Terms & Conditions

1 General Application

These terms apply to all transactions between Netmarrow B.V. and any party (Buyer or Seller) entering into a Purchase Order for the supply or acquisition of network equipment.

2 Purchase and Sale; Acceptance

Netmarrow B.V. agrees to buy or sell the Equipment in the quantities and as described in the Purchase Order for the price and on the terms set forth therein.

3 Prices and Payment; Taxes

• Prices: All prices for the Equipment are set forth in the Purchase Order.
• Payment: Unless otherwise specified, payment terms shall be net 30 days from the date the Equipment was tendered for delivery.
• Taxes: Netmarrow B.V. shall pay taxes, fees, or duties imposed by governmental authorities relating to the purchase.

4 Shipment; Title and Risk of Loss

Shipping and handling are additional costs unless stated otherwise. When Netmarrow B.V. is the buyer, title and risk of loss pass upon receipt of the Equipment at the specified delivery address. When Netmarrow B.V. is the seller, title and risk of loss pass to the buyer upon handover to the carrier at the point of dispatch.

5 Inspection and Acceptance of Goods

• Inspection: Netmarrow B.V. shall inspect the Equipment within seven (7) days after receipt.
• Revocation: If inspection reveals a material defect, Netmarrow B.V. may revoke acceptance within said seven-day period.
• Defects: Equipment that fails to meet specifications or exhibits technical malfunctions is considered defective and subject to immediate return.
• Receipt Date: Equipment is not deemed received until it has cleared customs and is available at the delivery address.

6 Product Condition, Warranty & Software

• 6.1 Condition: Buyer acknowledges that Equipment (including servers, optics, and power supplies) may be "Used" or "Refurbished." Such items may show cosmetic wear and tear that does not affect functionality.
• 6.2 Software & Licensing: All Equipment is sold as hardware only. Netmarrow B.V. makes no representations regarding the transferability of software licenses, right-to-use (RTU), or the availability of manufacturer support and firmware updates.
• 6.3 Warranty Period: Netmarrow B.V. provides a standard hardware-functionality warranty of one (1) year for end users and ninety (90) days for resellers from the date of delivery.
• 6.4 Seller Warranties: When sourcing, Seller warrants they own the Equipment free of liens and that it is genuine product authorized for sale within the EEA.

7 Export Control & Compliance

As Netmarrow B.V. operates worldwide, all parties agree to comply with all applicable export and re-export control laws and regulations, including those of the European Union, the Netherlands, and the United States. Equipment may not be sold, leased, or transferred to restricted countries or entities on global sanctions lists.

8 Indemnification & Limitation of Liability

• Indemnification: Seller shall indemnify Netmarrow B.V. against damages arising from a breach of warranties.
• Liability Cap: To the maximum extent permitted by law, the total liability of Netmarrow B.V. for any claim arising out of this Agreement shall not exceed the total purchase price of the Equipment paid under the specific Purchase Order giving rise to the claim.

9 Governing Law and Dispute Resolution

• Law: This Agreement is governed by the laws of the Kingdom of the Netherlands.
• Jurisdiction: Parties submit to the exclusive jurisdiction of the Dutch courts in Amsterdam.
• Arbitration: Any dispute shall be resolved exclusively by binding arbitration under the Rules of the International Chamber of Commerce (ICC).

10 Miscellaneous

• Force Majeure: Performance is excused for causes beyond a party's reasonable control, such as strikes or acts of God.
• Entire Agreement: This document constitutes the final and exclusive statement of terms between the parties.
• Legal Fees: If Netmarrow B.V. prevails in any action or arbitration, it shall be entitled to recover reasonable attorney's fees from the other party.

11 Returns & RMA

Netmarrow B.V. operates a straightforward return process for defective equipment:

• Report: Contact us at sales@netmarrow.com with the serial number and a description of the fault within the applicable warranty period.
• Verification: We will verify the issue through direct troubleshooting before approving a return.
• Resolution: Approved returns will be resolved by replacement, repair, or credit note at our discretion.
• Condition: Returned equipment must be securely packaged. Items damaged in return transit due to inadequate packaging are not eligible for replacement or credit.

12 Privacy & Data

Any personal data collected in connection with a transaction is processed in accordance with our Privacy Policy, which forms part of our relationship with clients and suppliers. Netmarrow B.V. complies with the General Data Protection Regulation (GDPR) and applicable Dutch privacy law.