Article 1. Applicability of these conditions
These conditions apply to all offers, deliveries made by us to third parties, as well as all agreements in the widest meaning of the word and to the contracting of work which we have entered into with third parties.
Article 2. Offers
All offers and quotations are non-binding unless explicitly mentioned, based on any information provided during application. The amounts quoted are for shipping from warehouse office workplace (to be indicated by us) and are exclusive of VAT and exclusive of packaging.
Data provided by us in print are subject to change without notice. They are not binding. All transactions are always closed based on the prices prevailing on the date of closing. Should price increases arise, e.g. due to an increase in charges and/or duties, factory prices, currency etc., we reserve the right to charge the price difference to the client. For his part, the client will, however, have the right, subject to appeal within three days after learning about the price increase, to reverse the order and to reimburse the already delivered, based on the prices prior to the increase.
Article 6. Transport risk
All supplies and materials travel, from the time of shipment, for the purchasers or clients risk. Even if carriage-paid delivery has been agreed, the purchaser or customer shall be liable for all damage (such transport, fire and water damage, theft or embezzlement suffered during transport). Upon arrival of the goods the client or purchaser must satisfy himself of the state of the property. Should it then appear that damage to goods or materials has been done he should take all measures to obtain compensation from the carrier.
Article 7. Liability
We shall never be obliged to pay compensation for damages directly or indirectly caused by defects in products or services. Nor are we liable for damage caused during our delivery of goods or services in lots, ships or vehicles of buyers or clients or third parties to other goods located in the vicinity of the location of delivery. We shall never be obliged to pay compensation for business loss (business interruption, loss of income, etc.) by any cause whatsoever, including delay in the delivery of products and services.
Article 9. Terms of payment
Unless agreed otherwise in writing, payment of invoices sent by us shall be done within fourteen days after the invoice date, without deductions that are not explicitly authorized by us. We are always entitled, before proceeding to delivery or to continue to deliver, to demand sufficient security for the fulfillment of its payment from a buyer. This provision also applies if credit has been agreed. Refusal by the buyer/tenant or principal to provide the required security, gives us the right to regard the agreement as terminated, without prejudice to our rights to reimbursement of expenses, business interruption or loss of profit.
Requirements of any authority, preventing the use of the supply of products already supplied, bring no changes in the financial obligations of the buyer/tenant or client. Setting-off of debt is never allowed. The claim for payment of the full amount is claimable immediately upon failure to promptly pay an agreed installment on the due date, when the purchaser/tenant or client files for bankruptcy, moratorium or administration, when goods or claims of the purchaser are seized, and if he goes into liquidation, or if an entity is being dissolved.
Article 11. Claims
Any claims on the supply of goods, services and invoice amounts must be in writing and filed with us within 10 days after receipt of the goods or services or the related invoices with accurate statements of the facts referred to in the claim. When filed claims do not comply with the abovementioned, they can no longer be received and the buyer/tenant or client is deemed to have approved the delivery. When we consider a complaint to be justified, we have the right to either to determine an amount of cash in common accord as compensation payable to the buyer/tenant or client, or to proceed with a new supply, maintaining the existing agreement, under the obligation of the purchaser to us, or return the wrong or defective delivered. We are only under the obligation to learn of the submitted complaints, when the purchaser at the time of filing has paid all his dues to us existing under any agreement between him and us. All this except for the provisions concerning warranty.
Article 13. Compensation for late or non-payment
When the payment of an invoice sent is not paid within fourteen days after the invoice date, we are entitled after the expiry of that period to to request compensation from the buyer/tenant or client for loss of interest amounting to 1½% per month or part thereof for the total amount of the bill without any further notice. When we are forced to give the collection of an unpaid invoice to a third party (lawyers, bailiffs, debt collection agencies, etc.), we are entitled to charge the buyer/tenant or client a compensation for all extrajudicial costs incurred by us in this matter, as well as a fine -at benefit of us- of 15% + €12,- of the total amount owed. Notwithstanding the foregoing, the goods will also revert as our property; while payments and premiums continue to be due to us.
Article 14. Retention of title
As long as a buyer or client has not paid by us for the delivery of goods or delivered equipment, or work performed, the goods and installations supplied to him by us, for expense and risk of the purchaser, remain our property. When a buyer/tenant or client fails to comply to any obligations under the agreement relating to the sold goods, delivered equipment or work performed, we are entitled to take back goods or facilities without any notice, in which case the agreement is terminated without judicial intervention, without prejudice to our right to demand compensation for damages, lost profits and interest.
Article 16. Modification of terms
Any deviations from these conditions, applied by us at any time in favor of the buyer, never give the latter the right to invoke them later, or to claim the application of such an exception as a given.
Article 17. Disputes
All disputes, with the exception of any other court, shall be subject to the judgment of the competent court within the district of Alkmaar. Full terms and conditions available on request.