General terms and conditions
Article 1 Definitions
Supplier: the user of these general terms and conditions.
Customer: the natural person or legal entity, acting in the exercise of a profession or business, or his legal successor(s), who concludes an agreement with the supplier.
Products: goods delivered by the supplier to the customer.
Agreement: the agreement to deliver products by the supplier to the buyer.
These general terms and conditions form part of the agreement.
Article 2 General provisions
2.1. The customer has taken note of the contents of these general terms and conditions and accepts their applicability to the agreement.
2.2. These general terms and conditions apply to the agreement, as well as to all legal acts that precede it and all agreements subsequently concluded between the supplier and the customer.
2.3. If the customer also wishes to declare its general terms and conditions applicable, this applicability is expressly rejected, except in the case of explicit written consent from the supplier.
2.4. These general terms and conditions can be changed unilaterally by the supplier.
Article 3 Conclusion of the agreement
3.1. The agreement is concluded because:
- The quotation provided by the supplier to the buyer has been returned to the supplier unchanged, either in writing and signed, or by e-mail. After receiving the quotation, the supplier will send the customer an order confirmation by e-mail or in writing within a reasonable period of time or;
- The customer has indicated orally or in writing which products he wishes to purchase or purchase and the supplier has expressly accepted this offer to supply products or services by handing over or sending an order confirmation and/or invoice by e-mail or in writing to the customer.
3.2. An offer from the supplier is made without obligation. The supplier has the right to withdraw from the agreement within 48 hours of receipt of acceptance. 3.3. Offers are valid while supplies last.
3.4. The customer guarantees the accuracy of the address and contact details he provides and undertakes to report changes without delay.
Article 4 Price
4.1. Unless otherwise agreed, the prices quoted by the supplier are exclusive of sales tax, transport and other National and/or European levies.
4.2. Prices apply ex warehouse of supplier.
4.3. Price quotations are always made on the basis of the prices applicable at the time the agreement was concluded. The supplier is entitled to change the price unilaterally, in which case the customer is entitled to terminate the agreement. None of them
In such a case, both parties can claim any compensation. Any part that has already been manufactured will then be delivered at the original price.
Article 5 Episode
5.1. At the request of the customer, the supplier can deliver or have the ordered products delivered at an additional cost.
5.2. The delivery period stated by the supplier is indicative and is not a strict deadline. Deviation within reasonable limits is permitted, without this providing grounds for compensation and/or termination of the agreement.
5.3. The supplier reserves the right to deliver and invoice ordered items in partial shipments.
5.4. The customer bears the risk of the goods from the moment they are delivered to the place specified by him.
5.5. If the customer is in default in taking receipt of the purchased goods, the supplier is entitled to terminate the agreement without further notice of default and to recover the damage suffered by it from the customer.
Article 6 Transport
6.1. Unless otherwise agreed in writing, the method of transport, shipping, packaging, etc. is determined by the supplier.
Article 7 Retention of title
7.1. All products supplied by the supplier on the basis of a purchase agreement remain the property of the supplier until the customer has settled all claims from the supplier
the customer has paid in full.
7.2. If one or more overdue invoices are not paid on time, the supplier has the right to immediately take possession of the delivered products and dispose of them at its own discretion. To this end, the supplier is hereby irrevocably authorized by the buyer to enter the plots where the delivered products are located or to have those charged with retrieving the products enter them.
Article 8 Payment
8.1. Payment is made by deposit or transfer to a bank or giro account to be designated by the supplier or, if agreed, by direct debit or cash.
8.2. Unless otherwise stated in the agreement, payment must be made within 14 days of delivery.
8.3. After the expiry of the period referred to in art. 8.2, the customer is legally in default.
8.4. If the customer is in default towards the supplier, the customer is obliged:
8.5. a) to fully reimburse the supplier for the extrajudicial and actual judicial costs incurred.
The extrajudicial costs to be reimbursed by the customer amount to at least 15% of the unpaid amount with a minimum of € 100 (excluding VAT) per unpaid invoice.
b) to pay contractual default interest to the supplier at the statutory commercial interest rate, plus 5%.
8.6. Every payment by or on behalf of the customer serves in the first place to settle any costs, damages and interest owed and subsequently to discharge
the oldest outstanding claim.
8.7. The customer can never rely on settlement.
Article 9 Liability
9.1. The total liability of the supplier due to attributable shortcomings in the fulfillment of the agreement is limited to compensation for direct damage up to a maximum of the amount of the price agreed for the agreement (excluding VAT). If there is an agreement between the supplier and the buyer that extends to the delivery of different batches of goods during a certain period, such as annual contracts, the aforementioned compensation is limited to a maximum of the amount of the batch to be delivered or part thereof to be delivered.
9.2. Liability of the supplier for indirect damage, including consequential damage, lost profits, lost savings and damage due to business stagnation and the impossibility of delivery as a result of force majeure is excluded, except where there is gross negligence or intent on the part of the supplier, intent and gross negligence on the part of the supplier's employees or third parties engaged by the supplier.
not included.
9.3. The customer indemnifies the supplier against all claims from third parties for compensation for any damage suffered by these third parties, caused by or related to
goods supplied by the supplier.
Article 10 Complaints
10.1. Any complaints regarding a product supplied by the supplier must be immediately communicated by the customer to the supplier in writing, stating reasons, no later than within 24 hours of delivery in writing or by e-mail. If this period is exceeded, the right to complain expires.
10.2. After the above-mentioned period has expired, the supplier is deemed to have correctly fulfilled its obligations and the customer is assumed to have received the goods in good order, unless the customer proves otherwise. Complaints never give the customer the right to suspend payments.
10.3. With regard to the specifications given in the agreement, the following deviations are permissible, both downwards and upwards. To assess whether these deviations have been exceeded, the average of the total quantity delivered for one type, quality, color and design will serve as a benchmark. For properties other than those for which the permissible deviations are stated below, the deviations permitted in the previous delivery will be permissible and, in the absence thereof, the usual deviations.
The allowable deviations from the agreed quantity are:
<500kg 25%
500-1000kg 20%
1000-2500kg 15%
2500> 10%
If the supplier prescribes a minimum or maximum quantity, the deviation percentages mentioned above will be doubled. The allowable deviation for the length and width format is 3% up and down. The allowable deviation for the thickness format is 10% up and down.
10.4. Minor deviations of the products compared to each other or compared to samples shown or compared to specifications or models provided by the customer or not, e.g. in size, color, quantity, structure and/or shape, cannot constitute grounds for a complaint and can never be a reason for the customer to cancel the order in whole or in part, or to refuse full or partial payment, or to claim compensation.
10.5. Without prejudice to the foregoing, the customer cannot rely on the above-mentioned advertising provisions: if the errors are wholly or partly the result of incorrect, careless or incompetent use or storage; if the errors occurred as a result of lightning strike, fire or water damage, or other external causes or disasters; if the customer has neglected the goods; if the customer has otherwise treated the goods negligently, or has treated them in such a way that, according to common opinion, the risk should be borne by the customer.
10.6. If a complaint made by the customer in accordance with the first paragraph of this article is honored by the supplier, the supplier will repair the damage free of charge.
the identified defect will be remedied without the customer being able to claim any compensation from the supplier or being entitled to suspend his payment obligation to the supplier.
Article 11 Returns
11.1. The supplier will only accept returned goods if and insofar as it has agreed to this return in advance in writing, by fax or by e-mail, and then only when these goods are delivered to the address to be specified by the supplier.
11.2. If the value of the goods has decreased in the period between the purchase of the goods and the return of the goods, the purchase price will be refunded to the economic value of the goods prevailing at the time the goods are returned by the supplier.
11.3. Excluded from return and refund of the purchase price are: customized products, including products that, at the request of the customer, are provided with specific logos and other customization that has been specially manufactured for the customer and for that reason or any other reason it is difficult for the supplier to take them back.
Article 12 Dissolution/Termination
12.1. The customer is deemed to be in default if:
the customer fails to fulfill any obligation under the agreement or fails to do so on time;
the supplier has good grounds to fear that the customer will fail to comply and does not comply with a written reminder to declare that it is prepared to fulfill its obligations within a reasonable period specified in the reminder;
the customer applies for his own bankruptcy or is declared bankrupt;
the customer is granted a suspension of payment;
seizure is made of all or part of the customer's assets and this is not lifted within 10 days after seizure;
if the customer decides to discontinue or transfer his company or a significant part thereof, including the contribution of his company to a company to be established or already existing, or decides to change the objective of his company or to dissolve;
in the event of the death of the customer, if he is a natural person. In the event of default by the customer, the supplier is entitled, without any obligation to pay damages and without prejudice to its rights, to declare the agreement dissolved in whole or in part by sending a written notice to the customer to that effect;
12.2. If the agreement is terminated or dissolved in any way, the provisions regarding dissolution/termination, applicable law and disputes remain unchanged.
fully applicable.
Article 13 Export Control
13.1. The buyer undertakes to comply with all export-related laws and regulations, including express legislation
of the European Union.
Article 14 Disputes and applicable law.
14.1. All disputes regarding the agreement concluded by the parties, as well as these general terms and conditions, are exclusively governed by Dutch law.
14.2. If a dispute should arise, the dispute will be submitted to the competent court located in the district of the supplier's registered office.
are presented.
14.3. A dispute is deemed to exist if one of the parties informs the other party of this in a registered letter.
GENERAL SALES AND DELIVERY CONDITIONS KLEINKANTOOR.NL