Delivery Information Ocazu
All offers in whatever form are without obligation; the supplier shall only be bound after it has definitively accepted or confirmed in writing an order or a sale, respectively; any prior arrangements or consignments not accepted by it in writing shall lapse.
The sales price is based on the ex warehouse prices existing at the time of confirmation. The selling price is based on the prices, exchange rates, wages, taxes, duties, charges, freight etc. existing at the time of confirmation. In the event of an increase in the aforementioned, the supplier shall be entitled to change the agreed prices accordingly, even if the increase is the result of circumstances that could already have been foreseen at the time of the offer or acceptance or confirmation, all this with due observance of the relevant statutory regulations. For deliveries under a total amount of € 1,000 per order, any other costs, including handling costs, shall be charged in addition to shipping costs.
Any assembly or installation work is already at the buyer's expense.
The indication of delivery times in offers, confirmations and/or contracts are made to the best of our knowledge and will be observed as much as possible, but they are not binding. Exceeding this period, for whatever reason, will never entitle the buyer to compensation, dissolution of the agreement or non-compliance with any obligation, which may arise for him from the agreement concerned or from any other agreement related to this agreement. In case of excessive exceeding of the delivery time, however at the discretion of the supplier, the supplier will enter into further consultation with the buyer.
Without prejudice to the provisions in article 8, complaints about immediately perceptible defects must be submitted by the buyer within 10 days after delivery, c.q. performance of services, in the absence of which the right to complain will expire on that account.
a. All payments must be made upon delivery, or for goods destined to be delivered by the supplier in an operational condition, after the operational condition has been fulfilled, or for services after the completion of the services.
b. All payments must be made without deduction or setoff at the office of the supplier or into a bank or postal account to be designated by the supplier.
c. If the buyer fails to pay within the agreed term(s), the buyer will be deemed to be in default by operation of law and the supplier will be entitled, without any
the supplier will be entitled to charge the buyer the statutory interest per month from the due date on the entire amount owed, without prejudice to the supplier's other rights, including the right to recover from the buyer all costs incurred in connection with the claim, both judicial and extrajudicial collection costs, the latter amounting to at least 10% of the amount to be collected with a minimum of € 50.
d. No payment can be postponed, not even if the customer believes he has a right to complain. If, after arrival of the goods, the assembly is postponed or delayed due to any other cause or negligence on the part of the supplier, the serviceable assembly will be deemed to have taken place at the latest two months after delivery.
7. Transfer of ownership
Until the buyer has paid the supplier in full, the supplier will retain ownership of all goods delivered by the supplier, as security for payment of all that is due to him, without exception; Consequently, the buyer may not alienate, pawn, pledge or mortgage the goods delivered to him, or rent them out, lend them or run his business in any way or under any title whatsoever, unless he runs a business as a reseller, whereby the purpose is to sell the goods delivered, in which case he is entitled to such sales; in the event of an infringement of the provisions here, article 11 applies.
Regardless of what has been agreed between the supplier and the buyer regarding costs of transport and insurance, goods remain at the risk of the supplier until the moment they have passed into the actual power of disposition of the buyer or of third parties engaged by the buyer.
Barring the warranty obligation described in Article 10, the supplier is not liable for damage from whatever cause incurred by the buyer or third parties in connection with goods or services delivered by the supplier, unless the damage is caused by intent or gross negligence on the part of the supplier personally. Intentional acts or gross negligence on the part of personnel and third parties engaged by the supplier do not therefore result in liability. The buyer indemnifies the supplier against claims from third parties for damages occurring in connection with goods and/or services provided by the supplier to the buyer. The supplier reserves the right to deliver goods in a modified construction and execution, without the obligation to modify previously delivered goods accordingly.
With due observance of the provisions set out elsewhere in these terms and conditions, the supplier guarantees both the soundness of the goods delivered by him and the quality of the materials and/or goods and services delivered and used by him, but only to the extent that the supplier is able to guarantee the quality of the goods and/or services.
However, exclusively in the sense that all defects to the delivered goods of which the buyer proves that they have arisen within the agreed term, exclusively or predominantly as a direct consequence of the designed construction, faulty finishing or use of bad material, will be repaired, replaced or re-executed by the supplier free of charge if the defect has arisen within 6 months after delivery of the goods, completion of the services performed, or, if the goods are to be put into operation by the supplier, after the goods have been put into operation in compliance with article 6d. The supplier's guarantee obligation will lapse if the buyer itself makes changes or repairs to the delivered goods or has them made by third parties or if the delivered goods are used for purposes other than normal business purposes or are otherwise treated or maintained incorrectly in the supplier's opinion. If the Supplier provides new equipment, parts and services in performance of its guarantee obligation, all provisions of these Terms and Conditions shall apply to this equipment, parts and services. Non-compliance with that which has been agreed and furthermore non-compliance by the buyer with its obligations shall release the supplier from its obligations as referred to in this article as well as from all other obligations. Fulfilment of his guarantee obligations as supplier applies as the only and complete compensation. The buyer is not entitled to any other claim for compensation of any kind or to a claim for dissolution of the agreement.
In case the buyer does not, not adequately or timely meet any obligation which may arise for him from this or any other agreement entered into with the supplier, as well as in case of bankruptcy, suspension of payment,
the buyer's company, he will be deemed to be in default by operation of law and the supplier will be entitled, without any notice of default or legal intervention being required, to suspend the execution of the agreement or to dissolve all or part of the agreement, at his discretion, without being obliged to pay any compensation or provide any guarantee, yet without prejudice to his rights. In these cases, any claim which the supplier has or will have against the buyer shall become immediately due and payable.
All disputes, including disputes that are only considered as such by one party, which may arise between the supplier and the buyer as a result of an agreement entered into by the supplier with the buyer, or further decisions by the president of the board of directors of the supplier, are excluded.
All disputes, including those which are only considered as such by one party, which may arise between the supplier and the buyer as a result of an agreement concluded by the supplier with the buyer or further decisions of the president of the District Court, sitting in summary proceedings, at the discretion of the supplier, will either be submitted to the judgement of an ordinary court in the place of establishment or the district of the supplier, or to the judgement of an arbitrator. The arbitrator will be appointed by the Chamber of Commerce and Industry in Leiden and will rule in accordance with the Arbitration Regulations. If the buyer considers a dispute to exist and wishes to bring this before the court, he must inform the supplier of this in writing and with a description of the dispute. In which case the supplier must inform the buyer in writing of its choice within 14 days, failing which the buyer will be entitled to make the choice.
13. Applicable law
Dutch law shall apply to the agreements to be concluded by the supplier applying these terms and conditions.