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STANDARD TERMS AND CONDITIONS OF SALE AND SERVICE

STANDARD TERMS AND CONDITIONS OF SALE

The client explicitly waives its own general terms and conditions, even if they were established after these Terms and Conditions of Sale. Any deviation or modification shall be valid only if expressly agreed to in advance and confirmed in writing by ModernTeck B.V.

1. Quotations and Payments

Unless otherwise stated in writing, all quotations require a fifty percent (50%) upfront payment before the commencement of work or order processing. The remaining fifty percent (50%) is due upon delivery of the goods or completion of the services.

All invoices are payable within twenty-one (21) working days from the invoice date unless a different payment term is specified in writing.

2. Late Payment

If payment is not received by the due date, ModernTeck reserves the right to apply a fixed interest charge of ten percent (10%) on the outstanding balance. ModernTeck may also suspend any further services, deliveries, or support without prior notice in the event of late payment.

If payment remains outstanding for more than sixty (60) days after the due date, ModernTeck may refer the matter to a debt recovery agency. All collection expenses, including administrative and legal costs, will be payable by the client.

3. Withholding and Tax Obligations

In certain jurisdictions, tax regulations may require clients to withhold a portion of the invoice amount at source. Any such withholding shall be the sole responsibility of the client and must be paid directly to the relevant tax authorities. Under no circumstances will ModernTeck be liable for, or participate in, taxes or deductions imposed by the client’s country. The full invoiced amount remains payable to ModernTeck, free from any deductions or withholdings.

4. Service Commitments

ModernTeck will use reasonable efforts to deliver all goods and services in accordance with agreed timelines and quality standards. However, these obligations constitute obligations of means and not obligations of result. ModernTeck cannot be held liable for indirect, consequential, or incidental damages, including but not limited to loss of profits or business interruption.

ModernTeck will not be obligated to act as a third party or co-defendant in any claim or legal action brought against the client by an end user or any other party.

5. Warranty and Liability

Unless otherwise stated in writing, all products sold by ModernTeck are covered by the manufacturer’s standard warranty. The scope and duration of this warranty depend on the specific product and manufacturer’s policy. ModernTeck’s responsibility under this warranty is limited to facilitating warranty claims with the manufacturer or supplier where applicable.

The warranty does not cover:

  • Damage caused by misuse, negligence, improper installation, or unauthorized modifications.

  • Normal wear and tear or consumable parts.

  • Damage resulting from accidents, natural disasters, power surges, or external factors beyond ModernTeck’s control.

For services or installations performed by ModernTeck, workmanship is warranted for thirty (30) days from completion, provided the work has not been altered or tampered with by third parties.

To initiate a warranty claim, the client must provide proof of purchase and a written description of the issue within the warranty period. ModernTeck reserves the right to repair, replace, or credit the product at its sole discretion.

6. Claims and Complaints

Any claim regarding delivered goods or services must be submitted in writing by registered mail or email with delivery confirmation to ModernTeck’s registered office within eight (8) days of delivery or service completion. Claims filed beyond this period will not be accepted.

7. Governing Law and Jurisdiction

All contractual relationships with ModernTeck are governed exclusively by the laws of Curaçao. Any disputes arising under or in connection with these Terms and Conditions shall fall within the jurisdiction of the competent courts of Curaçao.