Nederlands
Article 1
Article 2
Quotes and price indications are only offered based on the prices that are valid at the time of the sale or assignment. If prices are increased, for instance because of laws and/or excises, manufacturing prices, changes in currency etc., we are entitled to extenuate the price difference to the buyer. Prices are, unless otherwise agreed, based on minimum export carton quantities per product.
Advices we give, calculations we make and/or drawings are made to our best knowledge, but we cannot accept any liability for the consequences of their use or possible errors in them. The person assigning us to make these advices, calculations and/or drawings is obliged to indemnify us against any claims by third parties. If the installation, or the commissioning of the delivered whole, has not been carried out by us, partly or wholly, we are not carrying any responsibility for the installation and/or commissioning thereof. Claims and malfunctions should be investigated and solved by the buyer, except that we will offer assistance in cases deemed relevant by us against payment.
Article 3
We will maintain the indicated delivery terms as much as we possibly can, but we cannot be liable for the consequences of unexpected delays. Such delays do not give the buyer any right to compensation or cancellation.
Article 4
Article 5
Article 6
The buyer who is buying on special export price condition is not granted any product guarantee, unless otherwise agreed in writing. In case of an accepted claim, the claim does not give the buyer the right to suspend payments.. If the claim is justified, it does not give the buyer the right to any compensation of damages under any name; we have the right to take the products back, or to cancel the delivery, or to make a free redelivery as fast as possible. We are not liable for business and company damage. The buyer will never receive a higher compensation for damages than the agreed price for the delivery relating to the shortcoming. Repairs ordered by the consumer and carried out by third parties to goods delivered by us will not be compensated without our prior written approval.
Products can only be returned by the buyer after we have agreed to this in writing. Without such written agreement, the payment of the invoiced amounts is still due while the resulting costs will be paid by the buyer. We will never accept unstamped or insufficiently stamped return shipments; these will be returned at the risk of the buyer and subsequently charged to the buyer.
Article 7
Article 8
Shortcomings by us regarding compliance with the agreement resulting from war, mobilisation, riots, floods, stopped shipping, other traffic jams, stagnation in, or reduction or cessation of deliveries by public utilities, lack of coal, gas, oil products, or other ways to generate energy, fire, machine malfunctions and other accidents, strikes, exclusions, actions by unions, export limitations, or other government measures, malice or gross negligence by supporting persons and other similar circumstances cannot be held against us and do not entitle the buyer to terminate the agreement or to damage compensation.
Article 9
Except for purpose and gross negligence on our part, the liability is at any rate limited to the purchase amount of the product involved with a maximum of € 3.500,00 per case or series of related events and this only for direct damages. Indirect damages will not be remunerated.
We are furthermore not liable for: Infringements on patents, licences, or other rights of third parties, because of or resulting from the use of data supplied by the buyer. If a third party objects to the delivery of products based on infringement on any alleged right to intellectual property, we are entitled to promptly stop the delivery and claim compensation for the sustained costs and damages, without the buyer having any right to claim damage compensation from us.
The buyer is obliged to indemnify us against, or to compensate us for, all third party claims for damages for which our liability towards the buyer is excluded in these terms.
Article 10
GENERAL
These General Terms & Conditions are applicable to all offers, sales, deliveries and services of products that are sold by us or brought on the market by third parties, hereafter referred to as our products, regardless of whether they have been purchased or received directly from us, or by way of a third party. General (purchasing) terms of the buyer are only applicable if they have been agreed to explicitly and in writing that they will be applicable to the agreement between parties, excluding these terms. The relevance of these terms with regard to resale means that each following reseller will be obliged to stipulate the applicability of these terms as terms for further deliveries.Article 2
QUOTES AND PRICE INDICATIONS
All quotes and price indications are non-committal and are based on ex works condition.Quotes and price indications are only offered based on the prices that are valid at the time of the sale or assignment. If prices are increased, for instance because of laws and/or excises, manufacturing prices, changes in currency etc., we are entitled to extenuate the price difference to the buyer. Prices are, unless otherwise agreed, based on minimum export carton quantities per product.
Advices we give, calculations we make and/or drawings are made to our best knowledge, but we cannot accept any liability for the consequences of their use or possible errors in them. The person assigning us to make these advices, calculations and/or drawings is obliged to indemnify us against any claims by third parties. If the installation, or the commissioning of the delivered whole, has not been carried out by us, partly or wholly, we are not carrying any responsibility for the installation and/or commissioning thereof. Claims and malfunctions should be investigated and solved by the buyer, except that we will offer assistance in cases deemed relevant by us against payment.
Article 3
DELIVERY AND DELIVERY TERMS
All deliveries are ex works. The customer must have a valid European VAT registration number. The minimum order value is 2.000 Euro. The products are supplied ex works and transport and insurance should be arranged by the buyer. All products in storage, or offered for repairs, are not insured against any risk by us. We are not responsible for damages to these products. The costs of shipments that are unjustly refused will be charged to the receiver, as well as the costs of return shipments.We will maintain the indicated delivery terms as much as we possibly can, but we cannot be liable for the consequences of unexpected delays. Such delays do not give the buyer any right to compensation or cancellation.
Article 4
BUYER’S OBLIGATIONS
The buyer is obliged to:- Sell all products that we bring into trade only in the original detail packaging, without any changes or damages.
- Never use our products as a bonus and never offer or deliver our products together with other products for a total price.
Article 5
DELIVERIES
Shortcomings should be reported immediately to us and the transporter, in accordance with the relevant instructions of the transporter. If the buyer is not respecting this, he will be deemed having accepted the products. If the buyer refuses to receive the goods ordered by him, the costs resulting from this, e.g. transportation costs, storage costs etc., are charged to his account.Article 6
CLAIMS AND RETURNS
Claims, including any grievances with regard to the quality of delivered products, materials or possible execution of work, can only be made known to us by the buyer by way of a written notice within 8 days after the receipt of the goods, if the defect is visible and in case of so-called hidden defects within 8 days after the defect has been noticed, or could be noticed. Claims should include a description of the problems and detected defects.The buyer who is buying on special export price condition is not granted any product guarantee, unless otherwise agreed in writing. In case of an accepted claim, the claim does not give the buyer the right to suspend payments.. If the claim is justified, it does not give the buyer the right to any compensation of damages under any name; we have the right to take the products back, or to cancel the delivery, or to make a free redelivery as fast as possible. We are not liable for business and company damage. The buyer will never receive a higher compensation for damages than the agreed price for the delivery relating to the shortcoming. Repairs ordered by the consumer and carried out by third parties to goods delivered by us will not be compensated without our prior written approval.
Products can only be returned by the buyer after we have agreed to this in writing. Without such written agreement, the payment of the invoiced amounts is still due while the resulting costs will be paid by the buyer. We will never accept unstamped or insufficiently stamped return shipments; these will be returned at the risk of the buyer and subsequently charged to the buyer.
Article 7
PAYMENTS AND RETENTION OF OWNERSHIP
Unless otherwise agreed, all payments are pre payment before delivery, or in case of a payment term agreement within 14 days of the date on the invoice, without recourse to debt comparison. If our claim(s) is/are not paid as stipulated above, we are entitled to raise an interest of 1% per month, starting 14 days after the date on the invoice, plus 12 Euro administration costs. The costs of return orders, claims and all other legal or non-legal costs resulting from late payment will be borne by the debtor. The non-legal costs will be determined according to the Bailiff’s fee. Partial payment by the buyer will, in the first place, be deducted from the calculated interest for late payment and possible calculated non-legal costs due as mentioned above. Products that are stored at our company for a client will be invoiced to the buyer; unless otherwise agreed, these need to be paid within 14 days after the date on the invoice. If the buyer is in default with regard to payment, we are entitled to suspend all agreements between the buyer and us until payment has been made, while cash payment can be claimed on the current deliveries. We have the right to claim security of payment of the purchasing price before, as well as during the execution of the agreement. Failure to comply with a written warning entitles us to cancel delivery and to demand payment. We retain ownership of the products delivered to the buyer until payment has been made in full, including any interest and additional costs, legal as well as non-legal, insofar as the products have not been delivered to third parties according to business as usual for the client and according to the normal destination of the products. The buyer is not entitled to transfer ownership of the products in any other way than according to his usual business and the usual destination of the products until payment has been made in full, as mentioned above. Transfer of security is not allowed. In case the buyer does not comply with any obligation to us from the agreement with regard to the execution of work or sold products, we are entitled to take the products back without notice in which case the agreement is terminated, even without judicial intervention, without prejudice to our right to claim damage compensation, lost profits and interest. All prices exclude VAT.Article 8
FORCE MAJEURE
Shortcomings by us, in compliance with the agreement, cannot be held against us if they are not our fault, or according to the law, the agreement or prevailing opinions cannot be held against us.Shortcomings by us regarding compliance with the agreement resulting from war, mobilisation, riots, floods, stopped shipping, other traffic jams, stagnation in, or reduction or cessation of deliveries by public utilities, lack of coal, gas, oil products, or other ways to generate energy, fire, machine malfunctions and other accidents, strikes, exclusions, actions by unions, export limitations, or other government measures, malice or gross negligence by supporting persons and other similar circumstances cannot be held against us and do not entitle the buyer to terminate the agreement or to damage compensation.
Article 9
LIABILITY
Our liability is limited to compliance with the obligations as defined in article 6 of these terms.Except for purpose and gross negligence on our part, the liability is at any rate limited to the purchase amount of the product involved with a maximum of € 3.500,00 per case or series of related events and this only for direct damages. Indirect damages will not be remunerated.
We are furthermore not liable for: Infringements on patents, licences, or other rights of third parties, because of or resulting from the use of data supplied by the buyer. If a third party objects to the delivery of products based on infringement on any alleged right to intellectual property, we are entitled to promptly stop the delivery and claim compensation for the sustained costs and damages, without the buyer having any right to claim damage compensation from us.
The buyer is obliged to indemnify us against, or to compensate us for, all third party claims for damages for which our liability towards the buyer is excluded in these terms.
Article 10
