These general terms and conditions apply to all our offers, announcements, acceptances and agreements, unless and insofar as we declare otherwise in writing. In any case, they prevail over any deviating purchase conditions of the buyer, unless deviating agreed provisions are stated in writing with our order confirmation. In that case, all other provisions, as stated below, will remain valid without change. If one or more provisions of these terms and conditions should be or come into conflict with regulations established or to be established by any competent authority, the latter will be deemed to have superseded such provision. This does not affect the validity of the other conditions.
All our offers, quotations, delivery times, etc. are entirely without obligation. This also applies to our announcements regarding technical features, etc. of our products. The buyer can never derive the right from this to have an agreement with us terminated, or to refuse to purchase goods or to suspend its payment obligations. In the case of an offer for delivery from stock, the condition is: "if unsold".
Orders become binding agreements for us only after written confirmation of our acceptance of the order.
All our prices are exclusive of VAT. and without obligation until the date of delivery and are based on factory prices, exchange rates, freight rates, handling costs, insurance premiums and import duties, on the basis of which we calculated on the date of our offer. We are entitled to pass on any changes in the above factors that take place between the date of our offer and the date of delivery.
The delivery times stated in our order confirmation have been determined by us as accurately as possible, based on normal circumstances. Causes beyond our control can lead to delayed or early delivery. The buyer cannot derive the right to terminate the agreement from this. We do not bear any liability for any damage whatsoever that may arise as a result of any late or premature delivery or non-delivery. The buyer also indemnifies us against claims from third parties in connection therewith.
Delivery takes place at the time of availability. Upon delivery ex-shore or ex-warehouse in the Netherlands, import duties and all other costs to ex-shore or ex-warehouse are included in our prices. In this case, all further costs of transport are for the account of the buyer, who also bears the transport risk, from the place of delivery. In the case of delivery free domicile, the condition “unloaded” always applies. In the case of free delivery, the transport risk to the specified destination is covered by us. If no special means of transport has been specified by the buyer for transport, the buyer is deemed to agree with our choice of means of transport. Should it appear after confirmation of the order that our factories and/or suppliers suddenly suspend delivery for a considerable period of time for whatever reason, then we have the right to cancel orders from our buyers without any obligation to pay compensation and/or compensation. When the buyer has goods collected from our warehouse, he must collect the goods within 7 days after they have been made available. In the absence of acceptance, the risk also passes to the buyer, whereby we are authorized to store his costs, possibly elsewhere. If the buyer refuses to take delivery of the goods, we have the right to declare the agreement dissolved without judicial intervention and without notice of default, without prejudice to our right to full compensation. At all times we have the right to require the buyer to provide security for the fulfillment of his obligations, while we are entitled to suspend delivery as long as security has not been provided. We are also entitled to suspend delivery if the buyer is still has not fulfilled its payment obligations as a result of deliveries already made.
In the event of force majeure on our part, the performance of the agreement will be suspended for as long as the force majeure situation makes performance impossible for us, without prejudice to the right to dissolve the agreement without judicial intervention, in which case the buyer is obliged to pay compensation for the work already performed. . In this context, force majeure is understood to mean, among other things: war, danger of war and riots, restrictive measures taken by domestic and foreign governments, fire, strikes, machine damage, lack of personnel, blockage of transport, lack of means of transport or raw materials, flooding, lockouts, sabotage and in the generally all unforeseen circumstances, both at home and abroad, as a result of which, after delivery of the agreement, we can no longer reasonably be expected. Force majeure is also present if, for whatever cause or reason, the supplier from whom we have ordered the goods sold or the raw materials required for them has not delivered them to us or has not delivered them on time, or for whatever reason the relevant agreement canceled without our will.
Transport damage to the delivered goods with free domicile delivery must be reported to us on the day of receipt or at the latest on the next working day. If the buyer or the recipient cannot immediately arrive at a correct assessment of the damage, a provisional statement of the damage must also be provided to us within the same period: the exact specification must then follow within 8 days.
Packaging included in the sales price will not be taken back. Packaging will be in the normal packaging used by the seller. Deviating packaging and/or brands are at the buyer's expense.
We are not liable for any damage in any form whatsoever, either direct or indirect, which could be the result of the use or unsuitability of the goods supplied by us. The buyer is obliged to indemnify us against claims that third parties believe they have as a result of damage caused by any goods delivered by us to the buyer and furthermore against similar claims from third parties in respect of damage related to goods that we have delivered in connection with the performance of a contract. agreement between us. Neither we nor the manufacturers or suppliers whose products are supplied by us are liable for constructions or calculations of constructions of or relating to the installations in which the supplied products are used or built in, nor for damage to these products or to the concerning installations, which arise due to improper application or installation by the customer or by third parties. Any advice we give is based on our best knowledge, experience and insights. However, they are provided without obligation and no claims for damages can be based on them. Any liability or claim based on advice given by or on behalf of us or one of our employees is hereby excluded between the parties.
Warranties only apply if they have been expressly confirmed in writing by us with the order confirmation. Our guarantee, if given, does not go beyond replacing that which is defective. Expressed in money, it amounts to a maximum of the invoice value of the delivered goods, insofar as they are defective. If it concerns a manufacturer's warranty, this applies unchanged to the buyer, with us as intermediary. We deliver goods insofar as we obtain them from third parties according to factory data, about which no complaints are possible as such. Buyers are deemed to be familiar with this factory data. The buyer indemnifies us against all warranty claims from third parties with regard to goods delivered to him. The buyer undertakes to make our warranty known to his customers.
Complaints regarding the condition of the goods delivered by us must be submitted to us in writing within 14 days after delivery, failing which the buyer is deemed to have accepted the goods delivered. Complaints against an invoice are only of value if they are submitted in writing within 5 days of receipt of the invoice. They do not entitle the buyer to suspend payments. Compensation and set-off is expressly excluded. Complaints regarding any hidden defects in the delivered goods are only of value if they are submitted in writing within 6 months after delivery, unless a longer warranty period has been agreed.
Unless otherwise agreed, our condition applies: “Payment 30 days after the invoice date, without discount, by transfer to our bank or giro account”, if the term is exceeded the buyer will be in default towards us by operation of law, in which case we are entitled are to declare the agreement in question dissolved, without prejudice to our other rights. If this payment term is exceeded or if the deviatingly agreed payment term is exceeded, the buyer will owe us interest of 1% per month or part of a month on the entire invoice amount from the day following the day on which payment should have been made. If we are in default of payment or timely payment for collection cq. legal action, all costs of this collection or. legal measures, including those of legal assistance, at the expense of the buyer who is deemed to agree that the extrajudicial collection costs are set at 15% of the amount to be collected with a minimum of € 90.76, all this without prior summons, etc. is required.
All delivered and yet to be delivered goods remain our exclusive property until all claims that we have or will acquire against the buyer, for whatever reason, have been paid in full. As long as the ownership of the goods has not passed to the buyer, the latter may not sell, pledge, transfer ownership of the goods as security to third parties and grant any other right, except within the normal course of its business. The buyer is obliged to keep the goods delivered under retention of title with due care and as our recognizable property, insofar as they have not been processed or sold within the normal course of his business. If the buyer fails to fulfill his payment obligations or has payment difficulties, we are entitled to take back the goods that have been delivered under retention of title and are still with the buyer.
Dutch law applies to all our agreements.
These terms and conditions have been filed with the Chamber of Commerce in the Netherlands under number 08174024.
Techniparts B.V. Technische Handelsonderneming, Rondweg 26, 8091XB Wezep
Tel.038-4601232 / Fax 038-4604713 www.sealingtechnologies.eu Chamber of Commerce 08174024
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