Our offers and shipments are based on these terms and conditions. These conditions are also valid for future offers and shipments. If one or more regulations of these conditions are not legally valid, the other conditions stay in force. Deviant or additional conditions are only of any importance if confirmed by us in writing.
- Offer, order and agreement:
Our offers are subject to change as long as there is no other explicit agreement. The buyer is bound to his order. An agreement happens after written acceptance of the order or in case at failure of it, through the actual execution of the order.
- Price changes:
Our prices are based on the price-determining factors at time of the purchase. In case of changes of one or more factors, we reserve the right to adjust our prices – with the limitation – that if the price adjustment is 10% or more within three months after conclusion, the buyer receives the right to withdraw from the agreement under payment of the former price.
A shipping date is not a deadline as long as there is no other agreement in place. In case of late shipments the buyer has to write us an achievable date for shipping.
As long as there is not any other written agreement in place, shipping takes place from our warehouse (ex works) after payment of the invoices of the related shipments are received.
If we take care of the transport of goods to the buyer completely, we aware obligations against third parties in the interest and risk of the buyer. The costs that arise out of it will be billed to the buyer.
At the time of reception of the goods, the buyer needs to convince himself of the immaculate condition of the product. The copy of the delivery note which has to be signed by the receiver or another applicable form of acknowledgment of receipt applies, if not any other indicated, as prove of the appropriate reception of the product.
Complaints about the quality, amount or other defects, as long as they can be determined in a normal inspection, have to be reported to us in writing immediately and in case of invisible damages within 7 days after reception of the goods. Only at submission and substantiation of the complaint in time, we will change over to return, subsequent delivery to a different solution of the damage. If not any other indicated, delivered goods can differ from the product shown in the description or from the provided samples or examples. We are required by law to fulfill our commitment to achieve the satisfaction of the buyer, even if there are small deviations in the amount, quality and color which happened during the common manufacturing process and the hereby used raw materials and dyes.
Payment has to be in cash, via cash on delivery or via payment in advance. We can decide to approve a payment on account within 30 days after the date of invoice. If the buyer does not comply to his payment obligations we will put interest rates into account in the amount of the statutory rate + 3% on an annual basis over the outstanding amount. All costs combined with obtaining the claim of the buyer including direct debit costs will be charged to the buyer.
We are not liable for business interruptions, consequential damages and other indirect damages. It does not matter through which cause these damages happened and if these happened to persons and/or things through one of our shipped products or if the damage is a consequence of hidden fractions at or within the shipped products.
If we are provably liable, our liability is maximum limited to the invoice amount of the shipped products.
- Reservation of proprietary rights:
As long as the buyer of the products which were shipped succeeding the agreement did not pay yet, we reserve the proprietary right. In case of untimely payment through the buyer we own the right to take the products back without any announcement, message or judicial intervention.
- Governing law:
Dutch law applies to our selling agreements. The competent court is, after our choice, the competent lawyer at the Roermond court of jurisdiction or the lawyer at the buyer’s residence address. International purchases of movable, physical objects and the creation of international purchase agreements concerning the uniform law are excluded from the valid uniform law.
These terms and conditions are deposited at the Venlo Chamber of Commerce under No. 12063684.