Our general terms and conditions of sale and delivery

To the extent that seller and buyer have not agreed in writing otherwise, every sale and delivery takes place pursuant to these terms and conditions of sale and delivery, with which the buyer irrevocably declares to be in agreement. A general reference by the buyer to his terms and conditions of purchase does not affect the exclusive applicability of these terms and conditions.

Clause 1

1. All quotes and offers, as well as details in product/price breakdowns, leaflets, websites and emails, are subject to confirmation, unless the seller has explicitly stated otherwise in his quote to the buyer.

2. All prices, stated in quotes, offers, product/price breakdowns and leaflets are always exclusive of VAT.

3. If after the date of a quote or confirmation of an order, the prices of materials and raw materials, or wages, salaries, social charges or government levies, freights, exchange rates, insurance premiums, import and export duties or other cost-determining factors at home and/or abroad are changed or these changes only then come to the seller’s attention, the seller will be entitled to amend the prices accordingly, with due observance of any existing relevant statutory regulations.

4. Buyer shall be entitled to cancel the purchase within 8 days from the time at which he took cognizance of the price changes.

Clause 2

1. Sale agreements only come into being by written order confirmation from the seller or because the seller fully or partially meets an order for delivery from the buyer.

2. In the event of an order for delivery in various batches, the agreement shall be deemed to have been effected in full, once the first partial or part delivery has taken place.

Clause 3

1. Stated delivery times are approximate only. Exceeding the delivery time will not entitle the buyer – irrespective of the cause thereof – to termination of the agreement entered into and/or compensation.

2. The dispatch of the goods will always take place, so including if carriage paid was agreed, at the buyer’s risk.

3. Unless explicitly agreed otherwise, the goods will always be dispatched carriage paid to the destination in the Netherlands and Belgium by transport mode to be determined by the seller. Seller reserves the right to exclude products or product groups from this rule.

4. For orders with a net value under € 100 excl. VAT, transport cost or order costs will be charged respectively. This only applies to deliveries within the Netherlands. If an order is to be sent to an address outside the Netherlands or an order comprises very heavy products requiring special transport (at the seller’s discretion) the transport costs will always be charged on to the buyer.

5. If the supplier from whom the seller obtains the goods to be supplied to the buyer should remain fully or partially in default due to any cause whatsoever in the timely, correct or sufficient delivery, force majeure will apply with respect to the buyer in his relationship with the seller and the seller will not be liable for non-delivery, insufficient or non-timely or incorrect delivery towards the buyer for any arising damage/loss.

Clause 4

1. The goods will be invoiced simultaneously with the dispatch of the goods.

2. If delivery takes place in batches, seller will be entitled to invoice each partial delivery separately.

Clause 5

1. In order for them to be valid, any complaints should be lodged in writing with the seller within 10 days from receipt of the goods.

2. Any right to a complaint lapses if the goods have been taken into use fully or partially.

3. Complaints do not entitle the buyer to suspend his payments or to claim compensation. For the application of this stipulation, every partial delivery is considered to be a separate delivery.

4. The buyer is not entitled to return the goods about which the buyer has a complaint, without permission from the seller.

Clause 6

1. Return shipments without prior permission from the seller are not permitted. If they should still occur, all costs related to the shipment are to be paid by the buyer.

2. Return shipments that have not been accepted by the seller do not relieve from payment regulations in any way.

3. Return shipments are to be paid for by the buyer, unless they take place as a result of the seller’s fault.

4. Seller reserves the right at all times to charge minimum 10% return expenses.

Clause 7

1. The seller shall not be liable for any direct or indirect loss including trading loss, damage to goods or persons arisen due to the goods delivered or due to advice or explanations given or any damage arisen due to faultiness or incorrect composition of the goods supplied, all in the broadest sense of the word.

2. Without prejudice to the foregoing, any compensation obligations for seller for whatever reason are always limited to maximum the invoice amount of the goods supplied.

Clause 8

1. To the extent that this was not agreed in writing otherwise, payment should take place within 20 days from invoice date, without discount or compensation.

2. In the event of overdue payment, the buyer shall owe interest equal to the statutory interest on the outstanding amount from the due date to the day of payment of the payable amount. All costs, including the costs of legal assistance caused by or related to the overdue payment are to be paid by the buyer.

3. In the event of overdue payment, the seller shall be entitled to suspend delivery of the other goods or cancel any agreement entered with buyer or parts thereof without a demand or judicial intervention and to claim full compensation from the buyer.

4. The seller always reserves the right (even if the transaction was entered into under different conditions) to send the goods cash on delivery or demand advance payment.

Clause 9

1. All goods supplied by seller will remain seller’s property until the moment of full payment of all receivables, including interest and costs - and in case of delivery on account, until the moment of settlement of any balance payable by buyer.

2. For the full payment or settlement referred to, the buyer shall not be entitled to pledge the goods to third parties or transfer their ownership other than in accordance with the course of his business or regular purpose of the goods. In the event of breach hereof, whichever the payment conditions, the purchase price will be payable immediately and in full. In addition, seller will have the right to collect or have collected all goods from the place where they are situated without any authorisation from the buyer or from the court.

3. Buyer must prevent seller’s goods from being affected by attachment. Should this nevertheless occur, the buyer should inform the seller immediately.

Clause 10

1. Any disputes that should arise as a result of an agreement, to which these terms and conditions are applicable in full or in part, or as a result of further agreements, which are a result of such an agreement shall be settled by the competent court in the seller’s place of business, unless buyer and seller agree to subject the dispute to arbitration.