Terms and Conditions
Applicability
1. Unless expressly agreed otherwise in writing in advance, these general terms and conditions apply to all our quotations and/or to the agreements concluded by us with customers.
2. In these terms and conditions, “client” is understood to mean every (legal) person who has concluded or wishes to conclude an agreement with us and his representative(s), authorized representative(s), assignee(s) and heir (Amen).
Changes
3. Changes to the agreement and deviations from these general terms and conditions will only be effective if we have agreed with the client in writing.
Quotations and prices
4.1 All offers made by us are without obligation. Unless otherwise stated in the quotation, it is valid for no longer than 30 days.
4.2 Our prices are based on the price-determining factors known at the time of the offer, such as raw material prices, wages, currency exchange rates and government-
imposed levies. In the event of a change in one or more of these factors, we are entitled to adjust our prices accordingly – on the understanding that if the price adjustment amounts to 10% or more within three months after the conclusion of the agreement – the client is entitled to to dissolve the agreement subject to payment of what has already been performed.
4.3 Unless otherwise agreed, no freight costs will be charged for orders within the Netherlands above € 150. For orders outside the Netherlands, the actual freight costs incurred will be charged. Unless carriage paid including insurance has been stipulated, the client bears the transport risk.
Delivery and delivery terms
5.1 An agreed delivery term is not a strict deadline, unless expressly agreed otherwise. In the event of late delivery, the client must still set us a reasonable period in writing in which to deliver.
Force majeure
6.1 In the event of force majeure, our delivery and other obligations are suspended until such time as fulfillment can reasonably be expected of us. Force majeure is equated with all circumstances for which we cannot be held responsible, in particular strike, lock-out, operational disturbances of any nature, lack of material, rise in raw material prices, as well as circumstances to be considered equivalent, release us from the obligation to delivery time and gives us the right to cancel the agreement in whole or in part.
Warranty
7.1 We warrant that all goods supplied by us meet the normal requirements of usability, reliability and durability. To the exclusion of any further obligation, we are liable to the client for defects in the delivered goods in such a way that we will repair or replace, free of charge, all parts that, during the warranty period, may have any objectionable defect as a result of material or construction errors. our choice. In that case, the defect must be brought to our attention within eight days after discovery. The costs of shipment to the repair address or inspection or work on site are for the account of the client, unless the warranty claim is justified.
7.2 Our warranty obligation lapses if the goods are or are not used in accordance with their intended purpose or if they are used improperly, the instructions for use have not been observed, improper repairs have been carried out or changes have been made.
7.3 The warranty period is twelve months. For chemical products, this period starts on the date of manufacture. For other items one year after delivery. Any obligation and liability on our part ends when the warranty period expires.
Payment
8.1 Unless otherwise agreed, payment without discount or compensation must be made within 30 days of the invoice date.
8.2 If the payment term is exceeded, the client is in default without any summons or notice of default being required and we have the right to charge the client an interest of 1% per month from the due date, plus extrajudicial costs amounting to 15%. of the outstanding claim or so much more in costs actually incurred.
8.3 Each payment is deemed to serve to settle the oldest outstanding claim.
Retention of
title 9.1 As long as the client has not paid the full purchase price with any additional costs or has provided security for this, we reserve the title to the goods, on the understanding that the client bears the liability and risk of the delivered goods from the moment of availability. . The client is not entitled to encumber the goods to our detriment or to transfer ownership as security.
Complaints
10.1 Complaints with regard to the delivered goods can only be made valid by written submission within 6 days after receipt of the goods, or within 6 days after the discovery of the defect and the client demonstrates that he could not reasonably have noticed the defect earlier. to discover.
10.2 Complaints as referred to in the first paragraph do not suspend the client’s payment obligation.
Liability and indemnification
11.1 Our liability towards the client for damage of any nature whatsoever and suffered by anyone, arising from or in connection with the goods, work or services supplied by us is in all circumstances limited to the price at which said services have been performed, unless such damage is due to intent or gross negligence.
11.2 The client must indemnify us against any liability that could rest on us towards third parties with regard to the goods delivered or services rendered by us.
Dissolution
12.1 We reserve the right to dissolve the agreement in whole or in part in the event of a significant change in circumstances, such as bankruptcy, suspension of payment on the part of the client, as a result of which compliance can no longer reasonably be expected of us.
Disputes and applicable law
13.1 All our agreements are governed by Dutch law. The applicability of the Hague Conventions concerning the international commercial sale is expressly excluded.
13.2 All disputes in connection with the agreement concluded with the client or in connection therewith will be settled in the first instance and exclusively by the competent court in Assen. However, we can also bring legal actions before the competent court according to the law.
