- Applicability
1.2 In these general terms and conditions, “the customer” means: any (legal) person who orders and/or purchases goods from or through the user. 1.3 These conditions can only be deviated from if the parties have expressly agreed to this in writing.
- Establishment and amendment of agreement
2.2All indications in offers, quotations or agreements and their attachments, such as images, drawings, sizes, weights, yields and colors, as well as the properties of any samples provided, are for indicative purposes only. Minor deviations are therefore not at the expense and risk of the user.
2.3 Obvious errors or mistakes in the user’s offers release it from the obligation to fulfill obligations and/or any obligations to pay damages resulting therefrom, even after the conclusion of the agreement.
- Execution of the agreement
3.2 Goods are deemed to have been delivered as soon as the user has informed the customer that the goods, whether or not yet to be assembled in whole or in part, are ready from the user or from a third party for collection by the customer or for delivery on behalf of the customer. to be shipped. From the moment of delivery, the delivered goods are at the risk of the customer.
3.3 If the parties expressly agree that the user will arrange the transport of the products, both the costs and the risk of loss or damage during transport will be borne by the customer.
3.4 The indication of delivery terms in offers, quotations, agreements or otherwise is always made by the user to the best of his knowledge and these terms will be observed as much as possible, but they are not binding.
- Prijzen
4.2 The amounts shown in the user’s offers are based on the prices, rates, wages, taxes and other factors relevant to the price level during the offer. If one or more of the factors mentioned change after the (order) confirmation, the user is entitled to adjust the agreed price accordingly. If a price increase is made pursuant to this provision and the increase amounts to more than 10% of the total agreed amount, the customer has the right to terminate the agreement in writing within eight days after he or she became aware of the price increase.
- Payment
5.2 Gebruiker heeft steeds het recht om af te leveren of geleverde zaken per deellevering te factureren.
5.3 Payment is made by deposit or transfer to a bank or giro account designated by the user. The user always has the right to demand security for payment or advance payment both before and after the conclusion of the agreement, subject to suspension of the execution of the agreement by the user until security has been provided and/or the advance payment has been received by the user. . If advance payment is refused, the user is entitled to terminate the agreement and the customer is liable for any resulting damage to the user.
5.4 The user is entitled to suspend the delivery of products that it has in its possession for the customer in connection with the execution of the agreed work until all payments owed by the customer to the user have been paid in full.
5.5 If payment is not made on time, the customer is legally in default without notice of default being necessary. From that moment on, the customer owes the user statutory commercial interest as referred to in Article 6:119a of the Dutch Civil Code.
5.6 If no payment has been received after the expiry of a further payment term set by written notice, the customer is liable to pay a fine equal to 10% of the principal amount owed by the customer to the user, including VAT, regardless of whether the user has had to incur extrajudicial collection costs and without prejudice the right of the user to claim damages.
5.7 Onverminderd de overige rechten van gebruiker uit hoofde van dit artikel, is de klant jegens gebruiker gehouden om de incassokosten te vergoeden die gebruiker heeft moeten maken en welke verder gaan dan het versturen van een enkele sommatie of het enkel doen van een – niet aanvaard – schikkingsvoorstel, het inwinnen van eenvoudige inlichtingen of het op gebruikelijke wijze samenstellen van het dossier. Deze kosten worden vastgesteld op basis van de op dat moment daarvoor geldende richtlijnen bij rechtbanken in Nederland.
5.8 De toepasselijkheid van artikel 6:92 BW is voor wat betreft het in dit artikel opgenomen boetebeding uitgesloten.
- Warranty
6.2 If a claim under the customer’s warranty is justified, the user will repair the products to be delivered – at the user’s choice – or deliver them as agreed, unless this would have become demonstrably pointless for the customer. If the user informs the customer that he will proceed with repairs, the customer will make the delivered products available to the user again, at his expense and risk.
6.3 Any warranty obligations of the user will lapse if errors, defects or imperfections with regard to those items are the result of incorrect, careless or incompetent use or management of delivered items by the customer or third parties engaged by the customer or if they are the result of one of external causes such as fire or water damage, or if the customer or a third party has made or had changes made to the goods supplied by the user without the user’s permission.
- Advertisements
7.2 Without prior written consent, the user is not obliged to accept returns from the customer. Receipt of returns does not in any way imply recognition by the user of the reason for return stated by the customer. The risk regarding returned products remains with the customer until the products have been credited by the user.
7.3 If the customer appeals to any agreed warranty scheme, but that appeal subsequently proves to be unjustified, the user has the right to charge the customer for the work and costs of investigation and repair that have resulted from that appeal on its part, in accordance with its usual rates, with a minimum of € 100.00.
- Retention of title
8.2 The customer is obliged to store the products delivered under retention of title with due care and as recognizable property of the user.
8.3 The customer is not entitled to pledge, otherwise encumber or transfer in whole or in part the products delivered under retention of title to third parties as long as ownership has not been transferred to him, except to the extent that such transfer is necessary for the performance of the usual business activities of the customer. customer takes place.
8.4 If the customer fails to fulfill its payment obligations to the user or the user has good reason to fear that the customer will fail to meet those obligations, the user is entitled to take back the goods delivered under retention of title. The customer will cooperate and grant the user free access at all times to its grounds and/or buildings for the purpose of inspecting the goods and/or exercising the user’s rights. After repossession, the customer will be credited with the market value, which can in no case be higher than the original price that the customer agreed with the user, less the costs incurred by the user as a result of the repossession.
- Dissolution and termination
9.2 In the event of default by the customer, the user is entitled, without any obligation to pay compensation, and without prejudice to its rights, to dissolve the agreement in whole or in part by sending a written notice to the customer and/or any amount owed by the customer to the user. to immediately claim the amount in full and/or invoke retention of title.
9.3 The user is entitled to terminate the agreement with immediate effect if the customer applies for suspension of payments or bankruptcy or if a petition is filed against him or if all or part of his assets are seized. All invoiced amounts will then become immediately due and payable. the user will never be obliged to pay any compensation due to this termination.
- Force majeur
10.2 The concept of ‘force majeure’ as referred to in this article is in any case understood to mean unforeseen circumstances, including those of an economic nature, which have arisen through no fault or fault of the user, such as serious disruption in the company, forced reduction of production, strikes and lockouts, both at the user and at supply companies, war, hostilities, martial law, mobilization, either in the Netherlands or in any other country where any branches of the user or supply companies are located, delays in transport or delayed or incorrect delivery of goods or materials or parts by third parties, including user’s supply companies.
10.3 If, when force majeure occurs, the user has already partially fulfilled its obligations, or can only partially fulfill its obligations, it is entitled to invoice separately for the part already delivered or the deliverable part and the customer is obliged to pay this invoice as if it were a separate agreement.
- Liability
11.2 The total liability of the user will in all cases be limited to compensation for direct damage, whereby the total amount to be paid by the user to the customer on account of any cancellation obligations and compensation for damage will never exceed the maximum amount of the amount charged for that agreement. agreed price (excluding VAT).
11.3 The User is not liable for damage if and insofar as the customer has insured himself against the relevant damage or could reasonably have insured himself.
- Disputes and Applicable Law
12.2 Dutch law applies to an agreement concluded with the user. Foreign legislation and treaties, including the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (Vienna Sales Convention) are excluded.
12.3 Any disputes relating to this agreement or arising from this agreement will be settled in the first instance by the competent court in the district in which the user is located at the time this agreement was concluded.