Terms of Delivery


GENERAL CONDITIONS FOR SUPPLY OF:

Specialist workshop van Marrewijk & Zn. registered offices in Boskoop, hereinafter referred to as user

ART. 1. DEFINITIONS
1. In these general conditions shall apply:
user: the user of the general conditions;
Buyer: consumer or a client acting in the course of a business or profession;
Also apply the general terms of Bovag Nederland.nl.

ART. 2. APPLICATION OF THESE CONDITIONS
1. These conditions apply to every offer and every agreement between user and a prospective buyer which user terms and conditions stated, if these conditions are not parties expressly and in writing.
2. These conditions also apply to all agreements with user, for which third parties should be involved.

ART. 3. OFFERS
1. Bids from users are free and expire no later than 14 days after the date of the tender.
2. Notwithstanding the provisions of Art. Paragraph 2 Civil Code 6:225 user is not bound by the acceptance by the buyer abnormalities user quote.
3. In tenders for user specified delivery times and other user services to be provided and time limits are generally only informative, encroachment, the buyer is not entitled to compensation or cancellation.
4. A User-specified prices, unless otherwise indicated, based on the performance of normal working hours and include transportation, packaging, delivery and installation charges, VAT and other government levies.
5. In a composite quotation is no obligation on us to deliver a portion of the products included in the offer at a corresponding portion of the price, nor does our offer automatically reorders.
6. User is only bound to its offer if the acceptance by the prospective buyer in writing within 30 days is confirmed. In a quotation prices are exclusive of VAT unless otherwise stated. (See also: Art. 2 paragraph 1)

ART. 4. SUPPLY
1. Unless otherwise agreed, delivery ex-Warehouse. When there is a supply condition from supplier agreed, at the time of conclusion of the contract conditions apply.
2. The buyer is obliged to take the products purchased at the time they are delivered to him or at the time, according to the agreement made available to him.
3. If the buyer refuses or fails to provide information or instructions necessary for the delivery, the products are stored at the risk of the buyer. The buyer will then pay all additional costs including storage costs in any case, are due.

ART. 5. DELIVERY
1. User-specified delivery times are always approximate and shall never be deadlines.
2. Event of late delivery, the buyer user a written notice of default and user a reasonable time to fulfill its obligations still to come.
3. The user-specified delivery period starts only after all necessary information in its possession.
4. The user-supplied goods are 8 days on sight. Within this period you are entitled to a refund of the purchase price less any shipping costs, provided that the products sold are not damaged him or not for resale. Electrical and electronic products are not returnable.

ART. 6. PART DELIVERIES
The user is allowed to supply products sold in parts .. This does not apply if a partial delivery has no independent value. If the products are delivered in parts, each user is responsible in part separately.

ART. 7. TECHNICAL REQUIREMENTS ETC.
1. If the Netherlands to deliver products outside the Netherlands should use the user is not responsible for the products required to meet the technical requirements, standards and / or regulations imposed by laws or regulations of the country where the products should be used. This does not apply if, at the conclusion of the contract of use abroad mention is made on submission of all data and specifications.
2. All other technical requirements set by the buyer to deliver the products and which deviate from the standard requirements, shall at the conclusion of the contract by the buyer explicitly reported.

ART. 8. SAMPLES, MODELS AND EXAMPLES
If a user model, sample or example shown or supplied is assumed to be shown or given as an indication of the features of products can be delivered from the sample, model or example, unless expressly stated that it would be provided in accordance with the published or submitted sample, model or example.

ART. 9. TERMINATION OF THE AGREEMENT
1. An agreement between the user and a buyer can immediately be dissolved in the following cases:
If after signing the contract to user becomes aware of circumstances that user good reasons to fear that the buyer fails to meet its obligations;
If the user purchaser in concluding the agreement asked to provide security for the performance and surety or is insufficient, despite a reminder.
In those cases the user is authorized to further implement the agreement to suspend or dissolve the agreement to proceed, without prejudice to a user's right to claim damages.
2. If circumstances arise with respect to persons and / or materials that user in the execution of the contract or are usually employed, which are such that the performance of the contract impossible or inconvenient and / or disproportionately expensive that compliance with the agreement no longer reasonably be expected, the user is authorized to terminate the contract.

ART. 10. WARRANTY
1. User warrants that its products delivered free of design, material and workmanship for a period of 3 months after delivery (See also: Art. 10 paragraph 2)
The warranty does not apply to: (See also: Art. 10 paragraph 3)
2. If a product design, material or construction flaw, the buyer is entitled to restoration of the case.
User can choose to replace the product if repair is problematic. The buyer is only entitled to replacement of the product if repair is not possible.
3. The warranty does not apply if the damage resulted from improper handling Be it not correct to follow instructions.
4. Under inappropriate treatment would include: misuse or overloading.
5. If the warranty is a product that is produced by one third the guarantee is limited to the guarantee provided by the respective manufacturer of the product is given.
6. User does not warrant the Auto-Neon and LEDs to the buyer. The manufacturer provides the user with no guarantee it.

ART. 11. RETENTION OF TITLE
1. All products supplied by the user remain the property of the user until the buyer all his obligations under all purchase agreements concluded with user is met.
2. User-supplied products permitted under paragraph 1 under the title, may only in the ordinary course of business are sold and may never be used.
3. The buyer is not entitled under the title falling to pledge or products in any way encumber.
4. Buyer gives unconditional and irrevocable permission to user or to a third order to designate, whenever user wants to exercise its property, to enter all those places where the properties of user will find these products and there along take.
5. If third parties seize goods delivered under retention of title or rights to establish or exercise, the buyer requires the user as soon as reasonably may be expected to know.
6. The buyer undertakes the reserved products delivered to insure and keep insured against fire, explosion and water damage and theft, and the policy of this insurance on first request for inspection.

ART. 12. DEFECTS; CLAIM DEADLINES
1. The buyer is the purchased products upon delivery or as soon thereafter as possible (leave) investigations.
Here the buyer to check the delivered to the agreement, namely:
or the right products are delivered;
whether the delivered products with respect to quantity (for example the amount and number) correspond to the agreement;
whether the delivered products meet the agreed quality or in their absence, the requirements may be set for normal use and / or commercial purposes.
2. If visible defects or shortcomings identified, then dietd the buyer within 3 days after the User shall be reported.
3. No visible defects, the buyer within 3 days after discovery, but within 3 months after delivery to inform user.
4. Even if the other party timely complaint, his obligation to pay and accept the orders made.
5. Products can only with the prior written permission of user are returned.

ART. 13. PRICE / price increase
1. Unless expressly stated otherwise by our quoted prices:
in Dutch currency, excluding VAT, based on minimum quantities used by the user, and excluding transportation cost from the warehouse.
2. If user and buyer on a certain price, user shall nevertheless be entitled to increase the price if user can demonstrate that between the time of offer and delivery significant price changes have taken place with regard to commodities, currencies and / or wages or otherwise non- unforeseen circumstances.
3. If the price more than 10%, the buyer has the right to cancel the agreement.

ART. 14. PAYMENT
1. Payment must be made immediately upon confirmation of the order via Ideal or via bank transfer. Also cash on delivery is possible. The above rates are listed on the verrmelde webste.
2. After the expiry of 8 days after the invoice date, the buyer shall be in default;
the buyer from the moment of in default on the amount due an interest of 1% per month unless the statutory interest rate is higher, in which case the legal interest.
3. In the event of liquidation, receivership or fallisement the buyer's claims of users and the obligations of the buyer against the user immediately payable.
4. Payment must be made without discount or settlement.
5. Payments made by the purchaser shall be applied first to any outstanding interest and costs, and secondly of outstanding invoices for the longest time, even when the buyer indicates that the payment relates to a later invoice.

ART. 15. COLLECTION COSTS
1. If the buyer is in default or fails to fulfill any of its obligations, then all judicial and extrajudicial costs incurred in obtaining payment for the account of buyer. In any case, the purchaser:
the first E 3000.00 15%
on the excess E 6000.00 10%
on the excess E 15000.00 8%
on the excess up to 5% E 60000.00
3% on the excess
2. If user demonstrates that greater costs were incurred, which were reasonably necessary, these are recoverable.

ART. 16. LIABILITY
User is responsible to the buyer only in the following ways:
1. For damages caused by defects in delivered products liability applies only as provided for in Art.10 (Guarantee) of these conditions.
2. User is solely liable if damage is caused by intent or gross negligence of User or its employees;
3. Users liability is limited to the amount of the user's insurer in this case to provide a benefit.
4. If the insurance does not cover any event or not pay out, and the user is liable, the liability of users is limited to the invoice value of the transaction, at least that part which the liability relates.

ART. 17. FORCE MAJEURE
1. Force majeure is in these terms mean, in addition to its definition in the law and jurisprudence, all external causes, foreseen or unforeseen, that user can not influence but which prevents user from its obligations, strikes at the company including user.
2. During force majeure the delivery and other requirements of user suspended. If the period within which force majeure the obligation by user lasts longer than 2 months, both parties are entitled to terminate the agreement without that in this case an obligation to pay compensation.
3. If the user of the occurrence of force majeure already partly fulfilled its obligations, or only partially fulfilled its obligations kan meeting is entitled to the already delivered or deliverable part separately invoice and the buyer is obliged to pay this invoice as if it were an separate contract. This does not already delivered or deliverable part no independent value.

ART. 18. DISPUTE RESOLUTION
The judge in the domicile shall have exclusive jurisdiction to hear gschillen, unless the District has jurisdiction. User shall nevertheless be entitled to sue the other party to the legally competent judge.

ART. 19. APPLICABLE LAW
Every agreement between the user and buyer Dutch law. The Vienna Sales Convention is expressly excluded.