TERMS AND CONDITIONS – SIEM ICT

Version: 2-Apr-2025

These terms and conditions apply to all quotations, agreements, and deliveries of hardware and additional services by Siem ICT, located at Delft, registered with the Chamber of Commerce under number 78021308, hereinafter referred to as “Siem ICT”.

Article 1 – Definitions

  • Siem ICT: The party supplying hardware and services to clients.
  • Client: Any natural or legal person purchasing hardware or services from Siem ICT. The Client may, but does not have to be, the End User.
  • End User: The party to whom the Client resells or provides the hardware and/or services for use.
  • Hardware: The products offered by Siem ICT, including but not limited to computers, servers, peripherals, and other IT-related equipment.
  • Service: The optional installation services, configurations, or other support activities provided by Siem ICT at the Client’s request.
  • Agreement: Any purchase or service agreement concluded between Siem ICT and the Client.
  • Delivery Address: The address where the hardware is delivered.
  • Price: The agreed compensation for the hardware and/or service, excluding taxes and shipping costs.
  • Warranty: The period and conditions under which defects in the hardware will be remedied.

Article 2 – Applicability

  1. These terms and conditions apply to all quotations, agreements, and deliveries by Siem ICT.
  2. Deviations from these terms are only valid if agreed upon in writing.
  3. The Client’s general terms and conditions are expressly rejected.
  4. The Client may resell or transfer the hardware and/or services to an End User but remains fully responsible for compliance with the agreement and these terms.

Article 3 – Offer and Agreement

  1. All quotations and offers from Siem ICT are without obligation and may be withdrawn without reason.
  2. An agreement is established once the Client accepts the quotation in writing or by email or places an order.
  3. The Client may transfer the hardware to an End User but remains the contractual counterparty of Siem ICT and is responsible for payment, warranty claims, and compliance with the agreement.

Article 4 – Delivery and Risk

  1. Siem ICT delivers the hardware to the agreed Delivery Address, which may differ from the Client’s billing address, for example, if the delivery is made directly to an End User.
  2. Shipping costs and any import duties are borne by the Client.
  3. The risk of loss or damage to the hardware transfers to the Client once the hardware has been handed over to the carrier.
  4. Siem ICT is not responsible for delays caused by third parties, such as carriers or customs procedures.

Article 5 – Prices and Payment

  1. All prices are exclusive of VAT, import duties, and shipping costs unless stated otherwise.
  2. Payment must be made in advance of delivery via bank transfer.
  3. In case of late payment, the Client shall owe statutory interest and collection costs without further notice.

Article 6 – Warranty and Complaints

  1. The hardware is supplied with a minimum warranty period of 12 months from the delivery date.
  2. Warranty claims must be submitted in writing with a detailed description of the issue.
  3. The warranty is void if the hardware has been misused, incorrectly installed, or damaged due to external factors.
  4. The warranty is granted only to the Client and not directly to the End User unless agreed otherwise.
  5. The costs for returns under warranty are at the Client’s expense.

Article 7 – Service and Installation

  1. Siem ICT can, at the Client’s request, provide installation and configuration services for an agreed fee.
  2. Siem ICT aims for proper installation but cannot guarantee that the installed hardware will function error-free in conjunction with the Client’s or End User’s existing systems.
  3. Siem ICT is not liable for malfunctions, defects, or damages arising from the installation, configuration, or use of the hardware after delivery.
  4. Any support after installation is only provided based on a separately agreed service contract.

Article 8 – Liability

  1. Siem ICT’s liability is limited to the invoice amount of the supplied hardware and/or service.
  2. Siem ICT is not liable for indirect damage, consequential loss, lost profits, or damage resulting from transport or customs issues.
  3. Siem ICT is not responsible for errors or defects arising after installation and use by the Client or End User.
  4. The Client indemnifies Siem ICT against all claims by the End User concerning the functionality of the hardware and/or service unless agreed otherwise in writing.

Article 9 – Force Majeure

  1. In case of force majeure, such as natural disasters, transport delays, or government measures, Siem ICT has the right to suspend delivery or terminate the agreement without compensation.

Article 10 – Governing Law and Disputes

  1. These terms and conditions are governed by Dutch law.
  2. Disputes shall be submitted to the competent court in The Hague.

Article 11 – Amendments and Final Provisions

  1. Siem ICT reserves the right to amend these terms and conditions.
  2. The most recent version can be found at siemict.nl.