TERMS AND CONDITIONS of Voetmanschap with its registered
office and principal place of business at: Blankenburg 1 5463 PH Veghel, the Netherlands
Article 1. Applicability
1. These general sales, delivery and payment conditions apply to every offer
and every agreement between Voetmanschap, hereinafter referred to as the user,
and a buyer or client, hereinafter referred to as the buyer, to which the user
has declared these conditions applicable, insofar as these terms and conditions
has not been expressly deviated from by the parties in writing.
2. The present terms and conditions also apply to all agreements with the user,
for the implementation of which third parties must be involved.
Article 2. Quotations
1. Quotations from the user are without obligation and expire no later than 30
days after the quotation date. Changes to quotations and offers discussed
verbally or by telephone only become valid if they have been confirmed by us in
writing. If the order is not specifically confirmed, the invoice will serve as
order confirmation. Obvious mistakes and/or errors in offers, invoices,
correspondence or quotations may be corrected by us in the interim.
2. Contrary to the provisions of Article 6:225, paragraph 2 of the Dutch Civil
Code, the user is not bound by any deviations from the user's quotation in the
acceptance by the potential buyer.
3. Delivery times stated in the user's quotations and other terms stated for
services to be performed by the user are global and for information purposes
only; exceeding this limit does not entitle the potential buyer to compensation
or dissolution.
4. Prices quoted by the user are, unless stated otherwise, based on performance
during normal working hours, in euros and exclusive of VAT and other government
levies.
5. The prices applicable on the day of delivery are valid. This also applies to
partial deliveries.
6. In the event of a composite quotation, there is no obligation for us to deliver
part of the goods included in the offer at a corresponding part of the stated
price, nor does our offer automatically apply to repeat orders.
7. The User is only bound by its offer if its acceptance is confirmed in
writing.
Article 3. Deliveries
1. Unless otherwise agreed, delivery takes place from the warehouse in Arnhem
or directly from the manufacturer.
2. The buyer is obliged to take delivery of the purchased goods at the time
they are delivered to him or at the time they are made available to him in
accordance with the agreement.
3. If the buyer refuses to take delivery or is negligent in providing
information or instructions necessary for the delivery, the goods will be
stored at the buyer's risk and expense. In that case, the buyer will owe all
additional costs, including waiting times, storage and transport costs.
Article 4. Delivery by third
party supplier
1. User is authorized to use third party suppliers to be designated by user.
The user will exercise due care when choosing the third-party supplier.
2. The third-party supplier delivers the products to be paid for via the user
directly to the buyer. In some cases, the buyer can order the products of the
third-party supplier directly from the user. In the case of direct deliveries, payment
by the user will continue to be made.
3. User is not liable for shortcomings and/or defective deliveries by the third
party supplier. The user will assist the buyer as much as possible in
submitting any claims for damages that the buyer may have against the
third-party supplier in the event of shortcomings and/or defective deliveries
by the third-party supplier.
Article 5. Part deliveries
The user is allowed to deliver sold goods in parts. If the goods are delivered
in parts, the user is authorized to invoice each part separately.
Article 6. Delivery time
1. Delivery times specified by the user are always approximate and are never
strict deadlines.
2. In the event of late delivery, the buyer must therefore give the user
written notice of default and set the user a reasonable term to still fulfill
its obligations.
3. The delivery time specified by the user only commences after all necessary
information is in its possession.
Article 7. Samples, models and
examples
If a model, sample or example has been shown or provided by the user, this will
only be shown or provided by way of indication: the qualities of the goods to
be delivered may deviate from the sample, model or example, unless it was
expressly stated that delivery would be in accordance with the sample, model or
sample shown or provided.
Article 8. Dissolution of the agreement
Agreement between user and buyer can be immediately dissolved in the following
cases:
– if, after the agreement has been concluded, the user becomes aware of
circumstances that give the user good grounds to fear that the buyer will not
fulfill its obligations;
– if the user has asked the buyer to provide security for compliance when
concluding the agreement and this security is not forthcoming or is
insufficient despite a summons. In the aforementioned cases, the user is
authorized to suspend the further execution of the agreement or to proceed to
dissolve the agreement, without prejudice to the user's right to claim
compensation.
– In the event of (the occurrence of) payment arrears.
Article 9. Warranty
In the event of defects or product deviations, we will only be liable to repair
or replace those affected parts of the product that have arisen as a result of
defective design or poor workmanship. The warranty does not cover damage
resulting from normal wear and tear and overload, misapplication or use,
neglect of maintenance, and failure to follow the operating instructions. Our
warranty expires if the delivered goods have been changed by a third party.
Article 10. Defects; complaint terms
If visible defects or shortcomings are found, the buyer must report these to
the user in writing within 3 days after delivery. Even if the other party makes
a timely complaint, its obligation to pay and accept orders that have been
placed will continue to exist. Goods can only be returned to the user after
prior written permission.
Article 11. Retention of title
All goods delivered by the user remain the property of the user until the buyer
has fulfilled all obligations under all purchase agreements concluded with the
user. The buyer is not authorized to pledge or otherwise encumber the goods
subject to retention of title. If third parties seize the goods delivered
subject to retention of title or wish to establish or assert rights thereon,
the buyer is obliged to inform the user of this as soon as may reasonably be
expected. The buyer undertakes to insure and keep insured the goods delivered
subject to retention of title against fire, explosion and water damage as well
as against theft and to make the policy of this insurance available for inspection
on first request.
Article 12. Price/Price increase
1. Unless expressly stated otherwise, the prices quoted by us are in Euros,
exclusive of VAT, ex warehouse.
2. If the user agrees a certain price with the buyer, the user is nevertheless
entitled to increase the price if the user can demonstrate that significant
price changes have taken place between the time of offer and delivery with
regard to raw materials, currency and/or wages or otherwise. unforeseen
circumstances.
3. If the price increase is more than 10%, the buyer has the right to dissolve
the agreement.
Article 13. Payment
1. Payment must be made within 14 days of the invoice date in a manner to be
indicated by the user.
2. After the expiry of 14 days after the invoice date, the buyer is legally in
default; From the moment of default, the buyer owes the legally determined
interest on the amount due, plus €3.50 reminder costs.
3. After the expiry of the reminder period of 14 days invoicing + 14 days
reminder period, the buyer is legally in default; From the moment of default on
the amount due, the buyer owes the legally determined interest plus all costs
incurred to collect the payment, including the costs of a collection agency or
any legal costs.
4. In the event of liquidation, bankruptcy or suspension of payment of the
buyer, the claims of the user and the obligations of the buyer towards the user
will be immediately due and payable.
5. Payment must be made without discount or settlement.
6. Incoming payments will first be settled with the remaining obligations.
Payments made by the buyer always serve firstly to settle all interest and
costs owed, and secondly to settle the longest outstanding invoices due, even
if the buyer states that the payment relates to a later invoice.
7. For an amount of EUR 250 or higher, we request an advance on the final
invoice amount, namely;
1000,- Euro to 1500,- Euro: 20%
1500,- Euro to 2000,- Euro: 40%
2000,- Euro to 2500,- Euro: 60%
2500,- Euro and higher: 80%
Article 14. Collection costs
1. If the buyer is in default or fails to fulfill one or more of its
obligations, all judicial and extrajudicial costs incurred in obtaining payment
shall be borne by the buyer.
2. If user proves higher costs, which were reasonably necessary, are also
eligible for reimbursement.
Article 15. Dispute
Resolution The court or subdistrict court in Arnhem has exclusive jurisdiction
to hear disputes. Nevertheless, the user has the right to sue the other party
before the competent court according to the law.
Article 16. Applicable law
Dutch law applies to every agreement between the user and the buyer. The Vienna
Sales Convention is expressly excluded.
Article 17. Amendment and location of the terms and conditions
These terms and conditions have been filed at the offices of the Chamber of
Commerce in Arnhem. The most recently filed version or the version that applied
at the time of the conclusion of the present transaction is always applicable.