HN catalogus 42 DE

GENERAL TERMS AND CONDITIONS OF JAC. VAN ‘T HART NEDERLAND B.V. General : 1.1 These General Terms and Conditions apply to all our offres and/or to the agreements concluded by us with customers, unless otherwise expressly agreed in writing in advance. 2. Offers and prices : 2.1 All our offers are without obligation, unless stated explicitly otherwise. 2.2 Images, drawings, indications of weights and measurements and the like apprearing in catalogues, circulars or otherwise have no binding force for deliveries and only serve to give a general representation of the offered products. 2.3 Our prices are based on the price-determing factors known at the time of the offer such as purchase prices, wages, currency exchange rates and government levies. When one or more of these factors change, we are entitled to adjust our prices, provided that if the price adjustment is 10% or more within three months after conclusion of the agreement, a customer is entitled to terminate the agreement after payment of what has already been performed. 2.4 Unless agreed otherwise, the quoted prices for delivery ex warehous are exclusive of VAT and exclusive of the packaging costs. 3. Delivery and delivery periods : 3.1 The customer is obliged to purchase the bought products at the moment when they are made available to him. 3.2 If the customer refuses purchase of if he fails to give information or instructions necessary for delivery, the products will be stored at his risk and expense. 3.3 An agreed delivery period is no final deadline, unless otherwise expressly agreed. If delivery does not take place in time the customer is obliged to grant us a reasonable term for delivery as yet. 3.4 If the supplier takes care of the transport himself, it will organize this transport as it sees fit. 4. Force majeure : 4.1 During force majeure, our delivery and other obligations are suspended. If the period, in which performance of our obligations is not possible due to force majeure, lasts longer than one month, both parties are entitled to end the agreement by written notice of termination. That which has already been delivered under the agreement will then be charged pro rata without the parties owing each other anything. 4.2 Force majeure within the meaning of this Article is taken to mean circumstances which prevent the performance of the obligiation and which are not attributable to the supplier. These will include strikes, unforeseeable stagnation, government measures, all both, if they occur, at our company and at subcontractors. 5. Compliants : 5.1 Upon delivery, the customer must check as soon as possible whether the products comply with the agreement. 5.2 If visible defects have been found, the customer must notify the supplier thereof in writing within three days after delivery. 5.3 The supplier must be notified of invisible defects within three days after discovery, but no later than three months after delivery in writing. 5.4 After the abovementioned term(s) has/have lapsed, the customer is deemed to have accepted the delivery. 5.5 If the supplier is of the opinion that a complaint is founded, it may choose whether to repair, to compensate or to make a new delivery. 5.6 Complaints as referred to in this Article do not suspend the customer’s obligation to pay. 6. Liability : 6.1 We will only compensate damage arising from, to or as a result of products that we delivered if and in so far the damage has been compensated to us by the subcontractor in question and we have received that compensation, after deduction of costs incurred. 6.2 The supplier is only liable if damage has been caused by wilful misconduct or gross negligence of the supplier or his managing employees. 6.3 The liability of the supplier is limited to the amount of the payment to be made by its insurer in that event. 6.4 If, in any event, the insurance does not offer cover or does not pay out, then our liability is limited to the invoice value of that part of the transaction to which the liability relates. 7. Payment : 7.1 Payment will have to take place without discount or compensation at the time of delivery of the products, unless otherwise agreed in writing. 7.2 The supplier and customer may agree in writing that payment is not immediately due. If no exact time of payment has been agreed upon, then the payment term is one month. 7.3 The customer must pay the owed amount before the expiry of the payment date. 7.4 If the payment term is exceeded, and after a one-time payment reminder at no cost, whereby the customer is given the opportunity to pay the due amount as yet within fourteen days after the date of this payment reminder, the customer is in default and we are entitled to charge the customer an interest equal to the statutory interest per month with effect from the due date, plus the extrajudicial costs. The amount of these costs is subject to (statutory) limits. 8. Retention of title : 8.1 As long as the customer has not paid the full purchase price with any additional costs, or has provided security for that, we retain the right of ownership of the products, provided that as from the moment the products have been made available the customers bears the liability and the risk of the item delivered. The customer is not entitled to encumber or to transfer the fiduciary ownership to our disadvantage. 9. Termination : 9.1 In the event of drastic change of circumstances, such as bankruptcy or suspension of payment of the customer, as a result of which performance can no longer reasonably be required from us, we reserve the right to terminate the agreement in whole or in part. 10. Disputes and applicable law : 10.1 All our agreements are governed by Dutch law. The United Nations Convention on Contracts for the International Sale of Goods is explicitly excluded. 10.2 These General Terms and Conditions are drawn up in the Dutch language; in the event of any difference in the contents of purport, the Dutch text is binding. 10.3 In first instance, all disputes in connection with the agreement concluded with the supplier or related thereto will exclusively be settled by the competent court in Utrecht. Legal proceedings on our part, however, may also be brought before the court which has jurisdiction according to the law. 10.4 Where in these conditions reference is made to ‘customer’, the contractual counter party is meant and where reference is made to ‘us‘ or ‘supplier’, JAC. VAN ‘T HART NEDERLAND BV is meant.