Terms and Conditions
GENERAL SALES AND DELIVERY CONDITIONS
JOS TEN BERG'S HANDELMAATCHAPPIJ BV
filed with the registry of the Utrecht District Court under number 85/2012
Article 1: Applicability
a. These general terms and conditions apply to all offers, agreements, delivery of goods and/or services provided between us and the customer, except in the case of expressly agreed deviation and confirmed in writing by us.
b. By placing an order, the customer indicates that he agrees with these general terms and conditions.
c. Any delivery, sales or purchasing conditions used by the customer, if and insofar as they deviate from these conditions, are not binding on us, unless otherwise agreed in writing.
Article 2: Offers and conclusion of the agreement
a. All offers, prices and conditions are without obligation and can be revoked by us at any time.
b. A legally valid agreement is deemed to have been concluded at the time that we have confirmed the order to the customer in writing (including: by e-mail).
c. The data associated with offers, such as images, drawings, weight and size statements and other similar data, are global in nature and do not bind us, unless expressly stated otherwise.
d. Design drawings, technical diagrams and the like are our property or copyright. It is not permitted to provide this information to third parties for any use other than the purpose for which it was provided by us.
e. Goods that are specially produced, stamped or otherwise provided with badges and/or decor on behalf of the customer must, if necessary, be purchased with a surplus of up to 10% of the agreed quantity, while a quantity delivered up to 10% less is not permitted. needs to be recreated.
f. Stamps, dies, engravings, shapes and the like, required for applying markings or decor as referred to under e., remain the property of the relevant manufacturer, regardless of the fact that the costs charged for the production of such stamps, dies, engravings and/or forms are at the expense of the customer.
Article 3: Delivery
a. Unless expressly agreed otherwise, delivery times are approximate and take effect after order confirmation on our part and after receipt of all necessary information or after receipt of the advance payments agreed with the customer. A delivery period specified by us will never be regarded as a strict deadline.
b. Unless otherwise agreed, deliveries are made from Nieuwegein warehouse.
c. If shipment is postponed at the request of the customer or delivery to the delivery address is not possible, all costs resulting from storage or re-delivery will be borne entirely by the customer.
Article 4: Assembly
a. The installation of electrical, water, gas, power, supply and drainage pipes, sewerage, air extraction, foundations and masonry, as well as all other facilities required for the commissioning of the goods on site, takes place at the expense and risk of the customer.
b. The buyer ensures, at his own expense and risk, that the work not part of the order is carried out on time and properly, in such a way that the delivered goods and installation are not damaged or delayed.
c. Assembly work is considered to have been carried out as soon as the installation is ready for operation or is ready for further processing by the customer or third parties. The customer is then deemed to have accepted the goods in the agreed and delivered version. Any additional costs resulting from changes desired by the customer and/or improper use on the part of the customer will be borne by the customer.
Article 5: Prices and additional costs
a. All prices and any additional costs such as freight costs, administration costs, etc. are exclusive of VAT.
b. In the event of cost-increasing changes, such as as a result of increases in duties and/or excise duties, prices of raw materials and energy, costs passed on by third parties or changes in currency ratios, we are entitled to adjust the applicable prices and/or additional costs accordingly. After notification thereof to the customer - equivalent to an entry in our price list as published on our website - the adjusted prices and/or additional costs will replace the previously applicable prices.
Article 6: Payment
a. Unless expressly agreed otherwise in writing, the customer is obliged to pay the amount due within 30 days after the invoice date. The customer is not entitled to deduct any amount owed to us, for whatever reason.
b. If the payment term is exceeded, the customer is in default without prior notice of default and owes us:
I an interest of 1% per month on the amount due;
II all judicial (including costs of legal assistance) and extrajudicial costs to collect the amount owed to us, the extrajudicial costs amounting to 15% of the total owed by the customer to us.
c. Without prejudice to the other provisions of this article, in the event of late payment we are entitled to suspend further (partial) deliveries to the customer until full payment of the overdue amount has been received, without prejudice to the right to terminate the agreement, at our discretion, in whole or in part. to terminate and claim full compensation.
Article 7: Advertisements
a. Any complaints, of whatever nature or cause, must be notified to us in writing within five working days after delivery, without prejudice to the obligation of the customer to immediately report any transport damage or defects found upon delivery to the carrier and on the waybill to make a note. After the aforementioned period of five working days after delivery, the customer is deemed to have approved the delivery.
b. Minor deviations in quality, size, finish, color or construction, which cannot reasonably be prevented from a technical point of view or are generally permitted according to trade customs, do not constitute grounds for a complaint.
c. If the delivery involves multiple goods, complaints regarding one of those goods do not affect the purchase obligation for the other goods.
d. Goods will only be taken back if and insofar as we have given the customer prior written permission for return.
e. A timely complaint and/or the processing of a complaint does not suspend the payment obligation of the customer nor his obligation to purchase and pay for the other goods in the order.
Article 8: Warranty
a. Without prejudice to the restrictions stated in these general terms and conditions, we guarantee the soundness of the goods delivered and/or work carried out by us, provided that all our instructions regarding the use of the goods have been strictly followed.
b. The warranty period commences on the day of delivery of the goods or the day of completion of the work carried out by us and expires six months thereafter.
c. We are only liable for defects for which the customer proves that they arose before or within the warranty period, exclusively or predominantly as a direct result of defective construction, materials, assembly or service.
d. Defects that are wholly or partly a result of raw materials, materials or construction or method of execution, chosen by the customer or mandatorily imposed by any third party or government regulation, are not covered by this warranty.
e. Unless otherwise agreed in writing, we do not provide a guarantee for goods or materials processed in accordance with the customer's instructions.
f. Our liability under the warranty is limited to replacing defective goods or repairing defective work or, at our option, to reimbursing the amount charged for these defective goods or work performed.
g. If it concerns goods supplied by us but manufactured by a third party, our warranty towards the customer never extends beyond the warranty given to us by the manufacturer.
h. Any warranty will lapse if the customer has the goods delivered by us repaired by third parties during the warranty period without our prior written permission.
Article 9: Retention of title
a. As long as the customer has not fully paid our claims, including interest and costs, under the existing legal relationship with us, we remain the owner of all goods sold and delivered by us to the customer.
b. The customer is not entitled to pledge the goods subject to the retention of title or to encumber them in any other way or to transfer them to third parties for use.
c. In the event of seizure of the goods delivered under retention of title or if third parties otherwise assert rights thereto, the customer is obliged to inform us of this immediately.
d. The customer now gives us unconditional and irrevocable permission, in all cases in which we wish to exercise our property rights, to enter all places where our property will be located and to take it with us there.
Article 10: Force majeure
a. We are not liable for any damage whatsoever if and insofar as we cannot fulfill our obligations as a result of force majeure.
b. Force majeure means any external cause, as well as any circumstance that should not reasonably be our risk. Delays or failure to perform by our suppliers, disruptions in the electricity grid, disruptions in electronic traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence on the part of our suppliers and/or manufacturers as well as auxiliary persons , illness of personnel, defects in auxiliary or transport equipment expressly constitute force majeure.
c. In the event of force majeure, we reserve the right to suspend our obligations and we are also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be changed in such a way that execution remains possible.
Article 11: Liability
a. Our liability under our legal relationship with the customer is expressly limited to that described under the warranty in Article 8. Any further liability is expressly excluded.
Article 12: Suspension and dissolution
a. If the customer does not fulfill his obligations arising from the existing legal relationship with us, or does not do so properly and/or in a timely manner, as well as in the event of a bankruptcy petition, bankruptcy, seizure, liquidation or in the event of an applied for or obtained suspension of payments, we are, without prejudice to the other provisions of these general terms and conditions, is entitled to suspend the execution of the agreement with the customer or to unilaterally dissolve it in whole or in part without further notice of default or judicial intervention.
b. In the aforementioned cases, everything the customer owes us becomes immediately and fully due, without prejudice to our right to full compensation.
Article 13: Distance Selling
a. If and insofar as there is a consumer purchase within the meaning of the Distance Selling Act, the present general terms and conditions apply in full, except for the following deviations:
1. The customer has the right to return (part of) the delivered goods to us within a period of seven working days, starting from the moment the ordered goods have been delivered, without giving reasons.
2. If the customer has not returned the delivered goods to us after the latter period has expired, the purchase is a legal fact.
3. Before returning the product, the customer is obliged to notify us in writing within seven working days after delivery.
4. Returns of the delivered goods must be in the original packaging (including accessories and associated documentation) and in new condition. If the goods have been used at or by the customer, encumbered or damaged in any way, the customer's right of withdrawal lapses.
5. Taking into account what is stated in the previous sentence, we ensure that the full purchase amount, if and insofar as it has already been paid, is refunded to the customer within seven working days after receipt of the goods. The costs of returning the goods delivered by us remain entirely at the expense of the customer.
6. The right of withdrawal does not apply to goods that have been manufactured according to the customer's specifications.
Article 14: Data management
a. When requesting a quote or placing an order, the customer's details are included in our customer database. The customer's data will not be provided to third parties without his consent and will otherwise be treated confidentially by us.
Article 15: Applicable law and competent court
a. Dutch law applies to the legal relationship between us and the customer.
b. All disputes arising from the legal relationship between us and the customer will be submitted to the court in Utrecht.