General Terms and Conditions

General Terms and Conditions AVN Technical Services

Version: July 2026

Article 1 – Definitions

1. In these general terms and conditions, the following terms have the meanings set out below:

a. AVN Technical Services: the sole proprietorship AVN Technical Services, located at Maasdijk 34, 4284 VB Rijswijk (NB), the Netherlands, registered with the Chamber of Commerce under number 74839349;

b. Client: any natural person acting in the exercise of a profession or business, legal entity or other organization that gives AVN Technical Services an assignment, enters into an agreement with AVN Technical Services or makes a request to do so;

c. Agreement: any agreement between AVN Technical Services and the Client relating to the supply of services, work, repairs, parts and/or other goods;

d. Work: all work to be carried out by or on behalf of AVN Technical Services, including maintenance, repair, overhaul, inspection, advice, reporting, training, installation supervision, relocation or adjustment of machines, commissioning and other technical services;

e. Goods: all machines, machine parts, materials and other goods supplied, repaired, processed or made available by AVN Technical Services.

Article 2 – Applicability

1. These general terms and conditions apply to all offers, quotations, assignments, agreements, deliveries and work of AVN Technical Services.

1. These terms and conditions are intended exclusively for agreements with business clients. AVN Technical Services does not direct its services at consumers.

1. Deviations from these general terms and conditions are only valid if expressly confirmed in writing by AVN Technical Services.

1. Any general terms and conditions of the Client are expressly rejected, unless AVN Technical Services has agreed to their applicability in writing.

1. If any provision of these general terms and conditions is wholly or partly void, voidable or otherwise unenforceable, the remaining provisions remain fully in force. In that case, the parties will consult on a replacement provision that corresponds as closely as possible to the purpose and scope of the original provision.

1. If an agreement contains provisions that deviate from these general terms and conditions, the provisions of the agreement prevail.

Article 3 – Offers and quotations

1. All offers, price indications and quotations of AVN Technical Services are non-binding, unless stated otherwise in writing.

1. A quotation is valid for the period stated in it. If no validity period is stated, the quotation is valid for thirty days.

1. An agreement is concluded as soon as:

a. the Client accepts a quotation or offer from AVN Technical Services in writing or electronically;

b. AVN Technical Services confirms an assignment in writing or electronically; or

c. AVN Technical Services has started carrying out the work with the Client's consent.

1. Obvious errors, clerical errors, calculation errors or mistakes in quotations, price indications, correspondence or other statements by AVN Technical Services do not bind AVN Technical Services.

1. Images, drawings, technical data, descriptions, dimensions and other information are indicative, unless it has been expressly agreed in writing that they must be followed exactly.

Article 4 – Prices

1. All prices stated by AVN Technical Services are exclusive of VAT and other taxes or levies, unless expressly stated otherwise.

1. Unless otherwise agreed in writing, costs including travel, flights, transport, travel time, visas, permits, accommodation, meals, local transport, freight, shipping, insurance, import duties, customs costs and other costs necessary for the performance of the assignment are not included in the agreed price.

1. If cost-increasing circumstances occur after the conclusion of the agreement over which AVN Technical Services can reasonably have no influence, including changes in taxes, levies, fuel prices, transport costs, material costs or exchange rates, AVN Technical Services may pass these costs on to the Client, insofar as permitted by law.

1. Work not included in the original assignment is considered additional work and will be charged separately.

Article 5 – Performance of the work

1. AVN Technical Services will perform the agreement to the best of its knowledge and ability and in accordance with the standards of good workmanship.

1. AVN Technical Services has the right to engage third parties in the performance of an agreement.

1. Stated performance, repair and delivery periods are indicative and are not strict deadlines, unless expressly agreed otherwise in writing.

1. Exceeding an indicative period does not automatically entitle the Client to compensation, termination of the agreement or suspension of payment obligations.

1. AVN Technical Services may suspend the performance of work if the Client does not provide the information, materials, parts, access, facilities or cooperation necessary for performance in good time.

1. Costs and delays arising from this may be charged to the Client by AVN Technical Services.

Article 6 – Obligations of the Client

1. The Client provides in good time all data, drawings, manuals, technical information and other information that it knows or should reasonably understand to be necessary for proper performance of the agreement.

1. The Client guarantees the accuracy and completeness of the information provided.

1. For work on location, the Client ensures that AVN Technical Services has safe and unobstructed access to the machines, installations and spaces to which the work relates.

1. The Client is responsible for a safe working environment and for compliance with the safety, health and company regulations applicable at the location.

1. The Client informs AVN Technical Services in advance of special risks, hazardous substances, production processes and specific safety regulations at the location.

1. Unless otherwise agreed, the Client provides free of charge the facilities reasonably required, including electricity, lighting, compressed air, water, hoisting and lifting equipment and a suitable workspace.

1. AVN Technical Services may immediately interrupt or refuse work if, in its opinion, no safe working situation exists. The resulting waiting time and additional costs are for the account of the Client if the unsafe situation can be attributed to the Client.

Article 7 – Work on machines and installations

1. AVN Technical Services may assume that machines and installations made available by the Client are safely accessible and, where necessary, correctly stopped, released and secured.

1. If during the work it appears that additional work or parts are necessary that could not reasonably have been foreseen in advance, AVN Technical Services will inform the Client as soon as possible.

1. If immediate execution of additional work is necessary to prevent damage, danger or further defects, AVN Technical Services may carry out this work without prior consent insofar as this is reasonable.

1. AVN Technical Services is not responsible for defects in parts or installations on which AVN Technical Services has not worked, even if these defects become visible during or after the work.

1. Advice and reports on maintenance, performance, parts or the technical condition of machines are based on the condition and information available during the inspection.

1. AVN Technical Services does not guarantee that an inspection will reveal every existing or future defect in a machine or installation.

Article 8 – Repairs and overhauls

1. In repair or overhaul work, AVN Technical Services assesses the parts offered to the best of its technical insight.

1. If during the work it appears that a part cannot be repaired, or can only be repaired at disproportionately high costs, AVN Technical Services will inform the Client.

1. Unless otherwise agreed, shipping, transport, insurance, customs and import costs are for the account of the Client.

1. The Client is responsible for proper packaging of parts sent to AVN Technical Services.

1. The risk of damage or loss during shipment to and from AVN Technical Services lies with the Client, unless otherwise agreed in writing or the damage is demonstrably caused by a shortcoming of AVN Technical Services.

1. The repair service for Nuova spoons is also subject to the specific arrangements stated with the assignment, quotation or on the website.

1. If AVN Technical Services has indicated in advance that no repair costs will be charged for a non-repairable part, any transport, inspection or other agreed costs already incurred remain payable, unless otherwise agreed.

Article 9 – Delivery and transport

1. Delivery takes place at the agreed location and in the agreed manner.

1. If AVN Technical Services organizes transport, this is for the account of the Client, unless otherwise agreed.

1. The risk of goods to be delivered passes to the Client at the moment of delivery to the Client or to the carrier designated by the Client, unless otherwise agreed in writing.

1. The Client is responsible for any import permits, local registrations, customs formalities and other requirements in the country of destination, unless otherwise agreed in writing.

Article 10 – Payment

1. Invoices from AVN Technical Services must be paid within fourteen days of the invoice date, unless a different payment term has been agreed in writing.

1. AVN Technical Services may require an advance payment or prepayment before the work begins.

1. The Client is not entitled to suspend payments or set off amounts, unless AVN Technical Services has agreed to this in writing.

1. If the Client does not pay within the agreed term, the Client is in default by operation of law and owes statutory commercial interest on the outstanding amount.

1. All reasonable judicial and extrajudicial costs incurred by AVN Technical Services to obtain payment are for the account of the Client.

1. In the event of payment arrears, AVN Technical Services has the right to suspend further work and deliveries until all due amounts have been paid.

Article 11 – Retention of title

1. All goods supplied by AVN Technical Services remain the property of AVN Technical Services until the Client has fully paid all amounts due under the relevant agreement.

1. As long as ownership has not transferred to the Client, the Client may not pledge, encumber or transfer the relevant goods to third parties, except insofar as this is necessary within normal business operations.

1. If the Client fails to meet its payment obligations, AVN Technical Services is entitled to take back the goods supplied under retention of title.

Article 12 – Warranty

1. AVN Technical Services warrants that work will be performed with the care and expertise that may reasonably be expected of a professional technical service provider.

1. If a repair carried out by AVN Technical Services proves demonstrably defective within an agreed warranty period as a direct result of the work performed, AVN Technical Services will, at its own discretion:

a. perform the relevant work again;

b. repair the relevant part again; or

c. credit all or part of the amount paid for the relevant repair.

1. Warranty lapses if the defect is wholly or partly the result of:

a. normal wear and tear;

b. incorrect or improper use;

c. poor maintenance;

d. work or modifications by the Client or third parties;

e. use outside the specifications prescribed by the manufacturer;

f. incorrect installation by others;

g. a defect in other parts of the machine or production line; or

h. failure to follow instructions or advice from AVN Technical Services.

1. For third-party parts, only the warranties provided by the relevant manufacturer or supplier apply, unless otherwise agreed in writing.

1. For repaired Nuova spoons, AVN Technical Services may offer an additional specific warranty as stated in the quotation, order confirmation or on the website.

Article 13 – Complaints

1. The Client must inspect performed work and delivered goods as soon as possible after performance or receipt.

1. Visible defects must be reported to AVN Technical Services in writing within seven days after performance or delivery.

1. Non-visible defects must be reported in writing within seven days after the Client discovered or should reasonably have discovered the defect.

1. A complaint must contain the most complete possible description of the alleged defect, supplemented where relevant with photos, videos, machine data and other relevant information.

1. Submitting a complaint does not suspend the Client's payment obligation.

1. AVN Technical Services must be given a reasonable opportunity to investigate a reported defect and, if the complaint is justified, to remedy it.

Article 14 – Liability

1. AVN Technical Services is only liable for direct damage that is the direct result of an attributable failure in the performance of the agreement.

1. AVN Technical Services is, insofar as permitted by law, not liable for indirect damage or consequential damage, including in any case:

a. production loss;

b. business interruption or downtime;

c. loss of turnover or profit;

d. loss of yield or return;

e. loss of or damage to products;

f. missed savings;

g. claims from customers or other third parties;

h. reputational damage; and

i. other business damage.

1. The liability of AVN Technical Services is in all cases limited to the amount paid out by the liability insurance of AVN Technical Services for the relevant case, increased by any deductible.

1. If for any reason no payment is made under an insurance policy, the liability of AVN Technical Services is limited to the invoice amount excluding VAT for the part of the agreement to which the liability relates, with a maximum of the amount paid by the Client to AVN Technical Services for that specific assignment in the six months preceding the event causing the damage.

1. The limitations in this article do not apply if and insofar as the damage is the result of intent or deliberate recklessness of AVN Technical Services, insofar as exclusion is not permitted under mandatory law.

1. AVN Technical Services is not liable for damage arising because it relied on incorrect or incomplete information provided by the Client.

1. The Client indemnifies AVN Technical Services against claims from third parties related to the performance of the agreement and resulting from an act or omission of the Client, its employees or third parties engaged by the Client.

Article 15 – Production downtime and performance

1. Work on production and processing machines may require downtime. The Client is responsible for planning and organizing its production around the agreed work.

1. AVN Technical Services is not liable for production loss or other consequential damage resulting from necessary downtime, delay, testing, adjustment or commissioning, except in cases of intent or deliberate recklessness insofar as the law does not provide otherwise.

1. Stated or discussed improvements in performance, yield, capacity, downtime or output are expectations and not guarantees, unless a concrete result has been expressly guaranteed in writing.

Article 16 – Training and advice

1. Training and instructions from AVN Technical Services are intended to support the Client's personnel in the correct use and maintenance of machines.

1. The Client remains responsible for the deployment, qualifications, instruction and supervision of its own personnel.

1. Participation in a training does not release the Client or its employees from the obligation to comply with safety regulations, user manuals and manufacturers' instructions.

1. Technical advice is based on the circumstances and information known at the time of advice.

Article 17 – Force majeure

1. AVN Technical Services is not obliged to fulfil any obligation if fulfilment is reasonably impossible or burdensome as a result of a circumstance beyond its control.

1. Force majeure includes: illness or absence of essential personnel, war, terrorism, riots, strikes, epidemics, pandemics, natural disasters, fire, flooding, extreme weather conditions, government measures, border closures, travel restrictions, visa problems, transport disruptions, failure of energy or communication facilities, shortage of materials or parts and failures of suppliers or carriers.

1. During force majeure, the obligations of AVN Technical Services are suspended.

1. If the force majeure situation lasts longer than sixty days, either party may terminate the agreement in writing for the part not yet performed, without any obligation to compensate damage.

1. Work already performed and costs already incurred remain payable.

Article 18 – Cancellation and postponement by the Client

1. If the Client cancels or postpones an agreed assignment, trip or work, AVN Technical Services is entitled to charge the costs already incurred.

1. Non-refundable costs for, among other things, flights, hotels, visas, transport, materials and hired third parties are fully for the account of the Client.

1. If AVN Technical Services can no longer use reserved capacity elsewhere due to the cancellation or postponement, AVN Technical Services may also charge a reasonable fee for the reserved time.

Article 19 – Suspension and termination

1. AVN Technical Services may suspend the performance of the agreement or terminate the agreement in whole or in part if the Client:

a. does not meet its payment obligations on time;

b. provides insufficient cooperation;

c. is declared bankrupt or applies for bankruptcy;

d. applies for suspension of payment;

e. ceases its business; or

f. in the opinion of AVN Technical Services offers insufficient security for the fulfilment of its obligations.

1. All outstanding amounts at the moment of termination become immediately due and payable.

Article 20 – Intellectual property

1. All reports, working methods, training materials, drawings, calculations, advice, documents and other materials provided by AVN Technical Services remain the intellectual property of AVN Technical Services or the original rights holder.

1. The Client may use these materials only within its own organization for the purpose for which they were provided.

1. Without prior written consent from AVN Technical Services, these materials may not be disclosed, commercially exploited or provided to third parties, unless the nature of the assignment implies otherwise.

Article 21 – Confidentiality

1. The parties treat confidential business and technical information received from each other in the context of the agreement as confidential.

1. This obligation does not apply to information that was already public, was lawfully obtained from a third party or must be provided under laws or regulations.

Article 22 – International work

1. AVN Technical Services carries out work worldwide.

1. The Client is responsible for timely providing invitations, local permits, work permits, access passes and other documents necessary for performance of the work at its location, insofar as these must reasonably be arranged by the Client.

1. If AVN Technical Services cannot reasonably travel to or work at a location due to local legislation, safety conditions, travel advice, sanctions, government measures or other circumstances, AVN Technical Services may postpone or terminate the work.

1. Any local taxes, withholding taxes, import duties and similar costs related to the performance of the agreement outside the Netherlands are for the account of the Client, unless otherwise agreed in writing.

Article 23 – Applicable law and disputes

1. All offers, assignments and agreements of AVN Technical Services are governed exclusively by Dutch law.

1. The applicability of the Vienna Sales Convention (CISG) is excluded, unless the parties agree otherwise in writing.

1. In the event of a dispute, the parties will first try to reach a solution through mutual consultation.

1. If this does not lead to a solution, the dispute will be submitted to the competent court in the district in which AVN Technical Services is established, unless mandatory law prescribes another court.

Article 24 – Amendment of the general terms and conditions

1. AVN Technical Services is entitled to amend these general terms and conditions.

1. The version that was made available to the Client when the agreement was entered into applies to an agreement, unless the parties agree otherwise in writing.

Article 25 – Contact details

AVN Technical Services

Maasdijk 34

4284 VB Rijswijk (NB)

The Netherlands

Chamber of Commerce: 74839349

E-mail: alex.vannimwegen@outlook.com

Telephone: +31 6 53 88 77 11

The most current version of these general terms and conditions is available via the AVN Technical Services website.