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General terms and conditions

GENERAL TERMS AND CONDITIONS OF B-CLIMATE
Filed with the Dutch Chamber of Commerce under number 86949268

Article 1 – General

  1. These terms and conditions apply to all offers, sales agreements for goods, and/or assignments and services/installations provided by B-Climate. The general terms and conditions are sent with every offer. Upon first request, an additional copy of these terms and conditions will be sent free of charge.

  2. Any additions or deviations from these terms and conditions must be agreed upon in writing and shall apply only to the specific agreement for which they were made.

  3. Conflicting general terms and conditions, including those of the other party, shall not be accepted by B-Climate, unless otherwise agreed upon in writing and confirmed by B-Climate.

  4. The other party may never claim that they acted on behalf of a third party unless they have explicitly notified B-Climate of this and B-Climate has accepted the assignment in writing under this condition.

Article 2 – Offers/Quotations

  1. All offers are non-binding and valid for a period of 14 days unless otherwise agreed in writing. An agreement is concluded only after B-Climate has accepted the assignment and the other party has accepted the quotation by signing it. If the quotation is not signed, B-Climate assumes that the quotation reflects what the parties have agreed. The absence of a signature does not diminish the binding nature of the offer and its acceptance.

  2. B-Climate prepares its quotations based on an estimate of the required work hours for project preparation (time-based work), material usage, and other project-related matters. B-Climate determines these hours reasonably but approximately, unless otherwise agreed (fixed-price work).

  3. Methods of calculating remuneration:

    • Fixed Price: Performing a service for a pre-agreed total amount, depending on the assignment and the associated advice.

    • Hourly Rate: A pre-agreed hourly rate for services rendered by one person per hour. The client will be charged for the total number of hours worked. The estimation of hours in advance is made reasonably but remains an approximation.

  4. During execution, B-Climate may make changes to details and dimensions without prior consultation. Such changes, whether technical or aesthetic, shall not constitute grounds for the other party to fail in their obligations.

  5. The written quotation will specify:

    • The location and description of the work;

    • The drawings, technical descriptions, designs, and calculations on which the work will be based;

    • The start date and the timeframe for completion;

    • Whether the work is on a time-and-materials basis or fixed price;

    • Whether a risk arrangement applies, and if so, which one;

    • Whether provisional sums apply, and if so, which ones.

  6. Any drawings, technical descriptions, designs, and calculations created by or on behalf of B-Climate remain the property of B-Climate. These materials may not be shared or shown to third parties for the purpose of obtaining a comparable quotation, nor may they be copied or reproduced. If no assignment is granted, these materials must be returned to B-Climate within 14 days of request. A violation of this provision entitles B-Climate to charge €5,000 per breach.

Article 3 – Additional Work

  1. If, after the assignment has been granted, the client requests additional work not included in the original order, such work will be charged at the agreed hourly rate in addition to the agreed price, unless otherwise agreed. Additional work must be confirmed by the client in writing. Any changes may affect the original delivery date.

  2. Any additional work outside the original scope will be invoiced at the prevailing hourly rate.

Article 4 – Prices and Payment

  1. All prices quoted and charged by B-Climate are the prices in effect at the time of the offer or conclusion of the agreement and are exclusive of VAT, unless otherwise agreed in writing.

  2. If, after the agreement is concluded, prices for materials, taxes, or other cost-determining factors change, B-Climate is entitled to pass on these changes. Increases of more than 10% give the client the right to terminate the agreement, provided this is done in writing within seven days of receiving notification. Termination under these circumstances does not entitle the client to any damages.

  3. Invoicing may be based on a 50% advance invoice and a final invoice, depending on the order size and by mutual agreement. The final invoice is due upon commencement of work (installation day). If the advance payment is not received, B-Climate is entitled to withhold performance.

  4. For joint assignments, each party is jointly and severally liable for the entire invoice amount (Article 7:407(1) Dutch Civil Code).

  5. Without prejudice to its other rights, B-Climate is entitled to charge interest of 1.0% per month (or part thereof) on overdue amounts, starting from the due date.

  6. All extrajudicial and legal costs incurred by B-Climate in relation to a dispute with the client shall be borne by the client.

    Article 5 – Performance of the Agreement

    1. B-Climate shall execute the agreement to the best of its knowledge and ability, and in accordance with the requirements of good workmanship. The Client shall ensure that B-Climate can, in a timely manner, access:

      • All data and approvals necessary for the commencement of the work, such as permits, exemptions, and decisions (including parking permits), as well as information regarding the location of pipelines, sewers, etc. If subsidies may apply to the work, the Client must apply for these in a timely and correct manner. B-Climate accepts no liability for failure to do so.

      • Access to the building or site where the work is to be performed. The site must be accessible, dry, and free from dust. If B-Climate cannot perform its work upon arrival for any reason, the Client will be charged for costs incurred, with a minimum of half a working day.

      • Sufficient space for delivery, storage, and/or removal of building materials and tools.

      • Utility connections for electricity, lighting, heating, gas, water, compressed air, and other necessary facilities, including toilets and break areas.

      • Drawings showing the location of cables, pipes, and conduits.

      • Electricity, gas, and water required by B-Climate will be at the Client’s expense.

    2. The Client shall also ensure that:

      • All necessary safety and precautionary measures are taken and maintained in compliance with applicable government regulations.

      • Waste, including packaging materials and dismantled items, is disposed of by the Client unless otherwise agreed in writing. If B-Climate disposes of waste, the costs will be charged to the Client.

    3. B-Climate is entitled, without prior consent from the Client, to subcontract the agreement or parts thereof to third parties.

    4. The Client must provide B-Climate with all information it deems necessary, or which the Client reasonably should understand is necessary, for performance of the agreement, in a timely manner. Failure to do so entitles B-Climate to suspend work and/or charge the Client for resulting costs.

    5. Air conditioning units are not silent. B-Climate advises on optimal placement; if the Client chooses a different location, this is entirely at the Client’s risk.

    6. If the agreement is to be performed in phases, B-Climate may suspend work on subsequent phases until the Client has approved the previous phase in writing.

    Article 6 – Delivery Period and Completion

    1. Any delivery or completion dates stated in the offer or confirmation of order are indicative only and shall not be regarded as strict deadlines. In the event of delay, the Client must grant B-Climate at least 14 days in writing to still perform.

    2. Delivery periods will, in any case, be extended by any period during which:

      • There is a delay in manufacturing, shipping, assembly, or any other hindrance to execution, regardless of whether attributable to B-Climate.

      • A structural survey is carried out beforehand.

      • The Client is in breach of one or more obligations towards B-Climate, or there is justified concern that such breach will occur.

      • The Client fails to enable B-Climate to perform the agreement.

    Article 7 – Cancellation

    1. In the event of cancellation by the Client, all costs incurred by B-Climate in connection with the order, as well as lost profits, shall be immediately payable, with a minimum of 10% of the contract sum, plus any damages suffered.

    2. Cancellation of special orders is not possible.

    3. Installation of an air conditioning unit is deemed custom work and is not subject to the right of withdrawal for distance sales. Cancellation after installation is not possible. B-Climate may remove and, if agreed, take back the unit for the costs applicable at that time.

    Article 8 – Retention of Title

    1. Delivery shall take place under retention of title. This applies to all claims for payment of goods or services supplied or to be supplied by B-Climate, as well as claims arising from the Client’s breach of any agreement. All goods supplied, including designs, sketches, and drawings, remain the property of B-Climate until the Client has fulfilled all obligations.

    2. The Client may not pledge or otherwise encumber goods under retention of title.

    3. If third parties seize such goods or wish to create rights over them, the Client must inform B-Climate without delay.

    4. The Client must insure and keep insured the goods under retention of title against fire, explosion, water damage, and theft, and present the policy to B-Climate upon request.

    5. In the event of default, the Client grants B-Climate irrevocable permission to enter all premises where its property is located and to repossess it.

    6. The Client may, in the ordinary course of business, sell goods under retention of title, provided they are delivered to third parties subject to the same retention of title. Upon request, the Client must grant B-Climate a silent pledge over claims against such third parties.

    Article 9 – Warranty and Complaints

    1. All products supplied by B-Climate are subject to the manufacturer’s warranty provided by the relevant manufacturer.

    2. B-Climate guarantees that all goods are suitable and legally permissible for their intended purpose, and conform to agreed specifications.

    3. Subject to other provisions in these terms, B-Climate warrants the soundness and quality of its work and materials for 12 months after delivery. No warranty is given for repairs or work on installations not originally carried out by B-Climate.

    4. The warranty lapses in cases of improper use, incorrect handling, or failure to follow technical instructions.

    5. Complaints will not be accepted if:

      • Minor defects fall within reasonable tolerances;

      • Damage is caused by negligence (e.g., poor ventilation or old roofs) or contrary action to B-Climate’s advice;

      • There is insufficient ventilation;

      • The Client has not met obligations towards B-Climate;

      • Repairs or work have been performed by third parties without written consent from B-Climate.

    6. Complaints must be submitted in writing within 8 days and will be addressed only if found justified. If so, B-Climate may repair or redo the work free of charge, or offer a price reduction. Complaints do not suspend payment obligations.

    Article 10 – Inspection and Approval

    1. Inspection shall take place as soon as possible, but no later than 5 days after completion. The Client shall inform B-Climate in writing within 5 days whether the work is approved, listing minor defects or reasons for withholding approval.

    2. Work is deemed approved if put into use. The date of such use is the date of approval.

    3. Minor defects that can be remedied during the maintenance period shall not be grounds for withholding approval.

    Article 11 – Default, Dissolution, Suspension
    B-Climate may, without judicial intervention, dissolve or suspend the agreement if:

    • The Client breaches any provision of the agreement;

    • The Client dies, applies for suspension of payment, files for bankruptcy, or bankruptcy is requested;

    • The Client’s business is closed or liquidated;

    • The Client offers a private settlement;

    • Assets of the Client are seized.

    Article 12 – Liability

    1. B-Climate is never liable for consequential damages, including delays, lost profits, or other damages resulting from non-performance, except in cases of intent or gross negligence by B-Climate.

    2. Liability for professional errors is limited to the amount invoiced for the relevant part of the assignment, up to a maximum of €2,500, or the insured amount paid by B-Climate’s insurer.

    3. Direct damage is limited to:

      • Reasonable costs to determine the cause and extent of damage;

      • Reasonable costs to prevent or limit damage.

    4. The Client indemnifies B-Climate against claims from third parties related to the execution of the agreement.

    Article 13 – Force Majeure
    Force majeure includes any circumstance beyond B-Climate’s control preventing performance, such as war, government measures, shortages of materials, transport disruptions, strikes, epidemics, frost delays, or supplier defaults.
    In case of force majeure, B-Climate may suspend or terminate the agreement without liability.

    Article 14 – Data Protection and Privacy Policy

    1. Any personal data processed will be handled in accordance with applicable data protection laws.

    2. Technical and organisational measures are in place to protect data against loss or unlawful processing.

    3. Personal data will be retained only as long as necessary for their purpose or as required by law.

    4. B-Climate will cooperate with requests for access, correction, or deletion, except where legal retention obligations apply.

    5. All collected data constitute a legally protected database owned by B-Climate, which may not be copied or reused without consent.

    6. Any data breach likely to have serious adverse consequences will be reported to the relevant authority.

    Article 15 – Partial Invalidity
    If any provision is invalid or unenforceable, the remaining provisions shall remain in full force. A suitable replacement provision will be agreed that reflects the original intent as closely as possible.

    Article 16 – Place of Performance, Governing Law, Jurisdiction

    1. The place of business of B-Climate is the place where the Client must fulfil its obligations, unless mandatory provisions dictate otherwise.

    2. All offers and agreements are governed exclusively by Dutch law.

    3. Any disputes shall be submitted to the competent Dutch court.

    4. These terms and conditions were filed with the Dutch Chamber of Commerce in August 2023.

General Terms and Conditions – B-Climate

Note: These General Terms and Conditions are based on Dutch law. In the event of discrepancies between this English version and the original Dutch text, the Dutch text shall prevail.

ARTICLE 1 – Definitions

In these General Terms and Conditions, the following terms shall have the meanings set out below:

  • B-Climate: The entrepreneur in the field of refrigeration technology and air treatment, being the party to any agreement for the supply of products, including the delivery of goods and/or services such as assembly, installation, repairs, inspection or maintenance, and referring to these Terms in its offers.

  • Customer: The counterparty or counterparties to the above-mentioned agreement.

  • Product: Goods and/or services, such as assembly, installation, repair, contracting work, inspection or maintenance.

  • Repair: The restoration of a good.

  • In Writing: By means of a document signed by both parties, or by letter, fax, email, or any other technical means agreed upon by the parties.

ARTICLE 2 – Applicability

Unless otherwise agreed in writing by the parties, these General Terms and Conditions apply to every agreement between B-Climate and the Customer, regardless of whether such agreement concerns the supply of goods and/or the performance of services.
Any reference by the Customer to their own terms and conditions is expressly rejected by B-Climate.
The provisions in Sections II, III, and IV contain specific arrangements and supplement the general provisions in Section I. In case of conflict, the provisions in Sections II–IV shall prevail.

ARTICLE 3 – Offers

  1. All offers, regardless of their form, are without obligation unless expressly stated otherwise.

  2. Offers are based on performance under normal circumstances and during normal working hours.

ARTICLE 4 – Agreement

  1. Where an agreement is concluded in writing, B-Climate is only bound after written acceptance of the order and receipt of the agreed advance payment, if applicable.

  2. If delivery in parts is agreed, each part is considered a separate contract, particularly regarding payment and warranty provisions.

  3. Additional work (“Meerwerk”) refers to any extra deliveries or work performed beyond the quantities or activities explicitly set out in the contract or order confirmation, as agreed with the Customer.

  4. The order confirmation issued by B-Climate is binding regarding the scope and nature of the agreement.

  5. The agreement covers only those products explicitly specified therein.

  6. Data in catalogues, illustrations, drawings, measurements, and weight specifications are binding only if expressly included in a signed contract or order confirmation.

  7. All intellectual property rights on items made available to the Customer through B-Climate remain with the original rights holder. The Customer shall keep all information provided by B-Climate confidential and respect all intellectual property rights.

  8. Drawings, catalogues, and other data provided by B-Climate remain its property and must be returned upon request. Copying, reproducing, or sharing these with third parties is prohibited unless necessary for execution of the agreement.

ARTICLE 5 – Prices

  1. Prices stated in offers or order confirmations are exclusive of VAT and other government charges, and based on delivery “ex works/warehouse” (Incoterms applicable at the time). Prices are calculated “unpacked” unless otherwise agreed.

  2. If one or more cost factors increase after the agreement date—even if foreseeable—B-Climate may increase the agreed price accordingly. This does not apply within the first three months, except for maintenance contracts under Section IV.

  3. Additional work may be charged separately once its cost is known.

  4. Loading/unloading and transport of materials provided by the Customer are not included in the price unless agreed otherwise.

ARTICLE 6 – Payment

  1. Payment must be made within 30 days after delivery, unless otherwise agreed.

  2. For orders over €25,000, payment terms are: 40% on order, 50% on delivery, and 10% within 30 days after delivery.

  3. All payments must be made without deduction or set-off to a bank account specified by B-Climate.

  4. If payment is late, the Customer is in default without notice and interest will be charged at 3% above the Dutch statutory commercial interest rate, plus collection costs.

  5. Payments are allocated first to costs, then interest, and lastly to invoices, starting with the oldest.

ARTICLE 7 – Retention of Title

  1. Ownership of delivered goods remains with B-Climate until all amounts owed, including interest and costs, have been paid in full.

  2. The Customer may not pledge or transfer rights to the goods before ownership passes, except in normal business operations.

  3. The Customer must store goods under retention of title with due care and insure them against fire, explosion, water damage, and theft.

  4. If the Customer defaults, B-Climate may repossess the goods, crediting the market value (up to the original price minus costs).

ARTICLE 8 – Liability

  1. B-Climate’s liability is limited to fulfilling warranty obligations as described in these Terms.

  2. Indirect damages, consequential damages, business interruption, and third-party claims are excluded, except in cases of intent or gross negligence by senior management.

  3. B-Climate is not liable for intellectual property infringements based on Customer-supplied data, nor for loss or damage to materials supplied by the Customer.

ARTICLE 9 – Force Majeure

Force majeure includes any circumstance beyond B-Climate’s control, even if foreseeable, which prevents performance, including war, terrorism, civil unrest, strikes, lockouts, transport issues, fire, and other serious disruptions.

ARTICLE 10 – Termination

  1. B-Climate may terminate the agreement without notice if the Customer fails to meet obligations, suspends payments, ceases business, or transfers the business.

  2. Upon termination, B-Climate is entitled to compensation of 75% of the remaining contract value, without prejudice to claiming actual damages.

ARTICLE 11 – Disputes

Disputes may be brought before the Dutch Disputes Committee for Cooling and Climate (De Geschillencommissie Koude en Klimaat) or the competent Dutch court. Dutch law applies to all offers and agreements.

ARTICLE 12 – General

If any provision is deemed void, the parties shall renegotiate such provision in good faith.

The remainder of the Terms in Sections II–IV (covering delivery, warranty, installation, and maintenance agreements) shall be set out in the same detailed manner as above, retaining Dutch commercial context but fully adapted to be understandable for international readers.

Section II – Special Provisions Regarding Deliveries under Sales Agreements

Article 13 – Delivery and Delivery Times

  1. The delivery period shall commence on the latest of the following dates:

    • The date on which the sales agreement is concluded;

    • The date on which B-Climate has received all documents, data, permits, etc., necessary for fulfilling its obligations under the sales agreement;

    • The date on which all formalities necessary for B-Climate to fulfil its obligations under the sales agreement have been completed;

    • The date on which B-Climate has received any advance payment required under the sales agreement before commencing execution.

  2. If interim changes are made to the sales agreement, or if execution is suspended at the request of the purchaser, the delivery time shall be extended by at least the period of delay caused by such changes or suspension.

  3. If a delay in delivery occurs due to the purchaser’s failure to fulfil any obligation under the agreement, or to provide necessary cooperation, the delivery time shall be extended by at least the duration of such delay.

  4. For the purposes of the delivery period, the product shall be deemed delivered:

    • If an inspection at B-Climate’s premises is agreed: upon readiness for inspection;

    • In all other cases: when ready for dispatch or, if agreed, ready at the place of delivery.

  5. Delivery times are based on the working conditions and timely supply of materials known at the time the agreement was concluded. Should delays occur outside B-Climate’s control, such as changed working conditions or late delivery of materials, the delivery period will be extended accordingly.

  6. Exceeding the delivery period does not entitle the purchaser to full or partial termination of the agreement unless the delay exceeds, or is announced by B-Climate to exceed, 16 weeks. In such a case, the purchaser may terminate the agreement by written notice to B-Climate and, where applicable, shall be entitled to a refund of any portion of the purchase price already paid for undelivered products, and to compensation for damages up to a maximum of 15% of the agreed price of the delivered product. Unless the purchaser exercises this right of termination, exceeding the delivery period, regardless of cause, does not entitle the purchaser to carry out or have others carry out work to execute the agreement without judicial authorization.

Article 14 – Risk in Relation to Delivery

  1. Until delivery in accordance with Article 13(4), products shall remain at B-Climate’s risk and expense. After delivery, products are at the purchaser’s risk and expense.

  2. Unless otherwise instructed by the purchaser, the method of transport, packaging, etc., shall be reasonably determined by B-Climate without liability and without any obligation to take back packaging, unless such return is mandatory under Directive 94/62/EC on packaging and packaging waste.

  3. Shipment of products is always at the purchaser’s risk, even when delivery at B-Climate’s expense has been agreed, and even if the carrier requires the consignment note or other documents to state that transport damage is at the sender’s (B-Climate’s) expense and risk.

Article 15 – Warranty

  1. Subject to the limitations stated below, B-Climate warrants the soundness and quality of the products it delivers for a period of twelve (12) months after delivery as defined in Article 13(4). Products will comply with Dutch regulations on operation, transport, and safety applicable at the time the agreement is concluded. If regulations change before delivery or commissioning, B-Climate will adjust the products to meet the new requirements where possible, with related costs payable by the purchaser.

  2. Unless expressly agreed otherwise in writing, B-Climate’s warranty obligations apply only to deliveries within the Netherlands.

  3. If products have visible defects and the purchaser fails to notify B-Climate within 14 days after delivery, the products are deemed accepted. Acceptance excludes claims for performance deficiencies, without prejudice to B-Climate’s warranty obligations.

  4. Warranty applies only to defects that the purchaser reports to B-Climate immediately upon discovery by registered mail and proves to have arisen within the warranty period as a direct result of faulty design by B-Climate, poor workmanship, or defective materials. The purchaser must return defective products at its own expense, unless B-Climate decides to repair or replace them on-site, in which case all additional costs (travel, accommodation, transport of parts, etc.) are for the purchaser’s account.

  5. Warranty excludes:

    • Damage to paint or chrome unless due to material or construction faults;

    • Normal wear and tear;

    • Defects due to improper or careless use, modifications, instructions, or repairs by the purchaser or third parties;

    • Use for abnormal purposes or in abnormal conditions;

    • Failure to follow B-Climate’s operating instructions.

  6. To meet its warranty obligations, B-Climate may, at its discretion, replace defective parts, carry out repairs, or perform agreed work anew. Replacements do not extend the warranty for the entire product.

  7. Replaced parts become B-Climate’s property and must be returned at the purchaser’s expense. Without B-Climate’s written consent, products or parts may not be returned.

  8. For products or parts not manufactured by B-Climate, the warranty is limited to that offered by B-Climate’s supplier or installer.

  9. If replacement parts cannot be supplied, B-Climate will, if obstacles are temporary, suspend its warranty obligations until resolved. If permanent, B-Climate will reimburse the original cost price of the relevant parts.

  10. The purchaser’s failure to fulfil contractual obligations nullifies any warranty claims.

    Section III – Special Provisions Regarding Assembly and Installation

    Article 16 – Scope of Assembly Obligations

    1. B-Climate’s assembly obligation covers only the work explicitly agreed in writing with the purchaser.

    2. The purchaser is responsible for providing at its own expense and risk:

      • Any auxiliary staff reasonably required, such as bricklayers, carpenters, painters, fitters, and their tools;

      • Hoisting and transport equipment, fuel, lubricants, and all necessary scaffolding, ladders, and other equipment;

      • All necessary construction materials and auxiliary items such as wood, nails, sealing materials, and cleaning agents;

      • Heating, lighting, power, water, and compressed air with the necessary connections at the assembly site;

      • Suitable, dry, lockable storage space near the assembly site for materials, tools, and personal belongings of assembly staff;

      • The location of all relevant cable, conduit, and pipeline routes;

      • All necessary permits, exemptions, and approvals (including parking exemptions).

    3. The purchaser is liable for any damage or loss to materials, tools, and personal belongings of assembly staff, regardless of cause, and must arrange adequate insurance.

    4. If B-Climate’s assembly staff suffer delays or waiting time due to missing preparations or facilities, all resulting costs will be charged to the purchaser.

    Article 17 – Technical Assistance by Purchaser

    1. Without prejudice to the obligations in Article 16, the purchaser shall provide B-Climate with all necessary assistance for carrying out the assembly work, including suitable access to the installation site and any necessary safety measures.

    2. If assembly is delayed due to inadequate assistance or facilities, the purchaser will bear all additional costs.

    Article 18 – Assembly Period

    1. The assembly period begins as soon as the agreed preparatory work is completed and all required materials are present at the assembly site.

    2. The period will be reasonably extended if:

      • The assembly site is inaccessible or unsafe;

      • Necessary materials, equipment, or documents are missing;

      • Weather conditions or other force majeure events prevent work;

      • The purchaser delays or changes the work schedule.

    Article 19 – Testing

    1. After installation, the system will be tested to verify compliance with the agreement.

    2. The purchaser shall be invited to attend testing; absence does not affect the validity of the test results.

    Section IV – Special Provisions Regarding Maintenance and Service

    Article 20 – Scope of Maintenance Obligations

    1. Maintenance obligations are only binding if agreed in writing.

    2. Maintenance agreements typically cover:

      • Regular inspection and cleaning of components;

      • Checking performance and safety features;

      • Replacement of worn or defective parts (unless excluded in writing).

    3. Consumables such as filters, lubricants, and cleaning materials are charged separately unless otherwise agreed.

    Article 21 – Service Requests

    1. Service requests must be made via the designated B-Climate contact channels.

    2. Emergency services outside normal working hours may incur surcharges.

    Article 22 – Duration and Termination of Maintenance Agreements

    1. Maintenance agreements are concluded for the term stated in the agreement.

    2. Termination is only possible in writing with due observance of any notice period agreed.

    3. Early termination by the purchaser does not entitle them to any refund unless agreed otherwise.

      Article 23 – Refrigerants

      If any work involving a refrigerant has been carried out, a record shall be made in the logbook of the relevant installation. Any refrigerants removed in the context of preventive maintenance shall be charged separately to the customer. Upon transfer of the removed refrigerants to B-Climate, B-Climate is obliged to comply with all applicable statutory provisions regarding their handling and disposal.

      Article 24 – Corrective Maintenance

      Work relating to corrective maintenance is not included in the maintenance contract. Corrective maintenance will be performed after receipt of a fault report from the customer or upon detection of the fault by other means. After receiving a fault report, necessary corrective maintenance will, where possible, be carried out during normal working hours.
      In the case of corrective maintenance, the provisions of Section III apply accordingly.

      Article 25 – Unrestricted Access

      The B-Climate service technician must always have free and unobstructed access to the area where an installation is located. If free and unobstructed access is not possible, or is not permitted by the customer, B-Climate is released from its obligation to perform the agreed work, without prejudice to the customer’s obligation to pay B-Climate the agreed price.
      The B-Climate service technician must be able to commence work immediately upon arrival and have the necessary workspace available. Waiting time or delays caused by circumstances not attributable to B-Climate may be charged to the customer.

      Article 26 – Exclusions

      The maintenance contract does not in any case include work related to:

      1. Improper or incorrect use of the installation, or use for purposes other than those for which the installation is intended.

      2. Inadequate cleaning of furniture or cells, resulting in blockage of the water drainage by dirt, thereby impairing the functioning of the installation(s).

      3. Accidents or other external causes or influences.

      4. Abnormal physical or electrical loads.

      5. Alterations or relocation of the installation, or maintenance performed by third parties.

      6. Introduction of new statutory or other government measures affecting the nature or scope of the maintenance work.

      7. Wear of the condenser or evaporator due to weathering or other external influences.

      8. Cases where, in B-Climate’s opinion, repair of the installation is reasonably impossible, or where the capacity of the installation is (or becomes) insufficient for its intended purpose.

      Article 27 – Payment and Performance

      If and to the extent that advance payment has been agreed, the subscription fee shall be payable either on the first day of the contract period or on the first day of the month preceding the maintenance work to be performed.
      Payment of the subscription fee must be made within 14 days of the invoice date.
      If the customer fails, in any way, to fulfil its obligations under the maintenance contract, including payment of the subscription fee, and B-Climate has therefore suspended its obligations, such suspension shall also extend to the reporting and performance of preventive inspections in accordance with the applicable regulations.
      During the period in which B-Climate exercises its right of suspension, it shall not be deemed to be the “manager” within the meaning of Article 6 of the applicable regulations.

      Article 28 – Warranty

      With respect to assembly, repair, installation, maintenance, and service work or other services performed by B-Climate, unless otherwise agreed, warranty is given solely on the soundness of the execution of the work performed, for a period of six (6) months from the date on which the work was completed. This warranty entails only B-Climate’s obligation, in the event of unsound execution, to re-perform the relevant work to the extent necessary to remedy the defect.
      All costs exceeding this obligation, including but not limited to transport costs, travel and accommodation expenses, as well as costs of dismantling and reassembly, shall be borne by the customer.
      The term “repair work” refers to work not performed under warranty.

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