Article 6 – Performance of the Agreement

1. AmaraPure shall perform the Agreement to the best of its ability and judgment.
2. Where proper performance requires it, AmaraPure may have certain work carried out by third parties.
3. The Buyer shall ensure all necessary data are provided to AmaraPure in time. Failure may result in suspension of performance.
4. AmaraPure is not obliged to follow Buyer instructions if it alters the content or scope; additional costs are borne by Buyer.
5. AmaraPure may require security or full prepayment before execution.
6. AmaraPure is not liable for damage due to incorrect or incomplete Buyer data unless known to AmaraPure.
7. Buyer indemnifies AmaraPure from claims by third parties related to Agreement performance.
8. AmaraPure may conduct or outsource monitoring for alarm-connected products.
9. Buyer may engage maintenance via recommended partner; remains responsible for execution.
10. Failure to perform maintenance may impair product functionality; warranty may be voided.

Article 7 – Product Delivery

1. Delays caused by Buyer or circumstances beyond AmaraPure allow reasonable extension; no compensation.
2. Buyer must take delivery even if earlier or later than agreed.
3. Refusal or failure to provide info allows AmaraPure to store at Buyer's risk.
4. Delivery costs may apply unless otherwise agreed.
5. Delivery period starts once all required data are provided.
6. Indicative delivery times; longer outside Netherlands.
7. Partial deliveries allowed; may be invoiced separately.
8. Delivery only if all invoices are paid; AmaraPure may refuse for justified reasons.

Article 8 – Packaging and Transport

1. AmaraPure ensures proper packaging and securing of products.
2. All deliveries include VAT, packaging, and disposal fee unless agreed otherwise.
3. Acceptance without remarks proves packaging was in good condition.
4. Delivery to ground floor; vertical transport is Buyer’s responsibility.

Article 9 – Inspection and Complaints

1. Buyer shall inspect delivery immediately or within 7 days.
2. Visible defects: 7 days; hidden defects: 7 days after discovery, max 3 months.
3. Timely complaints do not suspend payment; returns require written consent.
4. Consumer returns must follow original state and instructions; cylinders excluded.
5. AmaraPure may verify authenticity before refund.
6. Refunds processed promptly, max 14 days.
7. Business buyers cannot suspend payments or offset invoices.
8. Incomplete delivery: missing items sent or order canceled; no liability for consequential loss.

Article 10 – Installation Work

1. AmaraPure performs installation with utmost care; based on best effort unless explicitly agreed otherwise.
2. Instructions are considered approved; damages from unauthorized instructions are Buyer’s responsibility.
3. AmaraPure may engage third parties for work execution.
4. Scope follows explicit agreement; AmaraPure informs Buyer of relevant circumstances.
5. Buyer ensures all information, access, and facilities are available.
6. Failure to comply allows AmaraPure to suspend work; costs borne by Buyer.
7. Non-compliance does not waive AmaraPure’s later claims.
8. Cancellation under 48 hours incurs costs.
9. Products can be configured with alarm systems; Buyer provides data.

Article 11 – Additional and Reduced Work and Modifications

1. If during the installation it becomes apparent that the Agreement needs to be adjusted and/or supplemented, or (at the Buyer’s request) additional work is required to achieve the Buyer’s desired outcome, the Buyer is obliged to compensate these additional works according to the agreed (hourly) rate and additional material costs. AmaraPure is not obliged to comply with this request and may require the Buyer to enter into an additional Agreement for this purpose.
2. If a fixed price has been agreed for the work, AmaraPure will inform the Buyer of any additional costs or financial consequences of the extra work.
3. If a fixed price has been agreed for certain work and performing that work results in extra work which reasonably cannot be included in the fixed price, or the price must be increased due to incorrect information provided by the Buyer which was relevant for price determination (unless AmaraPure should have discovered the incorrect information before setting the price), AmaraPure is entitled to charge these costs, after consultation with the Buyer. If the Buyer or an authorized representative is not present on-site, AmaraPure is entitled either to suspend its work or to perform the necessary work in its professional opinion, with the costs and risks borne by the Buyer.
4. In the case of hidden defects or unforeseen circumstances, AmaraPure is entitled to charge extra costs if these circumstances lead to additional work.
5. Price changes resulting from modifications to the Agreement or due to laws and regulations must be compensated by the Buyer.

Article 12 – Repairs and Maintenance

1. If agreed in writing in a maintenance agreement, AmaraPure will perform maintenance and/or repair work. The scope of the maintenance obligation is limited to what has been explicitly agreed by the parties. AmaraPure will inform the Buyer of all circumstances that may affect the (availability) of maintenance.
2. The Buyer is obliged to report any defects, errors, or other malfunctions in writing to AmaraPure, after which AmaraPure, according to its usual procedures, will repair the defects or make improvements as soon as possible and to the best of its ability. If desired, AmaraPure is entitled to provide temporary solutions first, after which a structural solution can be developed and implemented in consultation with the Buyer.
3. The Buyer is obliged to provide cooperation to AmaraPure upon first request.

Article 13 – Delivery of Installation

1. If the start, progress, or delivery of the work is delayed because, for example, the Buyer did not or did not timely provide all requested information, does not cooperate sufficiently, the (advance) payment was not received on time by AmaraPure, or due to other circumstances for which the Buyer is responsible, AmaraPure is entitled to a reasonable extension of the delivery period. All agreed delivery periods are never fatal deadlines.
2. All damages and additional costs resulting from a delay caused by the reasons stated in paragraph 1 are at the Buyer’s expense and risk and may be charged by AmaraPure.
3. AmaraPure will endeavor to complete the work within the agreed timeframe, insofar as reasonably possible.
4. If business days are mentioned, they refer to all (workable) calendar days except recognized national holidays and weekends.
5. The Buyer has independent responsibility for the management, use, and maintenance of the items made and/or delivered by AmaraPure.
6. If AmaraPure has indicated that the work is ready for delivery and the Buyer does not inspect or accept the work within a reasonable period, the work is deemed accepted silently. Minor defects that can be remedied within the maintenance period do not justify non-acceptance if they do not hinder use. After acceptance, the work is considered delivered.
7. After delivery, the work is at the Buyer’s risk. Therefore, the price remains due regardless of loss or deterioration of the work due to reasons not attributable to AmaraPure.
8. AmaraPure is not liable for defects that the Buyer could reasonably have discovered at the time of delivery, except in cases of intentional or grossly negligent behavior by AmaraPure.
9. AmaraPure is entitled to deliver and/or perform work in parts, with each partial delivery or partial performance invoiced separately.

Article 14 – Prices

1. During the validity period of the Offer, the prices of the offered Products or Work will not increase, except in the case of changes in VAT rates.
2. The prices stated in the Offer are exclusive of VAT unless explicitly stated otherwise.
3. The prices mentioned in the Offer are based on the cost factors applicable at the time of concluding the Agreement, such as import and export duties, freight and unloading costs, insurance, and any levies and taxes.
4. In the case of Products or raw materials subject to price fluctuations in the financial market, over which AmaraPure has no influence, AmaraPure may offer these Products at variable prices. The Offer will state that the prices are indicative and may fluctuate.
5. If AmaraPure executes the order (partially) on the Buyer’s premises, additional costs (travel, call-out, parking, and accommodation) will be charged, unless agreed otherwise. For urgent work or work outside office hours at the Buyer’s request, a surcharge may also apply as agreed in the quotation and/or Agreement. Shipping costs are to be reimbursed by the Buyer.
6. The Buyer cannot derive any rights or expectations from a previously provided estimate unless expressly agreed otherwise. If the quoted price is indicative, it may be adjusted during the execution of the Agreement unless AmaraPure has timely warned the Buyer of the likely excess and provided the opportunity to limit or simplify the work. AmaraPure will reasonably cooperate in limiting or simplifying. This also applies if the price depends on the estimated time for the work.
7. If between the date of conclusion of the Agreement (or quotation) and its execution cost-increasing circumstances occur for AmaraPure due to law, regulations, price changes from suppliers or subcontractors, changes in prices of necessary semi-finished products, materials, components, currency fluctuations, import/export duties, shipping/delivery costs, wages, employer contributions, or social premiums, AmaraPure is entitled to increase the agreed price accordingly and charge the Buyer.
8. The Buyer is obliged to pay the agreed advance within the stated period before AmaraPure begins execution of the Agreement. In any case, the Buyer must pay for materials in advance.
9. If a dispute arises over the hours spent or invoiced, AmaraPure’s time records are binding unless the Buyer can convincingly prove otherwise.
10. If during execution of the Agreement extra costs are incurred or risks increase (in AmaraPure’s opinion), the Buyer must pay the additional price.

Article 15 – Payment and Collection Policy

1. Payment should preferably be made in advance in the currency invoiced using the indicated method, unless another payment method has been agreed.
2. The Buyer cannot derive rights or expectations from a previously provided estimate unless expressly agreed otherwise.
3. The Buyer must pay in full to the account details provided by AmaraPure. A different payment term can only be agreed with explicit written consent from AmaraPure.
4. If a periodic payment obligation is agreed, AmaraPure may adjust the applicable prices and rates in writing with a 3-month notice.
5. In the event of liquidation, bankruptcy, seizure, or suspension of payment of the Buyer, AmaraPure’s claims are immediately due.
6. AmaraPure may allocate payments by the Buyer first to costs, then to outstanding interest, and finally to principal and ongoing interest. AmaraPure may refuse full principal repayment if the outstanding and ongoing interest and costs are not also paid.
7. If the Buyer fails to meet its payment obligation within the specified 14-day period, a Business Buyer will be in default. A Consumer Buyer will first receive a written reminder with a 14-day term after the reminder to fulfill the obligation, including the out-of-court costs if the Consumer does not comply within the term.
8. From the date of default, AmaraPure will claim statutory (commercial) interest from the first day of default until full payment and reimbursement of out-of-court costs in accordance with the law.
9. If AmaraPure has incurred higher or additional costs reasonably necessary, these costs are to be reimbursed by the Buyer. Legal and enforcement costs incurred are also at the Buyer’s expense.

Article 16 – Retention of Title

1. All items delivered by AmaraPure remain the property of AmaraPure until the Buyer has fulfilled all obligations from all agreements concluded with AmaraPure.
2. The Buyer is not authorized to pledge or encumber in any other way items subject to retention of title if ownership has not yet fully passed.
3. If third parties seize the items delivered under retention of title or assert rights thereon, the Buyer is obliged to inform AmaraPure as soon as reasonably expected.
4. If AmaraPure wishes to exercise the property rights specified in this article, the Buyer hereby grants unconditional and irrevocable consent and authorization to AmaraPure or its appointed third parties to enter all locations where AmaraPure’s property is located and to reclaim such items.
5. AmaraPure is entitled to retain purchased Products if the Buyer has not yet (fully) fulfilled its payment obligations. Once the Buyer has fulfilled the obligations, AmaraPure will endeavor to deliver the Products as soon as possible, but no later than 20 business days.
6. Costs and other consequential damages resulting from retaining the purchased Products are at the Buyer’s expense and risk and must be reimbursed to AmaraPure upon first request.

Article 17 – Warranty

1. AmaraPure guarantees that the Products comply with the Agreement, the specifications stated in the offer, usability and/or quality, and applicable legal regulations at the time of the Agreement. This does not apply if the products are intended for use abroad and the Buyer has explicitly informed the Seller in writing before the Agreement.
2. Any warranty must be explicitly agreed in writing. Product warranties never extend beyond what is provided by the manufacturer or explicitly agreed. In case of conflict, the manufacturer’s warranty prevails. AmaraPure provides no warranty for sales and/or installation abroad. The warranty period depends on the Product and is the responsibility of the manufacturer/producer. AmaraPure is only responsible for the Product features that the Buyer could reasonably expect.
3. The Buyer can only invoke the warranty provided by AmaraPure if all payment obligations have been fulfilled.
4. If the Buyer validly invokes a warranty, AmaraPure is obliged to perform a free repair or replacement of the delivered product. For any additional damage, the general liability provisions apply. The warranty expires:
1. once the warranty period has expired;
2. as long as the Buyer is in default;
3. if the Buyer has carried out repairs or installation work himself, or had them done by third parties;
4. in case of exposure to abnormal conditions or use contrary to the instructions;
5. if the Buyer uses other Products than those prescribed by AmaraPure and/or the manufacturer.

Article 18 – Suspension and Termination

1. AmaraPure is entitled to suspend the fulfillment of obligations or terminate the Agreement if the Buyer does not fulfill the (payment) obligations fully or partially.
2. Furthermore, AmaraPure is entitled to terminate the Agreement with the Buyer, to the extent not yet executed, without judicial intervention, if the Buyer fails to fulfill obligations arising from any Agreement concluded with AmaraPure in a timely or proper manner.
3. AmaraPure is also entitled to terminate the Agreement without prior notice if circumstances occur that make fulfillment impossible or, according to standards of reasonableness and fairness, cannot reasonably be expected.
4. If the Agreement is terminated, AmaraPure’s claims on the Buyer become immediately due. When suspending obligations, AmaraPure retains its legal and contractual rights.
5. AmaraPure always retains the right to claim compensation.

Article 19 – Limitation of Liability

1. If the execution of the Agreement by AmaraPure leads to liability towards the Buyer or third parties, such liability is limited to the costs charged in connection with the Agreement, unless the damage is due to intent or gross negligence.
2. AmaraPure is not liable for consequential damages in any form, including business loss, lost profit and/or missed savings, downtime, and damage resulting from the use of delivered Products. For Consumers, liability is limited as permitted under Article 7:24(2) BW.
3. AmaraPure is not liable for and/or obliged to repair damage caused by use of the Product. AmaraPure provides strict maintenance and usage instructions which must be followed. All damage due to use (including wear, misuse, water/light damage, theft, or loss) is expressly excluded from liability.
4. If the work shows defects after delivery for which AmaraPure is liable, AmaraPure must be given reasonable time to remedy the defects. The Buyer is liable for damage caused by him or third parties acting on his behalf.
5. The Buyer is liable for loss, theft, and/or damage of items, tools, or materials used by AmaraPure during execution of the Agreement, including defects at the work location.
6. AmaraPure is not liable for damage resulting from actions or omissions based on (incomplete or incorrect) information on websites or linked sites.
7. AmaraPure is not responsible for errors or irregularities in website functionality and is not liable for downtime.
8. AmaraPure does not guarantee correct and complete delivery of emails sent by or on behalf of AmaraPure.
9. All claims of the Buyer due to shortcomings of AmaraPure lapse if not reported in writing within one year after the Buyer became or could reasonably have become aware of the facts. In any case, claims lapse one year after termination of the Agreement.

Article 20 – Indemnification for Accuracy of Information

1. The Buyer is responsible for the accuracy, reliability, and completeness of all data, information, documents, and/or materials provided to AmaraPure in the context of an Agreement. This includes data from third parties. If AmaraPure is aware or reasonably should be aware of inaccuracies in the assignment, including errors or defects in plans, drawings, calculations, specifications, or execution instructions provided by the Buyer, AmaraPure is obliged to warn the Buyer.
2. The Buyer indemnifies AmaraPure against any liability arising from failure or delay to fulfill the obligations mentioned in the previous clause.
3. The Buyer indemnifies AmaraPure against claims by third parties regarding intellectual property rights on data and information provided by the Buyer that may be used in executing the Agreement.
4. The Buyer is responsible for obtaining all required (building) permits. The Buyer indemnifies AmaraPure against any claims arising from missing permits.
5. If the Buyer provides electronic files, software, or data carriers to AmaraPure, the Buyer guarantees that these are free of viruses and defects.
6. The Buyer also indemnifies AmaraPure against all damages, fines, penalties, claims, and other governmental measures.

Article 21 – Force Majeure

1. AmaraPure is not liable if due to a force majeure situation it cannot fulfill its obligations under the Agreement, nor can it be held responsible for obligations hindered by circumstances beyond its control under law or generally accepted standards.
2. Force majeure includes, but is not limited to: (i) supplier defaults, (ii) suppliers’ failures prescribed or recommended by the Buyer, (iii) defects of third-party goods, equipment, or software, (iv) governmental measures, (v) power failures, (vi) internet, data network, or telecommunication failures (including cybercrime or hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, and (x) other situations beyond AmaraPure’s control that prevent fulfillment of obligations temporarily or permanently.
3. AmaraPure may invoke force majeure if circumstances preventing (further) performance occur after AmaraPure should have fulfilled its obligations.
4. Parties may suspend obligations during the force majeure period. If it lasts more than two months, either party may terminate the Agreement without compensation for damages.
5. If AmaraPure has partially fulfilled obligations before force majeure or can do so, it may invoice the fulfilled or fulfillable part separately, and the Buyer must pay this invoice as if it were a separate Agreement.

Article 22 – Risk Transfer

1. The risk of loss or damage to Products subject to the sales agreement transfers to the Buyer (a Business) when the goods leave AmaraPure’s warehouse. For Consumers, the risk transfers when the Products are delivered into the Buyer’s possession at the delivery address.
2. For installation or assembly, the above risk transfers when the work or Products are handed over to the Buyer after installation by AmaraPure.

Article 23 – Intellectual Property Rights

1. All intellectual property rights and copyrights of AmaraPure remain exclusively with AmaraPure and are not transferred to the Buyer.
2. The Buyer may not disclose, reproduce, modify, or provide to third parties any materials on which AmaraPure’s or the manufacturer/supplier’s intellectual property rights or copyrights rest, without prior written consent from AmaraPure. Any changes to goods provided by AmaraPure must be explicitly approved.
3. The Buyer may not use Products subject to AmaraPure’s intellectual property rights other than as agreed in the Agreement.

Article 24 – Privacy, Data Processing and Security

1. AmaraPure handles the (personal) data of the Buyer and website visitors carefully. Upon request, AmaraPure will inform the data subject accordingly.
2. If AmaraPure is required under the Agreement to provide security of information, such security will meet the agreed specifications and a security level that, considering the state of technology, the sensitivity of the data, and associated costs, is not unreasonable.

Article 25 – Complaints

1. If the Buyer is not satisfied with AmaraPure Products or has complaints about the (performance of the) Agreement, the Buyer must report these complaints as soon as possible, but no later than 14 working days after the cause of the complaint. Complaints can be sent to support@amarapure.com with the subject "Complaint".
2. The complaint must be sufficiently substantiated and/or explained for AmaraPure to process it.
3. AmaraPure will respond to the complaint as soon as possible, but no later than 14 calendar days after receipt.
4. The parties will try to reach a solution together. If the complaint is found to be justified, free replacement of the same or equivalent product will take place in consultation with the Buyer.

Article 26 – Applicable Law

1. Any Agreement between AmaraPure and the Buyer is governed by Dutch law. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.
2. In case of interpretation of the content and scope of these general terms and conditions, the Dutch text is always decisive. AmaraPure has the right to unilaterally amend these terms.
3. All disputes arising from or in connection with the Agreement between AmaraPure and the Buyer shall be settled by the competent court of Midden-Nederland (Utrecht) unless mandatory law determines another court.

Article 27 – Complaints

"It may always happen that something does not go as planned. We recommend submitting complaints first to us via support@amarapure.com. If this does not lead to a solution, it is possible to submit your dispute for mediation via Stichting WebwinkelKeur via this link.

The reference to the European Commission’s ODR platform no longer applies, as this platform has been terminated. We recommend removing this reference from the terms."