Supply Conditions

These terms and conditions apply to all our offers, communications, acceptances and agreements, except if and insofar as we declare otherwise in writing. They shall in any case prevail over any deviating purchase conditions of the buyer, unless deviating agreed provisions have been stated in writing in our order confirmation. In that case, all other provisions, as mentioned below, will remain valid without change. If one or more provisions of these terms and conditions are or come into conflict with regulations laid down or to be laid down by any competent authority, the latter will be deemed to have replaced such provision. This does not affect the validity of the other terms and conditions.

Validity

 

These terms and conditions apply to all our offers, communications, acceptances and agreements, except if and insofar as we declare otherwise in writing. They shall in any case prevail over any deviating purchase conditions of the buyer, unless deviating agreed provisions have been stated in writing in our order confirmation. In that case, all other provisions, as mentioned below, will remain valid without change. If one or more provisions of these terms and conditions are or come into conflict with regulations laid down or to be laid down by any competent authority, the latter will be deemed to have replaced such provision. This does not affect the validity of the other terms and conditions.

 

Offers

All our offers, quotations, delivery times, etc. are entirely without obligation. This also applies to our announcements concerning the technical characteristics etc. of our products. The buyer can never derive the right from this to have an agreement with us dissolved, or to refuse to take delivery of goods or to suspend his payment obligations. In case of an offer for delivery from stock, the condition applies: “if unsold”.

 

Agreements

Orders become binding for us only after written confirmation of our acceptance of the order.

 

Prices

All our prices are exclusive of V.A.T. and without obligation until the date of delivery and are based on factory prices, exchange rates, freight rates, handling costs, insurance premiums and import duties, on the basis of which we calculated on the date of our offer. We are entitled to pass on any changes in the aforementioned factors that take place between the date of our offer and the date of delivery.

 

Delivery times

The delivery times stated in our order confirmation have been determined by us as accurately as possible, based on normal circumstances. Causes beyond our control can lead to delayed or early delivery. The buyer cannot derive from this the right to have the agreement dissolved. We do not bear any liability for any damage whatsoever that may arise as a result of any late or premature delivery or non-delivery. The buyer also indemnifies us against claims from third parties in connection therewith.

 

Delivery

Delivery takes place at the moment of availability. In the case of delivery ashore or ex warehouse in the Netherlands, import duties and all other costs to ashore or ex warehouse are included in our prices. All other costs of transport in this case are for the account of the buyer, who also bears the transport risk, from the place of delivery. In case of delivery free domicile, the condition “unloaded” always applies. In the case of delivery free of charge, we cover the transport risk up to the specified destination. If no special means of transport has been indicated for transport by the buyer, the buyer is deemed to agree with our choice of means of transport. If, after confirmation of the order, it appears that our factories and/or suppliers suddenly cease delivery for a considerable period of time for whatever reason, we are entitled to cancel orders from our buyers without being obliged to pay any compensation and/or compensation. When the buyer has goods picked up from our warehouse, he must take delivery of the goods within 7 days after they have been made available. In the absence of acceptance, the risk also passes to the buyer, whereby we are entitled to store his costs, possibly elsewhere. If the buyer refuses to take delivery of the goods, we have the right to declare the agreement dissolved without judicial intervention and without notice of default, without prejudice to our right to full compensation. At all times we have the right to require the buyer to provide security for the fulfilment of his obligations, while we are entitled to suspend the delivery as long as the security has not been provided… We are also entitled to suspend the delivery if the buyer has not yet fulfilled his payment obligations as a result of previous deliveries.

 

Force majeure

In case of force majeure on our part, the execution of the agreement will be suspended as long as the force majeure situation makes it impossible for us to execute, without prejudice to the right to dissolve the agreement without judicial intervention, in which case the buyer is obliged to pay compensation for what has already been performed. For this purpose, force majeure includes: war, threat of war and riots, obstructive measures from national and foreign authorities, fire, strikes, machine damage, lack of personnel, obstruction of transport, lack of means of transport or raw materials, flooding, lockouts, sabotage and in general all unforeseen circumstances, both at home and abroad, as a result of which, after delivery of the agreement, we can no longer reasonably be expected to do so. Force majeure is also present if, as a result of whatever cause or reason, the supplier from whom we have ordered the goods sold or the required raw materials, has not delivered them to us or has not delivered them to us on time, or for whatever reason the agreement in question has been cancelled through no fault of our own.

 

Transport damage

Transport damage to the goods delivered free domicile must be reported to us on the day of receipt or at the latest on the next working day. If the buyer or the recipient does not immediately come to the correct assessment of the damage, then a provisional statement of the damage must also be provided to us within the same period: the exact specification must then follow within 8 days.

 

Packaging

Packaging included in the sales price will not be taken back. Packaging will take place in the normal packaging used by the Seller. Deviating packaging and/or brands are at the buyer’s expense.

 

Liability

We are not liable for any damage in any form whatsoever, either direct or indirect, which could be the result of the use or the unsuitability of the goods supplied by us. The buyer is obliged to indemnify us against claims which third parties think they have as a result of damage caused by any goods delivered by us to the buyer and also against similar claims by third parties in respect of damage related to goods which we have in our possession in connection with the execution of an agreement. Neither we, nor the manufacturers or suppliers, whose products are supplied by us, are liable for constructions or calculations of constructions of or relating to the installations in which the delivered products are applied or built in, nor for damage to these products or to the installations in question, which arise as a result of incompetent application or installation by the customer or by third parties. Any advice given by us is based on our best knowledge, experience and insights. However, they are provided without obligation and no claims for possible damages can be justified. Any liability claims or complaints based on advice given by or on behalf of us or one of our employees are hereby excluded between the parties.

 

Warranty

Guarantees only apply if they have been explicitly confirmed by us in writing at the time of the order confirmation. Our guarantee, if given, does not go beyond replacing that which is faulty. Expressed in monetary terms, it amounts to a maximum of the invoice value of the delivered goods, in so far as they are faulty. If it concerns a manufacturer’s warranty, it shall apply unchanged to the buyer, with us as intermediary. We deliver goods insofar as we obtain them from third parties according to the manufacturer’s data, in respect of which no complaints are possible as such. Buyers are deemed to be familiar with these factory details. The Buyer indemnifies us against all warranty claims by third parties in respect of goods delivered to him. The buyer undertakes to inform his customers of the content of our guarantee.

 

Advertisements

Complaints regarding the condition of the goods delivered by us must be submitted to us in writing no later than 14 days after delivery, failing which the buyer will be deemed to have accepted the goods delivered. Complaints against an invoice are only of value, provided that they are submitted in writing within 5 days after receipt of the invoice. They do not give the buyer the right to suspend his payments. Compensation and setoff are expressly excluded. Complaints regarding possible hidden defects of the delivered goods are of value only if they are submitted in writing within 6 months after the delivery, unless a longer guarantee period has been agreed.

 

Payment conditions

If not otherwise agreed, our condition is: “Payment 30 days after invoice date, without discount, by transfer to our bank or giro account”, in case of exceeding which period the buyer will be in default towards us by operation of law, in which case we are entitled to declare the agreement in question dissolved, without prejudice to our other rights. If this payment term is exceeded or if the deviating agreed payment term is exceeded, the buyer owes us an interest of 1% per month or part of a month on the entire invoice amount from the day following the day on which the payment should have been made. If, as a result of a failure to pay or timely payment, we proceed to collection or legal measures, all costs of these collection or legal measures, including those of legal assistance, will be for the account of the buyer, who is deemed to agree that the extrajudicial collection costs will be set at 15% of the amount to be collected, with a minimum of € 90.76, all this without the need for a prior summons or similar notice.

 

Reservation of title

All goods delivered and to be delivered remain our exclusive property until all claims that we have or will have against the buyer, for whatever reason, have been paid in full. As long as the ownership of the goods has not been transferred to the buyer, the buyer may not sell, pledge or transfer the ownership of the goods as security to third parties to grant any other right, except within the normal course of his business. The buyer is obliged to keep the goods delivered under retention of title with due care and as our recognisable property, insofar as they have not been processed or sold in the normal course of his business. If the buyer is in default of his payment obligations or is in payment difficulties, we are entitled to take back the goods that have been delivered under retention of title and are still present at the buyer’s premises.

 

Disputes

All our agreements are governed by Dutch law.

 

Deposit

These terms and conditions have been filed with the Chamber of Commerce in the Netherlands under number 69791562.

Contactez-nous maintenant