GENERAL TERMS AND CONDITIONS OF SALE OF IMHOFF TECHNICAL SAILING WEAR BV IN WETERINGBRUG
These terms and conditions always apply to the sale and delivery of all products we supply and the parts thereof, and are deemed to be part of the purchase agreement.
2. TO ESTABLISH
a. All offers are entirely without obligation. Insofar as the law does not stipulate otherwise by law, we are not responsible for the accuracy of images and technical data in our price lists.
b. A purchase agreement between On Deck BV and its customer is only established by On Deck BV's acceptance of the order, within eight days after receipt of that order. The same applies to any additions and / or changes to the order.
c. If we have received no objection to this within eight days of receipt of our order confirmation, this shall in all respects be deemed to have been approved by the buyer.
a. The prices mentioned in our offers and / or order confirmations are without obligation.
b. If the cost prices, import or export rights or other rights or taxes, such as are known to us on the day of offer or order confirmation, are subsequently changed, either under contract or by virtue of a statutory provision - even if this is already effected under the offer or order confirmation provided - then we are entitled to change the prices mentioned in the offer or order confirmation accordingly.
c. The sub 3 paragraph a will apply mutatis mutandis if there is a change in the ratio of the exchange rate of the currency in which we have purchased the goods in relation to the currency in which the goods are or are sold by us.
d. Orders with a net value in excess of € 100.00 net of VAT are free of charge. For packages with a special size or weight, the actual transport costs can be charged. For orders below € 100.00 net excluding VAT we charge € 12.50 excluding VAT small order surcharge.
e. For the delivery of distress signals with a net value above 250.00 net excluding VAT, we charge € 17.50 excluding VAT as a contribution to transport costs. Orders under € 250.00 net ex VAT are not delivered and must be collected in Weteringbrug.
a. The agreed delivery time commences on the day of the order confirmation or - upon delivery on call - on the day of the call.
b. Insofar as the law does not stipulate otherwise by law, exceeding the delivery time, for whatever reason, will not entitle the buyer to compensation.
c. In the event of delay in the execution of the orders caused by war, strike, import or export ban, raw material shortage, shortage of labor, natural disasters, or by any other cause, located outside our fault, we are, unless the law mandatory - law determines whether it is entitled to cancel the contract without judicial intervention, without being obliged to pay any compensation, or to regard the delivery period as extended by a period equal to that during which the above-mentioned causes continue, even if these delaying causes in the offer or the order confirmation could have been foreseen.
d. With the exception of cases that are legally excluded by law, we are entitled to cancel the agreement without judicial intervention, in case our suppliers change their conditions after our order confirmation, as well as if goods which we had intended for delivery, as a result of whatever cause , destroyed or damaged to such an extent that they are no longer suitable for delivery.
5. COMPLAINTS AND WARRANTIES
a. There is no independent guarantee obligation for us. We will, as far as possible, mediate to ensure that the guarantees provided by our suppliers are fulfilled.
b. Unless the law provides otherwise by law, complaints about the delivered goods must be submitted to us within eight days of delivery in writing, with clear statement of reasons and stating the date and number of the relevant invoice.
c. The goods complained about must remain available and viewable to us.
d. Complaints do not entitle the buyer to suspend the payments. Settlement is excluded.
a. The return of goods is only possible after permission from our sales office.
b. Returned goods are only accepted if they are undamaged, in the original packaging and are suitable for resale.
c. We can not return items that have been ordered especially for you or that we do not keep in stock as standard.
d. We reserve the right to charge 15% of the invoice value as handling costs for returned goods
a. Payment of the invoice issued by On Deck BV must take place - without settlement or compensation - within the period stated on the invoice at On Deck BV's office or by transfer to a bank account specified by On Deck BV.
b. In case the buyer does not pay the amount due within the aforementioned term, On Deck BV can claim the contractual default interest of 1% per month, part of a month for a whole.
c. In case of non (timely) payment of the due and furthermore in case of suspension of payments or bankruptcy of the buyer, On Deck BV can dissolve the agreement without notice of default wholly or partially extrajudicially.
d. In case On Deck BV is forced by the buyer to invoke legal assistance in connection with a dispute that relates to an agreement concluded between them, the buyer - in case he is wholly or partly in the wrong by the judge - to pay the costs associated with the legal assistance, which costs amount to 15% of the amount owed, with a minimum of € 250.00 excluding VAT, plus the actual disbursements.
e. In case On Deck BV has concluded several (separate) purchase agreements with a buyer, it has the right to suspend all due deliveries until the moment the buyer has fulfilled all his (financial) obligations towards On Deck BV (integral). In this connection each delivery is considered to be a separate agreement.
f. The ownership of the product is transferred to the buyer only when the latter has fulfilled all his (financial) obligations towards On Deck BV (integral).
a. The formation, validity, interpretation and / or execution of an agreement will be assessed under Dutch law.
b. Insofar as the law does not stipulate otherwise by law, all disputes that arise between us and the buyer, subject to appeal, shall be submitted to the judgment of the absolute competent judge in Amsterdam (unless the customer within one month after On Deck bv has invoked this article, still opts for trial before the judge competent according to the law).
Our General Terms and Conditions have been filed with the Chamber of Commerce.
Weteringbrug, 1 January 2016