Delivery and payment terms
Business and visiting address:
4906 CG Oosterhout (NB)
Chamber of Commerce Breda: 22.214.171.124
VAT number: NL 821290745 B01
Rabobank IBAN: NL68 RABO 0131564587. BIC: RABONL2U
1. Quotations and prices.
All our offers and prices are without obligation and we have the right to refuse orders without stating reasons. All images, drawings, data regarding weights, dimensions, colors, etc. included in price lists, circulars, brochures or shown to you by us as a sample are only approximate. Unless otherwise stated in the offer, it is valid for no longer than 30 days. Offers from stock are always subject to interim sale.
2. Entering into agreements.
Agreements and further agreements, which have not been entered into in writing, are only binding on us after written confirmation from us. Our obligations never go further than confirmed by us in writing. For new customers or clients, we use an order amount of at least €750.00 within the Benelux and €1500 outside the Benelux for the first order.
3. Delivery and delivery times.
An agreed delivery time only takes effect after all necessary information is in our possession and payment, if and insofar as it must be made by order, has been made. Exceeding the specified delivery time does not entitle the buyer or client to cancel the agreement unless he has set us a reasonable term for delivery in writing and we have not fulfilled our obligations within this term.
Nor can the buyer or client refuse receipt or payment of the goods if the specified delivery time is exceeded and/or demand compensation for any direct or indirect damage suffered by him or by third parties. Returns are only accepted after written permission.
4. Part deliveries.
If an agreement relates to more goods, the delivery can take place in whole or in parts. In the event of partial delivery, the buyer or client is obliged to pay the related invoice as if it concerned a s
5. Force Majeure.
In the event of force majeure, our delivery and other obligations are suspended. In that case, we are obliged to deliver as soon as reasonably possible. Force majeure is equated with unforeseen circumstances with regard to persons and/or materials that we use or tend to use in the execution of the agreement, which are of such a nature that the execution of the agreement is therefore impossible, or so inconvenient and/or disproportionate. becomes costly that prompt compliance with the agreement cannot reasonably be expected of us. The following qualify as such circumstances: government measures, operational, traffic and/or transport disruptions, disruptions in the delivery of finished products, raw materials and/or auxiliary materials, strikes, exclusions, obstacles by third parties, technical complications unforeseen by both parties, climatic conditions and so on.
We guarantee that all goods supplied by us meet the normal requirements of usability, reliability and durability, taking into account the nature of the goods.
All our warranty obligations become null and void if the goods are not used in accordance with their intended purpose, or if they are used improperly, operating instructions have not been observed, improper repairs have been carried out, or changes have been made.
Repair or replacement only needs to take place within the Netherlands. The guarantee for goods located outside the Netherlands only holds us liable for the costs of repair or replacement up to a maximum of the amount that these would have amounted to if they were executed in the Netherlands.
If we have already partially fulfilled our obligations at the commencement of the force majeure, we are entitled to separately invoice the already delivered or the services that have already been provided and the buyer or client is obliged to pay this invoice as if it concerned a separate transaction.eparate transaction.
Orders above € 750.00 will be delivered carriage paid in the Benelux unless otherwise indicated by us. The transport costs for orders to be delivered outside the Netherlands are determined in consultation. The transport of goods is always at the risk of the buyer or client.
Our prices are based on the price-determining factors known at the time of the offer. We are entitled to adjust the prices to any changes occurring in the period between the conclusion of the agreement and the delivery or payment in these price-determining factors such as raw material prices, wages, currency exchange rates and government-imposed levies.
Unless otherwise agreed, payment must be made within 14 days of the invoice date without discount or compensation.
If the payment term is exceeded, all judicial and extrajudicial collection costs will be borne by the customer or client. In all cases, an amount equal to 15% of the outstanding claim can be charged for extrajudicial collection costs. If the extrajudicial collection costs exceed this amount, these must be proved at the request of the customer or client by submitting the documents.
If a credit facility longer than 30 days after the invoice date is subsequently agreed to or is incorrectly taken, the buyer or client will pay an interest equal to the statutory interest for each month (or part of a month) of the credit facility, without a reminder being required. to pay default interest.
The buyer or client is in default by the mere expiry of the payment term, even without notice of default having been issued. Payment is only made from the moment that we have obtained free disposal of the amount paid.
If delivery is made on account, the customer or client is bound by our bookings, in the sense that, unless there is evidence to the contrary, he will have to acknowledge these bookings as correct.
Each payment is deemed to serve to settle the oldest outstanding claim. We are always entitled to set off outstanding claims against payments to be made by us for whatever reason. If the buyer or client is in default with any payment towards us, we have the right to suspend the further execution of the agreement and any other current agreements, or to cancel them, so far as they have not been performed, without prejudice to our right to compensation.
10. Retention of Title.
Goods delivered by us remain our property until full payment of all our receivables, and in the case of current account delivery, until settlement of any balance payable by the buyer or client, on the understanding that the buyer or client liability and risk for the delivered goods from the moment this is made available to him.
The buyer or client is entitled, as long as he fulfills his agreements towards us, to dispose of the goods in the context of normal business operations. He is not entitled to encumber the goods to our detriment or to transfer ownership as security.
Complaints, which are understood to mean all grievances due to the quality of the delivered goods, can only be made valid by written submission within 8 days of receipt of the goods. The handling of complaints does not affect the payment obligation.
Our liability under all agreements concerning all goods supplied by us is in all circumstances limited to the price for which the relevant goods were delivered. Only damage to the goods themselves is eligible for compensation, any indirect damage, for example lost profit as well as compensation for damage from third parties is always excluded.
13. Advice and data on the composition of goods.
Our advice is given to the best of our knowledge. However, we do not accept any liability for advice (oral or written). Our advice can never relieve the buyer or client of the obligation to inspect the goods to be delivered for their suitability for the intended purpose. The same applies to data regarding the composition of goods and application possibilities.
We reserve the right to cancel agreements in whole or in part in the event of such a change in circumstances that fulfillment can no longer reasonably be expected of us. In such cases, we must notify the purchaser or client of the cancellation in writing. In such cases, the latter is not entitled to claim compensation.
15. Applicable Law.
All these agreements are subject to Dutch law. The applicability of the Hague Conventions concerning the international commercial sale is expressly excluded.
The first instance has exclusive jurisdiction over the competent court in Zwolle. However, we can also bring legal actions on our part in the place of residence of the customer or client.