General Terms & Conditions
1. GENERAL
All our offers, quotations, agreements and their implementations are subject to
the General Terms and Conditions as deposited at the Chamber of Commerce and
Industry in The Hague. The applicability of all other General Terms and Conditions,
in particular those of the client and/or contractor is explicitly excluded.
2. QUOTATIONS
All our quotations are in principle offered without any obligation unless a given
period of validity is indicated. All information and/or data provided with the quotation
remains our intellectual property.
We cannot be deemed liable for incorrect statement of the information provided
with our quotations.
3. AGREEMENTS
Agreements, including further commitments and/or modifications, are only binding
following our explicit confirmation or acceptance. In this regard only our records
are conclusive. We are entitled to demand sureties in advance as well engage third
parties for the implementation of the agreement.
4. PRICES
Our prices are calculated on the basis of purchasing costs and other cost price
factors and based on delivery ex-factory/store and exclusive of Value Added Tax,
shipping, etc. Changes in prices are explicitly reserved.
5. DELIVERIES AND LEADTIMES
Deliveries commence in principle on leaving our factory/store. Only those partdeliveries
that are designated as such by us are permitted to be free at destination.
Delivery times are stated as approximate. Exceeding these times does not give rise to
any claims to damages in any event. Cancellation is only permitted after repeatedly
(excessively) exceeding the delivery time and following written notice of default by the
other party except for force majeure on our part. On receipt the delivered goods must
be inspected for damage and defects which must be reported on the delivery and
despatch notes. Returns, on our agreement, shall be at the other parties’ costs.
6. TRANSPORT
Transport packaging is at the cost and risk of the other party, even if the transport
documents state otherwise.
7. FORCE MAJEURE
In the event of force majeure we shall have the right to suspend or dissolve our
obligations.
8. LIABILITY
Except for potential indemnity insurance, our liability is limited to the net invoice
value of the delivered goods. As regards the remainder, the other party indemnifies
us against every claim to damage compensation disregarding the cause.
9. COMPLAINTS
Complaints must be reported to us in writing within 8 days of delivery (for invoices
this is 8 days following the invoice date), whereupon the other party is bound by the
agreement. As regards hidden defects a period of 8 days after detection applies
and an ultimate period of 6 months after delivery. Returns may only proceed
following our prior written permission.
10. PAYMENT AND RETENTION OF TITLE
Payment shall be made no later than 14 days after date of invoice into our bank
account. Interest at 1.5% per (part of a) month shall be incurred if this period is
exceeded. All further invoicing costs incurred shall be charged to the negligent
other party. In the event of late payments, the agreement may be dissolved by us
without recourse to the courts, whereupon all our title rights are restored. The
extrajudicial collection costs shall be no less than 15% of the total amount owed.
Interest and costs of the claims are settled first. Insofar as the other party has
not fulfilled its obligations in their entirety, all goods supplied by us which are still
with the other party shall remain our (joint) property, which on the introduction of
the New Dutch Civil Code has been lost as a non-possessory pledge concerning
the goods for our (surety) collateral and that for the value of what the other party
is indebted to us. In the event of resale of (yet) unpaid goods the other party is
obliged to cooperate with their assignment.
The other party shall be obliged to draw up a similar retention of title as regards
his purchaser.
11. DISPUTES
Disputes will be submitted to the competent court in our place of business unless
we choose otherwise.
