Delivery
ApplicabilityThese conditions apply to all our offers and to all buying and selling agreements - or agreements of any other kind - which are closed with us. All stipulations deviating from and / or being additional to these conditions only apply if and insofar as having been approved by us explicitely and in writing and apply exclusively to the agreement in case of which / for the benefit of which they were made.
1 Offer and agreement
All offers are free of engagement. Oral agreements and agreements by telephone as well as discussions, whether or not in writing, about alterations of or additions to these conditions have no binding effect upon us insofar as they are inconsistent with these conditions. Buying or selling agreements, as well as all other agreements only come into being after confirmation of the order or commission by our client in writing or, on failure thereof, by way of the actual implementation on our part of the agreement. Additions to and / or alterations of closed agreements can only be effected in writing and should always be signed by the parties involved. Only after signing on our part, are additions or alterations binding.
2 Prices
Our prices are based on the costs of material, production or other costs in accordance with the current rates as of the date of our offer, confirmation or agreement. The prices set by us are on a delivery-from-factory basis, unless agreed differently. We reserve the right to adapt our prices to cost increases and to currency changes which have come about after the offer has been made or an agreement has been reached and to pass these on to the client.
3 Delivery
Delivery takes place from our warehouse. The method of dispatch is determined by us. Loading and transport always take place - in case of a free delivery also at the risk of the buyer from the moment a purchased article leaves our company. Insurance against breaking, theft, loss or other damage during transport is also
taken out by and at the expense of the buyer.
4 Delivery times
Delivery times are indicated as precisely as possible, but are not deadlines. A delivery which is not made on time does not grant the buyer the right to cancel the purchase or to claim damages, unless the delivery time is exceeded by more than two months and we are the liable party.
5 Subsequent delivery
Be it the case, that we do not have the goods ordered in store, they are noted down for delivery at the earliest possible date. A delay in the delivery of goods, or else the failure to deliver goods may occur under certain circumstances. No liability, however, can be accepted in this respect.
6 Goods returned
The return of goods is only accepted after agreement on our part, provided that goods are returned free of charge and on prior advice. Should these goods be provided with sales packaging, the latter must be undamaged if a return is to take place. Damaged packaging shall be charged in respect of material and labour. The client who has received the goods sent by us, may at all times furnish proof of any inadequacy which may be attributed to us. All complaints should be made in writing within eight days after receipt of the goods. We are free to replace or repair any goods in relation to which complaints are made. In case of replacement, the inferior goods must be returned to us. Wrong storage or treatment of the goods delivered, does not provide any grounds for replacement or repair.
7 Guarantee
Our guarantee is restricted at all times to only the replacement, repair and refunding of the goods delivered by us. Our guarantee is not applicable as soon as it is a matter of inexpert or wrong assembly or of abnormal use or insufficient maintenance. Neither is it applicable, if after the reporting of a complaint, we are not granted a reasonable period of time to start an investigation or if we are not provided on first request, with all the information required for the investigation.
8 Liability
We accept no liability at all for damage of any kind, loss of profits or damage due to delay included also, which has come about as a result of any inadequacy or defect in relation to material or design, unless it is a question of intent or gross guilt on our part. We are, however, prepared to transfer to the buyer any relevant rights of claim towards our supplier
9 Force majeure
Insofar as force majeure or any other circumstances beyond our control cause to prevent, burden or delay the fulfilment of accepted orders or agreements either entirely or in part, we have the right to cancel or ration such orders or agreements or to postpone any ensuing obligation on our part as long as such circumstances prevail, including a reasonable start-up period thereafter. By force majeure in relation to these conditions is understood, for example (though not exclusively): fire, water damage, disasters, war and threat of war, revolt, occupation, mobilization and other war measures, government measures, strikes and other action by employees or trade unions, machinefailure and stoppages, interference or rationing concerning the delivery of raw and auxiliary materials, energy, services, transport or import and export. Be it the case, that contrary to that is stipulated under section 2, we have agreed on a fixed price, we shall be qualified nevertheless, to adjust this price to cost increases which may have occured as a result of or on appearance of such circumstances. Section 2 applies in a similar manner to such an adjustment of the price.Be it a matter of force majeure of a temporary kind or of our being prevented temporarily from observing the Agreement, a request for the dissolution of the agreement on the basis of this temporary prevention is not possible and we are entitled in consequence, to an extended term of fulfilment of the agreement.
10 Conditions of ownership
All goods delivered by us remain our property until the buyer has made full payment of our claims against him, irrespective of how these came into being. These conditions of ownership also extend to the mixing of goods with goods from a third party, or to goods which, on investigation, have become immovable but are able to be removed in a simple manner and hence become movable once again. Insofar as conditions of ownership should not be realizable, we shall be Afforded a silent right of distraint by the buyer in respect of those goods which are mixed. Insofar as it is not permitted under the relevant Conditions of Ownership Act in respect of mixed goods, the buyer transfers the ownership of these goods to us by the sole fact of mixing. The buyer is authorised to incorporate and sell our goods within the framework of the regular practice of his business. We are - without prejudice to our rights to payment of expenses, damages and interests - Untitled at all times, should the other party fail to meet the obligations resulting from the agreement, to retrieve our goods and materials without legal Intervention, regardless of their condition or place of whereabouts, without proof of default. Be it the case, that whilst in the possession of the other party, goods are seized - for any reason whatsoever - which fall under the conditions of ownership, the other party is obliged to immediately inform the party responsible for the seizure of the unlawfullness thereof. He is also obliged to notify us of this seizure without delay. The other party is liable to refund in full, all expenses to be incurred by us in order to raise the seizure.
11 Payment
Unless otherwise agreed, payment should take place, without the application of any discount or deduction other than stated, within 30 days after the invoice date. Should the buyer fail to pay on time, he is considered to be legally in default and we are entitled, without an injunction or proof of default being required, to charge interest to the buyer at the rate of 1 % per month on the entire amount payable as from the due date, where part of a month is regarded as a full month, without prejudice to the obligation of the buyer to pay at once the full main sum which will then be owing, increased by interest and the expenses to be stated hereafter. In addition to the main sum and aforementioned interest, we are entitled to demand from the buyer the payment of all non-legal expenses which, with an amount payable of up to € 1.360,00,— excluding VAT, is set at 15 % of the main sum payable, with a minimum of € 70,— excluding VAT, and with an amount payable of more than € 1.360,00,— at 10 % of the main sum payable. The single fact, that we have charged a third party with the recovery of the sum payable is an indication of the obligation to payment as well as the size of these non-legal expenses. Disputes concerning invoices are to be made in writing within 8 days of receipt.
12 Settlement of disputes and applicable law
All disputes following from an agreement concerning goods or services which have been supplied by us and to which these conditions apply either fully or in part, or resulting form further agreements shall be tried, in those cases which in the first instance, fall within the jurisdiction of the cantonal judge, by the cantonal judge in Heerlen, and in those cases which in the first instance, fall within the jurisdiction of the court, by the district court in Maastricht. To all our agreements to which these conditions apply either fully or in part or to further agreements, Dutch law applies.
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