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GENERAL TERMS AND CONDITIONS  

P.O. Box 3121
1270 EC Huizen
The Netherlands

CoC: 71285695                                                       

1. Any quotations/offers provided by Aqua Master Tools, both verbally and in writing, are without any obligations.

2. Unless otherwise stated, all prices are exclusive of VAT in EUR.

3. The buyer shall not apply the products or services to be provided by the user in or for the benefit of professional or business, or large-scale or professional hemp cultivation as referred to in Art. 11a Clauses 3 and 5 of the Opium Act, or Art. 1 Clause 2 of the Opium Act Decree. The buyer is aware that delivery by the user to any buyer who is guilty of the aforementioned professional, large-scale cultivation of hemp and/or organised cultivation of hemp may, in view of the statutory duty of investigation incumbent on the user, constitute a suspicion at the user's expense of committing a criminal offence within the meaning of Article 11a of the Opium Act. Within the framework of this obligation to investigate, the buyer shall declare when placing the order that the ordered products are not intended for use in large-scale or professional hemp cultivation. If the buyer acts contrary to Art. 11a Clauses 3 and 5 of the Opium Act, or Art. 1, Clause 2 of the Opium Act Decree, the user shall dissolve the purchase agreement without delay and shall not proceed to delivery. In that case, all business contacts with the relevant buyer will be terminated with immediate effect. Delivery shall take place ex warehouse, unless parties have expressly agreed otherwise in writing. If a buyer is from outside of the European Union, all costs for customs formalities, export documents, etc. will be charged to the buyer. The user shall ensure that the necessary documents are drawn up or will arrange for them to be drawn up, and will ensure that all necessary formalities are completed. Any ensuing costs will be charged to the buyer. The user shall be entitled to charge costs for an assignment or order. Costs shall be calculated in accordance with Incoterms 2000. Specified periods within which goods must have been delivered and/or work must have been completed can never be regarded as strict deadlines, unless expressly agreed otherwise. In the event of late delivery, the user must therefore be given written notice of default. In case of staggered deliveries, each stage shall be regarded as a separate transaction. Any risks relating to the delivered goods are transferred to the buyer at the moment of delivery. If the user is unable to deliver the goods to the buyer due to any cause within the sphere of the buyer, the user reserves the right to store the goods at the expense and risk of the buyer. The user shall inform the buyer in writing of the storage and/or the impediment to the performing the work, and shall set a reasonable term within which the buyer must enable the user to resume the work and/or deliver the goods. If, even after expiry of the reasonable term set by the user, as stipulated in the previous paragraph of this article, the buyer fails to meet its obligations, the buyer shall be in default by the mere course of one (1) month, calculated from the date of storage or obstacle in the execution of the work to be carried out, and the user shall be entitled to dissolve the agreement in writing and with immediate effect, without prior or further notice of default, without judicial intervention and without being obliged to pay compensation for damages, costs and/or interest. The foregoing is without prejudice to the obligation of the buyer to pay the agreed and/or stipulated and/or owed price, as well as any storage costs and/or other costs. Unless the parties have agreed otherwise in writing, goods shall be delivered once to an address provided by the buyer, even if the ordered goods are intended by the buyer to be distributed to different addresses. The buyer guarantees easy access to the destination and is responsible for unloading. The buyer is obliged to return packaging to the user within 14 days, empty and in undamaged condition. If the buyer has paid the user a deposit for said packaging, the user is obliged to take back from the buyer the packaging of the delivered goods, provided that the packaging is undamaged and complete and can be used again as packaging for the same type of goods as it has served for. The user is entitled to demand advance payment or security from the buyer with respect to the fulfilment of financial obligations, before proceeding with delivery.

4. The buyer is obliged to check the goods Aqua Master Tools delivered for any shortcomings or damage within 24 hours after delivery and if there appears to be a case of this, to report this to Aqua Master Tools within this timeframe. Aqua Master Tools is entitled not to disregard any complaints after this period has expired.

5. Return of delivered goods is only accepted by Aqua Master Tools if the buyer submits an invoice for these goods in its name and Aqua Master Tools has explicitly agreed to this prior to return.

 6. Aqua Master Tools does not provide any other or further warranties than those provided by the original producer or supplier of the product.

7. The warranty is never longer than 12 months after delivery.

8. If deliveries cannot take place normally or without interruption due to causes beyond the user's control, the user shall be entitled to charge the buyer for any resulting additional costs, including travel costs. All expenses incurred by the user at the request of the buyer shall be entirely for the account of the latter, unless otherwise agreed in writing.

9. Any goods that are presented for repair must be delivered to an address specified by Aqua Master Tools. Aqua Master Tools is entitled to charge any costs for repair or research to the buyer.

10. All claims for repair or replacement will become null and void if the buyer has itself made changes or repairs to the goods supplied by Aqua Master Tools or has had them made.

11. Aqua Master Tools in principle only delivers goods against payment in cash or if the full invoice amount has been credited to its bank or giro account prior to the delivery, unless agreed otherwise.

12. In case of credit deliveries, Aqua Master Tools will draft an explicit retention of title, which is accepted by the buyer by accepting the delivery. In such a case, any delivered goods remain the property of Aqua Master Tools until full payment of the delivered goods has taken place. This retention of title also applies in full if delivered goods that have not yet been paid for have undergone any processing by the buyer.

13. If any goods to be delivered in the Netherlands are to be used outside of the Netherlands, the user shall not be responsible for the fact that the goods to be delivered comply with the technical requirements, standards and/or regulations imposed by the laws or regulations of the country in which the goods are to be used. This does not apply if, at the time of concluding the agreement, use abroad was reported by the buyer and all necessary data and specifications were submitted. Any other technical requirements the buyer may have buyer regarding the goods to be delivered and that deviate from the standard requirements, must be explicitly reported by the buyer when the agreement is concluded.

14. The agreement(s) concluded between the user and the buyer shall be governed by the laws of the Netherlands exclusively. Any disputes arising from this agreement or these agreements shall be settled in accordance with Dutch law. Any disputes shall be settled by the competent court in Amsterdam, the Netherlands, unless the subdistrict court has jurisdiction in this respect and the user has the authority to bring an action before the competent court at the buyer's place of residence.

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