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Terms and Conditions

for the contract between Networkser Group BV, (Seller) & The Buyer.

Terms and Conditions of Sale

1. Definitions

1.1 In these Conditions:

  • “Buyer” means the person accepted by the Seller to purchase Goods from it, subject to these Conditions;
  • “Conditions” means these terms and conditions of sale and includes any special terms and conditions agreed in writing between the Buyer and the Seller;
  • “Contract” means any agreement for the supply of Goods resulting from a Purchase Order and accepted by the Seller in accordance with Clause 3.4;
  • “Goods” means the goods, including any instalment of the goods or any part of them, which the Seller is to supply in accordance with the Contract;
  • “Purchase Order” means the Buyer’s order for Goods in Writing, which shall include any order that is placed online by the Buyer on the Website;
  • “Seller” means Networkser BV, registered in the Netherlands.
  • “Website” means the website operated by the Seller from time to time, the current URL of which is http://www.networkser.com.
  • “Writing” includes facsimile transmission, e-mail and comparable means of communication.

1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. The headings in these Conditions are for convenience only and shall not affect their interpretation.

2. Status of Buyer

2.1 The Buyer confirms that it is not dealing as a consumer and that it is buying the Goods for use in its business or the business of a third party end-user.

3. Application of these Conditions

3.1 Refunds will be given at the discretion of the Company.

3.2 Every Contract shall be subject to these Conditions and no variations to these Conditions, or any other conditions which the Buyer purports to make applicable, shall be binding unless expressly accepted in Writing by an authorized representative of the Seller.

3.3 The Seller’s employees or agents are not authorized to make any representations concerning the Goods or their performance characteristics either during communications via telephone or facsimile or e-mail or any other method of communication, unless confirmed by the Seller in Writing. In entering into this Contract the Buyer acknowledges that it does not rely on any representations, which are not so confirmed.

3.4 All statements or terms concerning Goods, including prices, quoted or listed by or on behalf of the Seller, or including published price lists, catalogues, pamphlets or postings on the Website constitute invitations to treat, and shall not be construed as offers under any circumstances. Any Purchase Order for Goods received by the Seller from the Buyer shall be deemed to be an offer by the Buyer to purchase Goods, subject to these Conditions. No order shall become binding until the Seller either expressly, by giving notice of acceptance in Writing, or impliedly, by fulfilling the Purchase Order, in whole or in part accepts the offer. The Seller reserves the right to verify any Purchase Order and/or to cancel any Purchase Order placed by the Buyer, whether or not accepted by the Seller.

4. Quotations and Orders

4.1 GOODS SUPPLIED UNDER THESE TERMS AND CONDITIONS MAY BE SOURCED FROM A NUMBER OF ORIGINAL EQUIPMENT MANUFACTURERS. NOTWITHSTANDING ANY PART OR REFERENCE NUMBER USED TO DESCRIBE ANY GOODS, SUCH DESCRIPTION SHALL NOT REPRESENT ANY WARRANTY, REPRESENTATION OR UNDERTAKING THAT SUCH GOODS ARE SUPPLIED BY A PARTICULAR ORIGINAL EQUIPMENT MANUFACTURER.

4.2 All quotations given by the Seller will remain firm for seven (7) days from the date of the quotation provided the Seller receives a Purchase Order based on such quotation by the end of that period. If the Seller identifies an error in a quotation or a price given by the Seller it will endeavour to inform the Buyer of this. Quotations are subject to acceptance of such Purchase Order by the Seller pursuant to clause 3.4.

4.3 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer and providing the Seller with any additional information relating to the goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms. If the Buyer does not provide correct and sufficiently detailed information and the Contract is performed late or the goods delivered are incorrect in terms of specification or quantity the Seller will not be held liable.

4.4 Once a purchase order is received for New in Box products, no cancellation will be accepted as the units would be back-to-back ordered especially for this order. In case of written consent of cancellation the Seller will be able to charge a re-stocking fee of 50% of the total amount of the Purchase Order.

4.5 The quantity, quality and description of and any specification for the Goods and Services shall be those set out in the Buyer’s Purchase Order (if accepted by the Seller). The Seller reserves the right to make any alterations to the specifications of the Goods which are necessary to conform to any applicable statutory or legislative requirements or variations or substitutions which do not materially affect the quality and performance of the Goods.

The Goods will be described on the Seller’s quotation as coming within one of the following categories:

  • NEW RETAIL (Unused): Goods purchased new from a distributor and/or manufacturer, intended for re-sale and carrying a manufacturer’s warranty.
  • UNUSED (Sealed in Original Packaging): Goods never used and unopened, or excess inventory stored for some time; unlikely to have any manufacturer’s warranty left.
  • NEW OPEN BOX (Unused - Opened Box - May be missing some accessories): Unused Goods where packaging has been opened; may include cancelled configured orders or demo stock.
  • REFURBISHED / USED (Used Product - Refurbished - Plain Box): Goods that have been used and likely had a maintenance contract. Re-sprayed and refurbished to a high standard, packaged in a plain box.
  • AS IS (Used Product): Goods that have been used and have not been tested nor refurbished. The seller cannot guarantee proper functionality; no warranty applies.
  • PULLS (Unused/Pulls - Plain Box): Unused Goods most likely pre-configured in chassis products; original packaging does not exist.

5. Cancellations

5.1 Cancellations should be expressed in Writing to the Seller within five (5) days post-order. The Seller’s acceptance of a cancellation will be evidenced by receipt of consent in Writing.

6. Prices

6.1 The price of the Goods shall be the price set out in any valid quotation, or where no price has been quoted, the price listed in the Seller’s published price list or Website. Prices are valid for 7 days. The Seller is not bound to accept any Purchase Order except as provided in clause 3.4.

6.2 The Seller reserves the right to increase the price before delivery to reflect changes in specifications requested by the Buyer or delays caused by the Buyer’s instructions.

7. Terms of Payment

7.1 An invoice will be issued at commencement of delivery. Payment must be made within the designated terms provided at account application. Time of payment is of the essence. The Seller does not hold credit card details unless requested and is not liable for unauthorized use (refer to clause 10.2).

7.2 The Seller may withhold dispatch if the Buyer’s account is over the credit limit or past due. Goods will be held for up to thirty (30) days at the Buyer's expense to remedy the breach.

7.3 If the Customer fails to pay by the due date, the account will be passed to a collection agency. Networkser BV reserves the right to recover any collection or legal costs from the debtor.

8. Delivery

8.1 Delivery terms are to be determined (EXW/FCA/CIP/DDU/DDP) and delivered to the Buyer’s notified place of business. 8.2 Not applicable for Networkser Group BV. 8.3 The Seller reserves the right to elect the carrier and arrange insurance until delivery and Proof of Delivery (POD) is issued. 8.4 Risk passes to the Buyer upon delivery. If the Buyer refuses delivery, risk still passes and the Buyer is liable for storage and insurance costs. 8.5 Installment deliveries constitute separate contracts. 8.6 Seller’s liability for non-delivery is limited to the excess cost to the Buyer of similar replacement goods.

9. Title

9.1 Property in the Goods shall not pass to the Buyer until the Seller has received payment in full. 9.2 Until title passes, the Buyer must store Goods separately, keep them identifiable, and maintain insurance. The Seller is granted an irrevocable license to enter premises to recover Goods if payment is not made.

10. Warranties and Liability

10.1 Goods are sold subject to the original manufacturer’s warranty terms. 10.2 The Seller is not liable for loss of profit, earnings, reputation, or consequential loss, save for death or personal injury resulting from negligence. 10.3 Total liability shall not exceed the price paid for the Goods.

11. Defective Goods

11.1 The Seller reserves the right to decide if goods are defective. Defective goods will be repaired, replaced, or credited. All defects must be reported via the Website within five (5) days of delivery. No returns are accepted without a valid RMA number. A re-stocking fee of 25% applies to refurbished hardware and 30% for New in Box goods. New in Box units must be returned with unopened original packaging.

12. Privacy Policy

12.1 The Seller complies with the Data Protection Act 1998 and applicable legislation. 12.2 Information may be used for internal review, website improvement, notifying users of updates, or assessing credit status with reference agencies. 12.3 Users can opt-out of future emails by informing the Seller via email.

13. General

13.1 Notices must be in Writing. Post is deemed delivered 48 hours after mailing; facsimiles are deemed received at the time of transmission. 13.2 Neither party is liable for delays caused by Force Majeure (flood, fire, earthquake, riots, etc.). 13.3 No waiver of rights occurs if a party fails to exercise a remedy promptly. 13.4 These Terms are governed by Dutch law, and both parties submit to the jurisdiction of the Dutch Courts.

14. Sanctions and Export Controls 

14.1 The Buyer acknowledges and agrees that the sale, purchase, export, re-export, transfer, delivery and use of the Goods may be subject to applicable export control laws and economic sanctions and restrictive measures, including those of the European Union, the Netherlands, and where applicable other relevant jurisdictions (“Sanctions Laws”).

14.2 The Buyer represents, warrants and undertakes that it shall comply at all times with Sanctions Laws in connection with the Goods and any related services, including throughout its supply chain and any onward sale, transfer, shipment, export or re-export.

14.3 Without limitation to Clause 14.2, the Buyer shall not (and shall ensure that its affiliates, agents, intermediaries, customers and end users do not) directly or indirectly:

(a) export, re-export, sell, transfer, ship, supply or otherwise make available the Goods to the Russian Federation (“Russia”) and/or Belarus, or for use in Russia and/or Belarus; or

(b) export, re-export, sell, transfer, ship, supply or otherwise make available the Goods to, within, or for use in any territory of Ukraine not under the control of the Ukrainian government and currently subject to restrictions, including the Crimea region and the non-government controlled areas of the Donetsk, Luhansk, Zaporizhzhia and Kherson regions (together, “Occupied Territories”); or

(c) export, re-export, sell, transfer, ship, supply or otherwise make available the Goods to, within, or for use in the following countries/territories: Belarus, Iran, Cuba, North Korea, Syria and Sudan, to the extent prohibited or restricted by Sanctions Laws.

14.4 The Buyer shall, upon the Seller’s first request, promptly provide complete and accurate information and documentation reasonably required by the Seller to assess compliance with Sanctions Laws, including (where relevant) end-user, end-use, destination and re-export information and/or an end-user statement.

14.5 Any breach of this Clause 14 shall constitute a material breach of the Contract. In addition to any other rights or remedies, the Seller reserves the right to (i) refuse acceptance of any Purchase Order, (ii) suspend, delay or cancel any order and/or delivery, and/or (iii) terminate the Contract, in each case without liability to the Seller, where the Seller reasonably determines that such action is necessary or advisable to comply with Sanctions Laws or to mitigate sanctions and export control risk.

14.6 The Buyer shall indemnify and hold harmless the Seller from and against any losses, damages, liabilities, penalties, costs and expenses (including reasonable legal fees) arising out of or in connection with the Buyer’s breach of this Clause 14 or any violation of Sanctions Laws by the Buyer or any party in its supply chain.