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GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

Enertech Solutions

Effective Date: [Insert Date]

1. General

These General Terms and Conditions apply to all quotations, agreements, services, consulting assignments, inspections, maintenance work, cleaning services, optimization projects, and related activities performed by Enertech Solutions ("Enertech").

By placing an order or accepting a quotation, the Client accepts these Terms and Conditions.

2. Scope of Services

Enertech provides technical services including, but not limited to:

  • Heat exchanger cleaning
  • HVAC system optimization
  • Energy efficiency assessments
  • Cooling and heating system maintenance
  • Technical inspections
  • Preventive maintenance services
  • Chemical cleaning services
  • Engineering consulting

The exact scope of work shall be specified in the quotation, service agreement, or purchase order.

3. Quotations

Unless otherwise stated, quotations remain valid for thirty (30) calendar days from the date of issue.

Enertech reserves the right to revise pricing if circumstances materially change before the commencement of work.

4. Orders and Acceptance

An agreement becomes binding when:

  • The Client accepts a quotation in writing;
  • A purchase order is issued;
  • Work is commenced upon the Client's request.

5. Client Responsibilities

The Client shall provide:

  • Safe access to equipment and facilities;
  • Necessary permits and approvals;
  • Utility services required to perform the work;
  • Relevant technical documentation;
  • Access to personnel when required.

The Client is responsible for ensuring that all equipment is properly isolated and prepared for maintenance unless otherwise agreed.

6. Health, Safety and Environmental Compliance

Both parties shall comply with applicable health, safety and environmental regulations.

Enertech reserves the right to suspend work if unsafe conditions are identified.

Any delay caused by unsafe working conditions shall not constitute a breach of contract by Enertech.

7. Pricing

Unless otherwise agreed in writing:

  • Prices are stated in Euro (EUR);
  • Taxes, duties and governmental charges are excluded;
  • Travel, accommodation and project-related expenses may be charged separately.

Additional work requested by the Client outside the agreed scope shall be invoiced separately.

8. Payment Terms

Invoices are payable within thirty (30) days from the invoice date unless otherwise agreed.

Late payments may incur:

  • Interest at 8% per annum above the applicable European Central Bank reference rate;
  • Collection costs;
  • Legal recovery expenses.

Enertech reserves the right to suspend ongoing work in the event of overdue payments.

9. Changes to Scope

Any modification to the agreed scope of work must be approved by both parties.

Enertech reserves the right to adjust pricing, schedules, and resources resulting from changes requested by the Client.

10. Delays

Enertech shall not be liable for delays caused by:

  • Restricted site access;
  • Client-related delays;
  • Equipment failure beyond Enertech's control;
  • Force majeure events.

Project schedules shall be reasonably adjusted when such circumstances occur.

11. Warranty

Enertech warrants that services will be performed with reasonable skill, care and professional competence.

The warranty period shall be ninety (90) days from completion of the service unless otherwise agreed.

The warranty does not cover:

  • Normal wear and tear;
  • Equipment defects existing prior to service;
  • Improper operation by the Client;
  • Third-party modifications;
  • Corrosion, scaling, fouling or contamination occurring after completion.

12. Limitation of Liability

Enertech's liability shall be limited to the value of the specific service contract giving rise to the claim.

Under no circumstances shall Enertech be liable for:

  • Indirect damages;
  • Consequential damages;
  • Loss of profits;
  • Loss of production;
  • Loss of business opportunities;
  • Loss of data.

This limitation applies regardless of the legal basis of the claim.

13. Equipment Condition

Enertech cannot guarantee the condition, performance, or remaining lifespan of equipment following cleaning, maintenance, or optimization services.

The Client acknowledges that existing corrosion, material fatigue, scaling, erosion, or hidden defects may become visible during or after service.

14. Confidentiality

Both parties agree to maintain confidentiality regarding:

  • Technical information;
  • Business information;
  • Pricing information;
  • Operational data;
  • Proprietary processes.

This obligation shall survive termination of the agreement for five (5) years.

15. Intellectual Property

All reports, analyses, calculations, recommendations, methodologies, procedures, and documentation prepared by Enertech remain the intellectual property of Enertech unless otherwise agreed in writing.

16. Force Majeure

Neither party shall be liable for failure or delay caused by circumstances beyond reasonable control, including but not limited to:

  • Natural disasters;
  • Fire;
  • Flood;
  • War;
  • Civil unrest;
  • Government restrictions;
  • Epidemics or pandemics;
  • Transportation disruptions;
  • Labor disputes.

17. Termination

Either party may terminate the agreement with written notice if the other party materially breaches the agreement and fails to remedy the breach within thirty (30) days.

The Client shall pay for all services performed and costs incurred up to the termination date.

18. Governing Law

These Terms and Conditions shall be governed by and interpreted in accordance with internationally recognized principles of commercial contract law.

The parties shall first seek to resolve disputes through good-faith negotiations.

If no settlement can be reached, disputes shall be submitted to arbitration under the Rules of Arbitration of the International Chamber of Commerce (ICC).

The arbitration shall be conducted in English.

The arbitral decision shall be final and binding upon both parties.

19. Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties and supersede all prior discussions, representations, and understandings relating to the services provided by Enertech Solutions.

Enertech Solutions

Energy • Performance • Reliability

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