Terms of delivery
The following provisions apply to all our offers, confirmations and to all agreements entered into by us, unless expressly agreed otherwise in writing. When concluding an agreement with us, the applicability of any condition to the contrary is waived so that it will not form part of the agreement. It is only possible to deviate from the stipulations in these terms and conditions in writing.
All our offers are without obligation.
No rights can be derived for current or future transactions with regard to any changes agreed in writing or previous transactions entered into under conditions other than these.
3. Terms to the contrary
If the applicability of the present terms and conditions is not denied in writing and by registered post within eight days of receipt of the quotation or if this is not apparent from written notice, the parties are bound by these terms and conditions.
The goods travel at the expense and risk of the client or buyer, unless it has been agreed in writing that the goods will be delivered carriage paid. The goods are deemed to have been delivered by us and accepted by the buyer:
- on delivery ex warehouse, as soon as the goods have been loaded in or on the means of transport;
- in the case of carriage paid delivery, as soon as the goods have been delivered to the agreed place and this before unloading takes place.
Unloading outside working hours can only take place in consultation between seller and buyer.
5. Retention of title
The goods remain our property as long as the buyer or client has not paid the total purchase price, including interest and costs, in full, on the understanding that the risk of damage or loss of goods as well as any associated damage passes after delivery and/or acceptance of the goods. as described in the aforementioned article. Without our cooperation, before full payment has been made, there is no authority whatsoever to pledge the goods to third parties or to transfer ownership thereof or to grant any security right in the broadest sense of the word to these goods. If the buyer or principal acts or has acted contrary to this, the buyer or principal shall forfeit an immediately due and payable fine equal to the unpaid purchase price of the goods concerned, without prejudice to our right to the purchase price.
Unless expressly agreed otherwise in writing, the invoice amount must be paid without deduction or set-off at the latest within fourteen days of the invoice date at our offices, or by deposit or transfer to our bank account indicated on the invoice. We reserve the right to demand payment in cash or in advance.
The buyer or client, who has not paid on the fourteenth day after the invoice date, owes interest on the amount due without any reminder being required. This interest is calculated from the date on which the aforementioned payment term has expired. The interest rate is that of the statutory interest plus 1%. All possible costs, both judicial and extrajudicial costs incurred by us for the fulfillment of the obligations of the buyer or client, will be for the account of the buyer or client.
The extrajudicial costs amount to at least 15% of the invoice amount concerned, regardless of partial payments. The extrajudicial costs are due from the moment our claim is placed in the hands of a lawyer, bailiff or collection agency, regardless of whether the buyer
or the client has been informed thereof.
We remain authorized to take possession of our property at all times, under the obligation to settle any deposits already made in reasonableness and fairness.
If the buyer or client fails to fulfill any obligation under the agreement towards us, we are entitled to dissolve the agreement by means of an extrajudicial statement (a letter) without any notice of default being required and to return the goods (irrespective of whether they have already been have not been processed) to us, such with settlement as stated above.
In the event of bankruptcy, suspension of payments, shutdown and/or liquidation of the business of the buyer or client, the latter is deemed to be in default by operation of law and we have the right to suspend the execution of the agreement without any notice of default and without judicial intervention. or to declare the part thereof not yet executable to be dissolved, without prejudice to the right to payment of the executed part of the agreement and compensation for damage.
7. Delivery times
Any delivery times specified are informative. Exceeding the delivery time by us does not entitle to cancellation of the order nor to refusal of receipt or payment of the goods or to any compensation. In the event of late delivery, we must be given written notice of default, whereby we are allowed a reasonable period of time to still perform. In the case of purchase on demand, the demand must be made in good time, at least four weeks before the desired delivery takes place. In the event of force majeure such as natural disasters, war, government measures, material scarcity, stagnation, traffic blockage, strike or exclusion, we have the option of suspending the execution of the agreement or canceling or canceling the agreement insofar as it has not been performed. .
8. Attached Documents
The images, drawings and/or samples provided by us, measurements, weights, bearing capacity, chemical resistance and other technical specifications are not binding, but are only intended to give a general idea of what is on offer. Deviations from the information provided in this way do not entitle you to any form of compensation. The data remains our property and may not be copied without express permission. shown to third parties or used in any other way.
Complaints must be notified to us in writing and by registered post no later than eight days after the delivery date. If no written complaints have been received by us within this period, we will be deemed to have fully complied with our obligations with regard to the delivered goods. Evidence to the contrary against this assumption is excluded. if a complaint is accepted, at our discretion the goods can be repaired at our expense, or the goods can be replaced, whereby the transport costs will then be for our account.
We cannot be held liable for damage to machines, buildings, goods or persons, either directly or indirectly.
The prices quoted by us are based on cost factors. We reserve the right to pass on changes to these cost factors. Unless otherwise agreed, VAT is not included in the prices quoted.
In the event of non-compliance by the buyer or client, in the event of any payment, the amount of money paid will first serve to settle due judicial or extrajudicial costs, then interest and finally outstanding invoices in order of age (oldest first). We are at all times entitled to demand security for the fulfillment of payment obligations.
All disputes between us and our customers, including collection in the event of non-payment, are subject to the judgment of the competent court in Breda,
13. Applicable law
All agreements to which our terms and conditions apply and the resulting legal relationships are governed by Dutch law.
Filed with the Chamber of Commerce and Industry in Breda on March 1, 1995 under number: 2937