Terms

 

This page contains the following terms:

1. General terms and conditions

2. Warranty conditions

3. General usage rules powertools

1. General Terms and conditions

Legal Notes: 
Breinburg Trading B.V.
Zuidersluisweg 36
8243 RC Lelystad

Phone: +31 (0) 320 793 011

Mail: info@spero.nl
VAT ID No.: NL 820583790B01
Eori No.: 820583790B01

Chamber of Commerce Registration: Almere 32149305

Managing Director:
Mr. Jeffrey Witteveen


1. General
All our offers, quotations, agreements and their implementations are subject to the General Terms and Conditions as deposited at the Chamber of Commerce in Lelystad, The Netherlands. The applicability of all other General Terms and Conditions, in particular those of the client and/or contractor is explicitly excluded.

2. Liability for Contents
Breinburg Trading B.V.  presents the information on this website www.spero.nl for the purpose of providing general information regarding the company and the products. The provided information has been carefully checked. Nevertheless, Breinburg Trading B.V. cannot accept responsibility for the correctness, completeness, quality or timeliness of the provided information. Breinburg Trading B.V. reserves the right to change, amend or delete the contents of this website at any time, without prior notice and without giving any reason. We shall not be liable for any possible consequences of these changes.


3. Quotations
All our quotations are in principle offered without any obligation unless a given period of validity is indicated. All information and/or data provided with the quotation remains our intellectual property. We cannot be deemed liable for incorrect statement of the information provided with our quotations. Offers are valid while supplies last.

4. Agreements
Agreements, including further commitments and/or modifications, are only binding following our explicit confirmation or acceptance in writing. In this regard only our records are conclusive. We are entitled to demand sureties in advance as well engage third parties for the implementation of the agreement.

5. Prices
Our prices are calculated in Euro’s on the basis of purchasing costs and other cost price factors and based on delivery ex-factory/store and exclusive of Value Added Tax, shipping cost, import-duty’s etc. Changes in prices are explicitly reserved at all times. BreinburgTrading B.V. is not responsible for extra costs in cases of which a client is not properly / inaccurate / false registered for sales tax, or a similar tax in any relevant EC Member State.

6. Deliveries and lead-times
Deliveries commence in principle on leaving our factory/store. Only those part deliveries that are designated as such by us are permitted to be free at destination. Delivery times are stated as approximate.
Exceeding these times does not give rise to any claims to damages in any event. Cancellation is only permitted after repeatedly (excessively) exceeding the delivery time and following written notice of default by the other party except for force majeure on our part.
On receipt the delivered goods must be inspected for damage and defects which must be reported on the delivery and dispatch notes. Returns, on our agreement, shall be at the other parties costs.

7. Transport
Transport packaging is at the cost and risk of the other party, even if the transport documents state otherwise. The receiver must check the shipment carefully for damage. In the case of damaged packaging  the receiver and carrier need to make a written notation on the transport document. Damaged packaging caused by carrier needs to be reported within two days of receipt of the products at Breinburg Trading B.V.  after these two days we will void any form of liability.


8. Force Majeure
In the event of force majeure we shall have the right to suspend or dissolve our obligations.

9. Liability
Except for potential indemnity insurance, our liability is limited to the net invoice value of the delivered goods. As regards the remainder, the other party indemnifies us against every claim to damage compensation disregarding the cause.

10. Complaints
Complaints must be reported to us in writing within 8 days of delivery (for invoices this is 8 days following the invoice date), whereupon the other party is bound by the agreement.
As regards hidden defects a period of 8 days after detection applies and an ultimate period of 6 months after delivery.
Returns may only proceed following our prior written permission.
After discovering any defect of the product in question, the client is required to cease the use, of processing or installation without delay.


11. Payment and retention of title
Payment shall be made up front into our bank account, unless there is a written agreement between seller and buyer. An interest at 1.5% per (part of a) month shall be incurred if this period is exceeded.
All further invoicing costs incurred shall be charged to the negligent other party. In the event of late payments, the agreement may be dissolved by us without recourse to the courts, whereupon all our title rights are restored.
The extra judicial collection costs shall be no less than 15% of the total amount owed. Interest and costs of the claims are settled first. Insofar as the other party has not fulfilled its obligations in their entirety, all goods supplied by us which are still with the other party shall remain our (joint) property, which on the introduction of the New Dutch Civil Code has been lost as a non-possessor y pledge concerning the goods for our (surety) collateral and that for the value of what the other party is indebted to us. In the event of resale of (yet) unpaid goods the other party is obliged to cooperate with their assignment. The other party shall be obliged to draw up a similar retention of title as regards his purchaser.

12. Foreign sales Rules
Every high quality machine of Breinburg Trading B.V. is standard delivered with an English or Dutch user manual. Foreign clients are responsible themselves to comply with the EU sales rules to their own customers in their country.

13. Liability for Links
The external links provided on this website lead to contents of other providers. The respective provider alone is responsible for these contents. Breinburg Trading B.V. accepts no responsibility for the accuracy or legality of the contents provided on such websites. The website visitor alone assumes full responsibility when accessing linked third-party websites. The links shall be removed immediately if Breinburg Trading B.V. becomes aware of legal violations posed by these.

14. Copyrights/Exploitation Rights
The publications on this website - specifically the provided information, texts, images, photographs, audio and video clips, designs, graphics, logos, icons, names, product names, business as well as company designations, etc. - are subject to copyright laws, as well as, in some cases, the trademark and design law. This website does not grant license to use this intellectual property. Unauthorized use, reproduction or distribution of individual contents or entire pages are subject to prosecution under criminal and civil law. The reproduction, editing and any form of use of materials outside the limitations of copyright law require the express consent of Spero or the respective author.

15. Disputes
Disputes will be submitted to the competent court in our place of business unless we choose otherwise.

2. Warranty terms

 

BreinburgTrading B.V. stands for quality and sustainability.

 

All Spero machines are carefully inspected and tested and must meet our strictest quality check requirements. Perfectly trusting the quality of its tools, Spero offers a standard 12 months’ manufacturer’s warranty for every machine.

 

The terms and conditions under which this warranty is issued can be found on the following articles 1-8.

 

For handling warranty claims our latest warranty terms shall prevail at all times.

A warranty claim may only be granted by Breinburg Trading B.V.

 

Spero machines come with a standard 12 months’ manufacturer’s warranty in accordance with the following provisions:

 

1. BreinburgTrading B.V. issues the warranty by undoing malfunctions free of charge that clearly presented

themselves in the warranty period and which follow from faulty material or a manufacturing error.

 

2. The standard warranty period is 12 months, commencing upon the first user’s acquisition. The

decisive factor is the purchasing date stated on the original proof of purchase.

           

3. Breinburg Trading B.V.  shall undo the malfunction by repairing or replacing the failing machine, or parts

thereof, at its discretion, without charging labor costs or costs for parts. Breinburg Trading B.V. may replace

malfunctioning machinery or parts thereof by new or reconditioned machinery or parts thereof.

All machinery and parts replaced become property of Breinburg Trading B.V.

 

4. The guarantee claim must be lodged within the guarantee period. This requires the submission or sending

of the complete tool in question with the original sales receipt, which must indicate the purchase date and the

product designation, must be submitted to Breinburg Trading B.V. directly.

If a claim is made within the 12-month guarantee period based on the above mentioned registration,

the down-loaded and printed return form must also be submitted. Partially or completely disassembled

tools cannot be submitted or forwarded in the case of a guarantee claim.

 

5. The manufacturer’s warranty does not cover the costs of transport neither the risks related to the

transportation of your machine to and from Breinburg Trading B.V. directly.

Transport charges for invalid claims may be levied at the discretion of Breinburg Trading B.V.; invalid warranty

claims may be repairable, in which case you may be offered an estimate of the cost involved.

 

6. Claims other than the right to undoing the malfunction referred to in these warranty provisions shall not fall

under the manufacturer’s warranty.

   

7. Due to our guaranteed performances the warranty period for the machine shall not be extended or

renewed.

   

8. The warranty does not cover:

   Components that are subject to natural wear and tear caused by use in accordance with operating

    instructions;

   Defects in the tool caused by non-compliance with the operating instructions, improper use, abnormal

environmental conditions, inappropriate operating conditions, overload or insufficient servicing or

maintenance; negligent maintenance or by faulty storage

   Defects caused by using accessories, components or spare parts other than original Spero parts;

   Machines to which changes or additions have been made;

   Slight deviations from the specified quality that do not affect the value and functionality of the tool;

   Repairs which BreinburgTrading B.V. Service Department did not perform;

   Supplied accessories

   Minor deviations in quality, size, color etc, which from a technical point of view, cannot be prevented can

    yield no ground for warranty.

 

9. Our liability is limited to the amount of the insurer in the present case, to provide by our benefit. If our insurance in any case does not cover or does not pay, then our liability is limited to the invoice amount with a maximum of 4500,- euro.

 

A warranty claim may only be granted by Breinburg Trading B.V.

 

Dutch law shall apply to this warranty to the exclusion of the UN Convention on the International Sale of Goods (CISG) in so far as this is permitted by national legislation.

 

Breinburg Trading B.V.

Zuidersluisweg 36

8243 RC - Lelystad (The Netherlands)

3. General Usage Rules Power Tools
 
Caution: At all times, make sure to cool down or let the machine run stationary for a few minutes after you burden or use a machine for a long time at once.  If you do not take this precaution the coil of the motor can burn out. This type of damage is caused by improper use and is non-compliance with the operating instructions which is not covered by the warranty of Breinburg Trading B.V.. All high quality professional Power tools cannot run longer than 30 - 45 min. at once. This rule applies to any brand equipment which works with a carbon brush motor.

WARNING! Read and understand all instructions. Failure to follow all instructions listed below, may result in electric shock, fire and / or serious personal injury. The term “power tool” in all of the warnings listed below refers to your mains-operated (corded) power tool.
Keep your work area clean and well lit. Cluttered benches and dark areas invite accidents.
Do not operate power tools in explosive atmospheres, such as in the presence of flammable liquid, gases, or dust. Power tools create sparks which may ignite the dust or fumes.
Keep bystanders, children, and visitors away while operating a power tool. Distractions can cause you to lose control.

1. Electrical Safety
Grounded tools must be plugged into an outlet properly installed and grounded in accordance with all codes and ordinances. Never remove the grounding prong or modify the plug in any way. Do not use any adaptor plugs. Check with a qualified electrician if you are in doubt as to whether the outlet is properly grounded. If the tools should electrically malfunction or break down, grounding provides a low resistance path to carry electricity away from the user.
Avoid body contact with grounded surfaces such as pipes, radiators, ranges and refrigerators. There is an increased risk of electric shock if your body is grounded.
Don’t expose power tools to rain or wet conditions. Water entering a power tool will increase the risk of electric shock.
Don’t abuse the cord. Never use the cord to carry the tools or pull the plug from an outlet. Keep cord away from heat, oil, sharp edges or moving parts. Replace damaged cords immediately. Damaged cords increase the risk of electric shock.
When operating a power tool outside, use an PRCD interrupter and an outdoor extension cord marked “W-A” or “W.” These cords and PRCD interrupter are rated for outdoor use and reduce the risk of electric shock.
The network voltage must conform to the voltage indicated on the tool name plate. Under no circumstances should the tool be used when the power supply cable is damaged. A damaged cable must be replaced immediately by an authorized Customer Service Center. Do not try to repair the damaged cable yourself. The use of damaged power cables can lead to an electric shock.

Extension cable:
If an extension cable is required, it must have a sufficient cross-section so as to prevent an excessive drop in voltage or overheating. An excessive drop in
voltage reduces the output and can lead to failure of the motor. Use only U.L. and CSA listed extension cables. Never use two extension cables together. Instead, use one long one. Read the manual for the correct cables.

2. Personal Safety
Stay alert, watch what you are doing and use common sense when operating a power tool. Do not use tool while tired or under the  influence of drugs, alcohol, or medication. A moment of inattention while operating power tools may result in serious personal injury.
Use safety equipment. Always wear eye protection. Safety equipment such as dust mask, non-skid safety shoes, hard hat, or hearing protection used for appropriate conditions will reduce personal injuries.
Avoid accidental starting. Be sure switch is off before plugging in. Carrying tools with your finger on the switch or plugging in tools that have the switch on invites accidents.
Remove adjusting keys or switches before turning the tool on. A wrench or a key that is left attached to a rotating part of the tool may result in personal injury.
Do not overreach. Keep a proper footing and balance at all times. Proper footing and balance enables better control of the tool in unexpected
situations.
Dress properly. Do not wear loose clothing or jewelry. Keep your hair, clothing and gloves away from moving parts. Loose clothes, jewelry or long hair can be caught in moving parts.
3. Tool use and care
Use clamps or other practical way to secure and support the work piece to a stable platform. Holding the work by hand or against your body is unstable and may lead to loss of control.
Do not force the machine or tool. Use the correct machine for your application. The correct tool will do the job better and safer at the rate for which it is designed.
Do not use tool if switch does not turn it on or off. Any tool that cannot be controlled with the switch is dangerous and must be repaired.
Disconnect the plug from the power source before making any adjustments, changing accessories, or storing the tool. Such preventive safety measures reduce the risk of starting the tool accidentally.
Store idle tools out of reach of children and do not allow persons unfamiliar with the power tool or these instructions to operate the power tool. Tools are dangerous in the hands of untrained users.
Maintain tools with care. Keep cutting tools sharp and clean. Properly maintained tools, with sharp cutting edges are less likely to bind and are easier to control.
Check for misalignment or binding of moving parts, breakage of parts, and any other condition that may affect the tools operation. If damaged, have the tool serviced before using. Many accidents are caused by poorly maintained tools.
Use the power tool, accessories and blades etc., in accordance with these instructions and in the manner intended for the particular type of power tool, taking into account the working conditions and the work to be performed.  Use of the power tool for operations different from those intended could result in a hazardous situation.
The machine should not be converted or modified, e.g. for any other form of use, other than as specified in these operating instructions. The user shall be liable for damages and accidents due to incorrect use.
4. Service
Have your tool serviced by a qualified repair person recommended by your official Spero point of sale using only identical replacement parts. This will ensure that the safety of the power tool is maintained.
-WARNING- To reduce the risk of injury, user must read instruction manual. If you cannot read properly or if you do not understand this manual please contact your point of sale.
5. Liability for Contents
Breinburg Trading B.V.  presents the information on this website www.spero.nl for the purpose of providing general information regarding the company and the products. The provided information has been carefully checked. Nevertheless, Breinburg Trading B.V. cannot accept responsibility for the correctness, completeness, quality or timeliness of the provided information. Breinburg Trading B.V. reserves the right to change, amend or delete the contents of this website at any time, without prior notice and without giving any reason. We shall not be liable for any possible consequences of these changes.

6. Copyrights/Exploitation Rights
The publications on this website - specifically the provided information, texts, images, designs, graphics, logos, names, product names - are subject to copyright laws, as well as, in some cases, the trademark and design law. This website does not grant license to use this intellectual property. Unauthorized use, reproduction or distribution of individual contents or entire pages are subject to prosecution under criminal and civil law. The reproduction, editing and any form of use of materials outside the limitations of copyright law require the express consent