General Terms and Conditions Perspect Industrial Products B.V.

1. Definitions
In these general terms and conditions, the following terms shall have the meanings set forth below, unless explicitly stated otherwise:

• Perspect Industrial Products: the user of these general terms and conditions, the private limited liability company Perspect Industrial Products B.V.
• Client: the counterparty of Perspect Industrial Products B.V.
• Agreement: the agreement underlying the legal relationship between Perspect Industrial Products B.V. and the Client, relating, among other things, to purchase, rental, lease-purchase, lease, etc.
• Equipment: the equipment provided/delivered to the Client by Perspect Industrial Products B.V. based on the Agreement.

2. Applicability

1. These terms and conditions apply to every agreement between Perspect Industrial Products B.V. and the Client unless expressly and in writing deviated from these terms. If multiple persons act as Clients, they shall be jointly and severally liable for fulfilling the obligations towards Perspect Industrial Products B.V.
2. These terms and conditions also apply to all agreements involving third parties, including employees, subcontractors, and engaged auxiliaries of both Perspect Industrial Products B.V. and the Client.
3. The applicability of any purchasing or other terms and conditions of the Client is expressly rejected.
4. These terms contain a general section (Chapter ‘General’) that applies to all agreements between Perspect Industrial Products B.V. and the Client. Additionally, this agreement includes provisions specifically related to the rental, lease, and/or lease-purchase of equipment (Chapter ‘Rental’) as well as provisions concerning the purchase of equipment (Chapter ‘Purchase’).
5. If one or more provisions in these general terms and conditions are void or annulled, the remaining provisions shall remain fully applicable. Perspect Industrial Products B.V. and the Client shall then consult to agree on new provisions to replace the void or annulled provisions, ensuring the purpose and intent of the original provisions are maintained as much as possible.

3. Offers and Quotations

1. Offers and quotations from Perspect Industrial Products B.V. are non-binding and valid for 30 days unless otherwise stated. Perspect Industrial Products B.V. is only bound by the offers and quotations if and when the Client’s acceptance is confirmed in writing by Perspect Industrial Products B.V.
2. Prices in offers and quotations from Perspect Industrial Products B.V. are exclusive of VAT and other government-imposed levies, as well as any additional costs such as transport, shipping, and administrative costs, unless otherwise stated.
3. If the Client’s acceptance (whether or not on minor points) deviates from the quotation, Perspect Industrial Products B.V. is not bound by it. The Agreement shall only be concluded in accordance with the deviating acceptance if Perspect Industrial Products B.V. explicitly confirms it.
4. A combined price quotation does not oblige Perspect Industrial Products B.V. to deliver part of the offer at a corresponding part of the quoted price.
5. Offers or quotations do not automatically apply to future assignments.

4. Termination
Perspect Industrial Products B.V. is entitled to suspend its obligations or terminate the Agreement unilaterally in writing if:

1. The Client does not or does not fully comply with its obligations under the Agreement.
2. After the conclusion of the Agreement, circumstances come to the knowledge of Perspect Industrial Products B.V. that give good reason to fear that the Client will not fulfill its obligations and refuses to provide adequate security requested by Perspect Industrial Products B.V.
3. The Client was requested to provide security for the fulfillment of its obligations under the Agreement at the time of conclusion, and such security is not provided or is insufficient.
4. The Client applies for a moratorium or is declared bankrupt.
5. Circumstances arise that make the performance of the Agreement impossible or make unaltered continuation of the Agreement unreasonable.

If the Agreement is terminated, the claims of Perspect Industrial Products B.V. on the Client shall be immediately due and payable without prior notice of default. Perspect Industrial Products B.V. retains its legal and contractual claims and remains entitled to full compensation for damages.

5. Liability

1. Perspect Industrial Products B.V. is not liable for damages arising from incorrect and/or incomplete information provided by or on behalf of the Client.
2. Perspect Industrial Products B.V. is not liable for damages caused by third parties engaged by the Client or recommended by the Client.
3. Perspect Industrial Products B.V. is only liable for damages if covered by its liability insurance and only up to the amount paid out by its insurance, plus any deductible, or in the case of intent or gross negligence by Perspect Industrial Products B.V. or its executives.
4. If there is no intent or gross negligence and the insurance does not pay out, Perspect Industrial Products B.V.’s liability is limited to direct damages (excluding indirect damages), with a maximum of €25,000, or the amount reimbursed by a liable supplier.
5. The Client must notify Perspect Industrial Products B.V. in writing of any claims within six months; otherwise, they expire.
6. The Client shall indemnify Perspect Industrial Products B.V. against third-party claims related to the Agreement.

6. Force Majeure

1. Perspect Industrial Products B.V. is not liable for failure to perform due to force majeure.
2. Force majeure includes all external causes beyond the control of Perspect Industrial Products B.V.
3. If force majeure persists for more than two months, either party may terminate the Agreement without obligation to compensate damages.

7. Processing of CMR-Containing Surfaces

The Client must conduct a test for Chromium-6 before the assignment and share the results with Perspect. If this test is not performed, Perspect may conduct it at an additional cost, and any resulting consequences (such as suspension of work) will be at the Client’s expense and risk.

If materials to be treated/removed potentially contain CMR substances (e.g., Chromium-6), the Client must disclose this in advance. If this is not reported and later found to be present, the responsibility lies with the Client.