1. Definitions
For the purposes of these Terms and Conditions, the following definitions shall apply:
HYDRONIXS
HYDRONIXS, manufacturer and supplier of hydraulic presses, established in Ulft, The Netherlands.
Customer
Any natural or legal person acting in the course of business who requests a quotation from, enters into an agreement with, or otherwise conducts business with HYDRONIXS.
Products
Hydraulic presses supplied by HYDRONIXS, including standardised hydraulic workshop presses within the HD Series and project-based custom-built hydraulic presses.
HD Series
The fixed programme of standard hydraulic workshop presses with predefined models, press classes and technical specifications.
Custom-built / Engineering
Project-based development, engineering and manufacture of hydraulic presses based on customer-provided technical drawings and/or defined functional and technical requirements.
Agreement
Any agreement concluded between HYDRONIXS and the Customer relating to the supply of Products and/or Engineering projects.
2. Scope of Application
2.1 These Terms and Conditions apply to all quotations, agreements, deliveries and services provided by HYDRONIXS.
2.2 Any deviation from these Terms and Conditions shall be valid only if expressly agreed in writing by HYDRONIXS.
2.3 Any general terms and conditions of the Customer are expressly rejected and shall not apply.
3. Quotations and Contract Formation
3.1 All quotations issued by HYDRONIXS are non-binding unless expressly stated otherwise in writing.
3.2 An Agreement is concluded exclusively upon written order confirmation by HYDRONIXS.
3.3 Technical specifications, configurations, capacities or performance figures form part of the Agreement only if explicitly confirmed in writing.
3.4 Obvious errors or mistakes in quotations, documentation or communications do not bind HYDRONIXS.
4. Standard HD Series
4.1 Products supplied under the HD Series are delivered strictly within predefined models, press classes and technical limits.
4.2 Optional accessories or configurations do not alter the fundamental structural or technical design unless explicitly agreed in writing.
4.3 The Customer is solely responsible for assessing whether a standard HD Series Product is suitable for the intended application.
4.4 HYDRONIXS does not provide process advice, application validation or operational guarantees for HD Series Products.
5. Engineering and Custom-built Presses
5.1 Custom-built presses are supplied exclusively on a project basis and fall outside the standard HD Series programme.
5.2 Engineering projects are executed based on:
- technical drawings supplied by the Customer, or
- functional and technical requirements provided by the Customer.
5.3 HYDRONIXS shall not be liable for errors, omissions or inaccuracies in customer-provided information.
5.4 Engineering does not constitute an independent consultancy or advisory service.
5.5 Changes to scope, specifications or requirements may result in additional costs and adjusted delivery times.
6. Responsibility, Installation and Use
6.1 The Customer is solely responsible for correct installation, safe operation, appropriate application and compliance with applicable laws and regulations.
6.2 HYDRONIXS assesses only whether a Product is technically feasible within the parameters specified by the Customer.
6.3 Decisions regarding process design, tooling, operation and usage remain entirely with the Customer.
7. Delivery and Delivery Time
7.1 Delivery times are indicative unless expressly agreed in writing.
7.2 Delays in delivery shall not entitle the Customer to compensation, damages or termination of the Agreement.
7.3 Risk of loss or damage transfers to the Customer upon delivery, unless otherwise agreed in writing.
8. Warranty
8.1 HYDRONIXS warrants that Products are free from demonstrable manufacturing or design defects at the time of delivery.
8.2 Warranty excludes wear and tear, misuse, overloading, improper application, incorrect installation and unauthorised modifications.
8.3 Warranty claims must be submitted in writing within a reasonable time after discovery.
8.4 Any modification or repair without prior written approval voids all warranty rights.
9. Liability
9.1 HYDRONIXS shall only be liable for direct damage resulting from wilful misconduct or gross negligence.
9.2 In cases of ordinary negligence, liability is limited to breach of essential contractual obligations and to foreseeable, direct damage only.
9.3 Liability is in all cases limited to the amount paid under the relevant Agreement or the amount paid out under HYDRONIXS’ liability insurance, whichever is lower.
9.4 HYDRONIXS shall not be liable for indirect damage, consequential loss, loss of profit, production loss, business interruption or third-party claims.
9.5 Nothing in these Terms excludes liability that cannot be limited under mandatory applicable law.
10. Intellectual Property
All drawings, calculations, designs, documentation and technical data remain the exclusive property of HYDRONIXS unless expressly agreed otherwise in writing.
11. Payment
Payment terms are specified in the quotation or Agreement.
In case of late payment, HYDRONIXS may suspend further deliveries or services without prejudice to other rights.
12. Governing Law and Jurisdiction
These Terms and Conditions and any Agreement shall be governed by and construed in accordance with the laws of the Netherlands.
Any disputes shall be submitted to the competent court in the Netherlands, unless mandatory law provides otherwise.
13. Final Provisions
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
The latest version of these Terms and Conditions published by HYDRONIXS shall apply.