Terms and Condictions
Deze voorwaarden zijn gedeponeerd bij de Kamer van Koophandel te Tiel, depotnummer 002144.
Art. 1 Applicability:
The general terms and conditions apply to all of our offers and deliveries, unless we expressly make a written exception. By placing an order the buyer is considered to be fully aware and agreed with our Terms and Conditions. The Terms and Conditions of our buyer will not be accepted insofar as when they are inconsistent with our conditions.
Art. 2 offers:
All offers are entirely free of obligation, unless our written offer expressly states otherwise. We are only bound to by and after our written acceptance. Each offer is to be considered as a whole.
Art. 3 Deliveries:
Unless expressly agreed otherwise, we have no obligations regarding the delivery period, and our late delivery will not lead to any entitlement for compensation nor right for a termination of the purchase agreement for our buyer. For blanket purchases the agreed delivery term applies. When the buyer does not release all of the agreed stock within the agreed term, they are in default and we hold the right to terminate the agreement, without prejudice on the right to compensation. We are required to notify the buyer fourteen days before we invoke a termination
Art. 4 Risk transfer:
All goods we deliver are transported on account and responsibility of the buyer unless expressly stated otherwise.
Art. 5 Force majeure:
In case the manufacturer or supplier of whom we source the goods for whatever reason is unable to deliver them to us in time or at all, this would be considered a Force Majeure. We cannot be hold responsible for this by the buyer and the buyer can not consider these as grounds for termination. In a certain case of Force Majeure we have the right to decide to either lengthen the delivery period, or dissolve the agreement insofar it is affected by this impediment.
Art. 6 payment:
Our invoices need to be satisfied within thirty days of the invoice date. Discounting, deducting, compensating or suspending will not be permitted. In case the buyer fails to pay within the agreed period, they are without notice of default required to pay us interest of 2 % of the invoice amounts per month, to be calculated from the date of payment of the claim, wherein a portion of a month will be considered a whole month. In addition to the invoice amounts and the interest the buyer owes all judicial and extrajudicial costs which have arisen due to their lack of or late payment. The parties agree to extrajudicial costs set at 15 % of the claim, with a minimum of € 150.00.
Art. 7 Retention of ownership:
All goods delivered by us will remain our property up to the moment of full payment of all of our claims, on whatever account, including interest and costs. The buyer can, as long as the retention of ownership is in place, only use the delivered property for their own use and/or processing in the course of their business. Therefore the buyer is not free to sell, burden or otherwise estrange themselves from the delivered goods other than for normal business operations. The buyer undertakes to give back the goods upon first request and to provide all desired assistance for this matter, including providing access to all storage space and so on.
Art. 8 Security provision:
We have the right to at any time to require the buyer to provide (additional) personal or corporate security when it comes to the fulfilment of their obligations. In case the buyer fails to comply with such a written request, we have the right to claim the full contract amount immediately, or regard the agreement as dissolved without further judicial intervention, without prejudice to our right to full compensation.
Art. 9 Complaints:
Complaints about our goods need to be made known to us in writing within fourteen days of receiving the goods. Slight deviations in quality, measurements, colours and finish are technically unavoidable or permitted after use and practice, will not constitute grounds for complaint. Only complaints which are directly related to proper use of the delivered goods, will be accepted. The buyer never has the right to return the goods, unless we agree to this in writing. This shipment will then take place for the account and the responsibility of the buyer, from which no recognition of the correctness of such a reclamation can be derived.
Art. 10 Liability:
Where it has been proved that we are responsible for the defects in the supplied goods, we can decide to take back goods, replace them or repair them at our own discretion. We will never be liable for damages or losses of products, loss of earnings or any other indirect damages and/or losses, caused by the improper use of the delivered goods by the buyer and/or the buyer’s customers.
Art. 11 Applicable law:
Only the Dutch laws will apply to our agreement.