terms & Conditions

In these General Terms and Conditions, the following definitions apply:

These General Terms and Conditions apply to all offers, quotations, agreements and deliveries by Thermacon B.V., unless expressly agreed otherwise in writing.

The applicability of any purchasing or other conditions of the Client is expressly rejected.

If one or more provisions of these General Terms and Conditions prove to be void or voidable, the remaining provisions shall remain in full force. In that case, Thermacon and the Client shall consult in order to agree on replacement provisions.

Deviations from these General Terms and Conditions are only valid if they have been expressly agreed in writing and apply only to the specific agreement for which they were made.

All offers and quotations from Thermacon are without obligation, unless expressly stated otherwise. An offer or quotation is valid for 30 days from the date of issue, unless stated otherwise.

Thermacon cannot be held to an offer or quotation if the Client could reasonably understand that the offer, or any part thereof, contains an obvious mistake or clerical error.

The prices stated in a quotation are exclusive of VAT and any other government levies, transport, installation and commissioning costs, unless expressly stated otherwise.

If the acceptance deviates from the offer included in the quotation, Thermacon is not bound by it. In that case, the agreement is not concluded in accordance with that deviating acceptance, unless Thermacon indicates otherwise.

An agreement is concluded at the moment Thermacon confirms an order or assignment in writing, or commences performance of the assignment.

Additions to or amendments of the agreement are only concluded by written confirmation from Thermacon. Thermacon is entitled to charge for additional work if changes lead to higher costs.

Thermacon reserves the right to refuse an agreement or to impose additional conditions, without stating reasons.

All prices are in euros, exclusive of VAT and other levies, unless expressly stated otherwise.

Thermacon is entitled to increase the agreed price if, after conclusion of the agreement, cost-increasing circumstances arise, such as increases in raw material or material prices, exchange rate changes, or changes in legislation and regulations.

The delivery times stated by Thermacon are indicative and do not constitute strict deadlines. Exceeding the delivery time does not entitle the Client to compensation, dissolution or suspension of any obligation.

Delivery takes place ex works (Ex Works, Incoterms 2020), unless agreed otherwise in writing. The risk in the products passes to the Client at the moment of delivery.

If the Client does not take delivery of the products at the agreed time, the products will be stored at the Client's expense and risk.

Thermacon is entitled to deliver in partial deliveries, which may be invoiced separately.

Thermacon warrants that the delivered products comply with the specifications laid down in the agreement and are free from material and manufacturing defects.

Thermacon's total liability for an attributable failure to perform the agreement is limited to compensation for direct damage up to a maximum of the amount paid out by Thermacon's liability insurance, or the invoice amount of the relevant agreement.

Thermacon is never liable for indirect damage, consequential damage, lost profit, missed savings, reduced goodwill, damage due to business interruption, or damage as a result of third-party claims.

The limitations included in this article do not apply if the damage is due to intent or deliberate recklessness on the part of Thermacon or its managerial staff.

Thermacon is not obliged to fulfil any obligation if it is prevented from doing so as a result of force majeure. Force majeure is understood to mean any failure that cannot be attributed to Thermacon.

Force majeure includes in any event: war, terrorism, riots, fire, flooding, epidemics, pandemics, strikes, operational disruptions, energy failures, failures in communication networks, government measures, transport problems, shortages of raw materials, and supply problems.

If the force majeure situation continues for more than 90 days, both parties are entitled to dissolve the agreement in writing, without any obligation to pay compensation.

All intellectual property rights to documents, drawings, calculations, designs, software, selection tools and other materials provided by Thermacon rest exclusively with Thermacon or its licensors.

The Client obtains only a non-exclusive, non-transferable right of use for the purpose for which the materials were provided. Reproduction, publication or provision to third parties is not permitted without Thermacon's prior written consent.

In the event of a breach of this article, the Client forfeits an immediately payable penalty of €10,000 per breach, without prejudice to Thermacon's right to claim full compensation.

Complaints about delivered products or services must be submitted to Thermacon in writing within 14 days of discovery, but no later than 60 days after delivery.

The complaint must contain as detailed a description of the defect as possible, so that Thermacon is able to respond adequately. Photos and documentation are appreciated.

Submitting a complaint does not suspend the Client's payment obligation.

If a complaint is found to be justified, Thermacon will, at its own discretion, repair, replace or credit the products.

All agreements between Thermacon and the Client are governed exclusively by Dutch law. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.

Disputes arising from or related to the agreement shall in the first instance be submitted to the competent court in the Limburg district, Roermond location, unless mandatory law prescribes otherwise.

The parties shall only appeal to the court after they have made every effort to settle the dispute by mutual consultation.

Thermacon is entitled to amend these General Terms and Conditions. Amended terms take effect 30 days after publication, or on a later specified date. If the Client does not wish to accept the amended terms, it has the right to dissolve the agreement as of the date on which the amended terms take effect.

Thermacon is entitled to transfer its rights and obligations under the agreement to third parties. The Client may only transfer its rights and obligations with Thermacon's prior written consent.

These General Terms and Conditions are filed with the Chamber of Commerce and will be sent free of charge on request.