GENERAL SALES-AGREEMENTS
1. GENERAL PROVISION
These terms and conditions of sale apply to all to be concluded by us agreements and offers made by us, to the exclusion of all terms, by buyers or others on their stationery, order and delivery forms, invoices etc. and / or deposited somewhere. With it ankle providing an assignment, the client accepts this conditions of sale.
2. OFFERS
All offers are without obligation, unless expressly stated to the contrary. Binding orders us first by and after our written acceptance. Each offer must be taken as a whole are considered.
3. PRICES
Prices quoted will lapse after delivery of the order and / or with the appearance of the new price list (s). We are -even in the case of repeat orders- always entitled to the prices calculation, valid on the day of delivery, as well as after the realization of the agreement to pass on price increases.
4. DELIVERY TIME
The specified delivery times are approximate only. Unless otherwise stated and / or is agreed, the seller does not accept any guarantee with regard to the delivery time and late delivery does not entitle the buyer to compensation or dissolution of the closed sale.
5. DELIVERY
Transport takes place with a carrier of the seller’s choice and at the seller’s risk. If a different mode of transport is determined at the express request of the buyer, then it is risk for the buyer. Proper partial deliveries as well as deviations from the order quantity of up to approximately 10% are permitted.
6. PAYMENT
Payment must only be made directly to us within the specified period after the invoice date to our account (s) without any deduction or compensation. If buyer is not in paid the agreed term, he is in default by the mere expiry of that term and as a result, the statutory interest is due, from the moment he is in default, while also all judicial and extrajudicial (collection) costs to be incurred by us be the buyer.
7. PACKAGING
Unless otherwise agreed, the usual packaging is at the expense of the buyer.
8. RETURNS
The buyer never has the right to return the goods, unless the seller does so has agreed in writing. The shipment will then be paid by the seller at the expense and risk made available to the buyer by the buyer, without any acknowledgment of the correctness of any advertising can be inferred.
9. COMPLAINTS
Any right to complain lapses through the full or partial processing of the goods. In order to be valid, complaints must be submitted in writing to the customer 8 days after receipt of the goods seller. Complaints due to shortages, due to deviations from the stated specification or for externally observable damage must, in order to be valid, in addition to be noted by the buyer on the receipt. Complaints do not give the buyer the right to suspend payments, while explicitly excluding compensation. If the complaint is justified, the seller will, at his option, pay either fair compensation not exceeding the invoice value of the goods delivered, or the goods delivered free of charge replaced after the original goods have been returned by the seller. Until The seller is not obliged to pay any further compensation. Indirect damage is never compensated.
10. FORCE MAJEURE
If the factory or the supplier from which the seller obtains the goods, by whatever cause remains in default of delivery despite reminders from the seller does not deliver on time, this applies to the seller as force majeure with regard to the buyer. The salesman is therefore not liable towards the buyer for this. In case of force majeure, the seller is too his choice is entitled to either extend the delivery time by the duration or the purchase to the extent that it is affected by the obstruction. If the buyer does so reminder in writing, the seller is obliged to make his choice within 8 days explain.
11. CURRENCY RISK
If the exchange rate of the Dutch currency against one or more foreign currencies after the conclusion of the purchase and before the goods have been delivered, should undergo a change to the detriment of the Dutch currency, the seller is entitled to charge this exchange surcharge.
12. RESERVATION OF OWNERSHIP
The delivered goods remain our unconditional property until the buyer has paid in full all that he owes us on the basis of the delivery made by us. In the event that the buyer does not promptly fulfill his payment obligations, he applies for a suspension of payments, is granted a moratorium on payments, he is declared bankrupt or he decides to liquidate his business, the seller is entitled to the existing at that time, to cancel agreements in whole or for the part that has not yet been executed, to consider claims that are not yet due and payable as suddenly due and payable and to claim the unpaid goods, without prejudice to his right to compensation.
13. DIES AND TOOLS
All molds and tools for which part of the production costs have been paid by the seller remain the property of the seller as long as no further agreement with
the buyer is made. Risk and insurance of the molds is for the buyer. Molds and tools, even those that are fully financed by the buyer, are stored by us free of charge, however, completely and entirely at the risk of the buyer, who then also for insurance.
will have to take care. If the buyer wants to remove his molds and / or tools from the seller, all costs for packaging and shipping are for the buyer.
14. DIFFERENT PROVISIONS OR CONDITIONS
Additional or deviating clauses or conditions are all valid if agreed in writing between the buyer and seller.
15. APPLICABLE LAW
Only Dutch law is applicable to this agreement and to agreements resulting from it.
16. LEGAL COMPETENCE
All disputes arising from or related to our agreements will be decided at our choice in the first instance by the competent law in The Hague or by the competent law of the place where the buyer resides or is established.