Terms & Conditions
1.1. These General Terms of Sale apply to every offer of Seller and all agreements between Seller and Buyer, insofar as Parties have not deviated from these conditions expressly and in writing.
1.2. For minimum order amounts and prices Seller refers to the most recent price list, which applies to each Agreement between Seller and Buyer.
2.1. Delivery takes place as soon as Seller transfers or has transferred the goods to Buyer. For transportation terms, please refer to the actual price list. Seller may deliver the goods ordered by Buyer in separate batches.
2.2. Any delivery times stated by Seller cannot be considered as fatal terms. Seller shall in no event be liable for damages, costs of losses suffered by its Buyers or any third parties as a result of goods not being delivered or being delivered too late.
2.3. From the moment the goods have been delivered, these shall be at the risk and expense of Buyer. 2.4. All goods sold by Buyer shall remain full property of Seller until such time when Buyer has paid all amounts owed to Seller.
3.1. Unless otherwise agreed by parties in writing, the amounts owed by Buyer must be paid within 14 days following the invoice date.
3.2. Settlement of the amount owed by Buyer to Seller with any counter claims of Buyer on Seller disputed by Seller is not allowed.
3.3. If Buyer fails to pay the amounts due to Seller or fails to do so in time, Buyer is in default without Seller having to serve notice of default. Without prejudice to any further rights on the part of Seller, Seller has the right to charge statutory interest plus 3% on the amount due from the relevant due date in the event of Buyer not paying or not paying in time.
4.1. Seller guarantees that the products supplied are free of design materials and manufacturing flaws for a period of 3 months after delivery. The burden of proof concerning any existing flaw as meant above in this article 4.1 lies with Buyer.
4.2. In case Buyer returns a product with a claim under the warranty as mentioned in clause 4.1, the costs of returning are for the account of Seller. Returning products shall only be accepted with Sellers prior written permission.
5.1. Seller is only liable towards Buyer for damages that are the foreseeable and immediate consequence of attributable failure on the part of Seller in performing its duties pursuant to the Agreement between Seller and Buyer.
5.2. As to the state of the products delivered by Seller, Seller’s liability does not exceed the warranty as set out in article 4. Buyer does not have any rights granted by law to a buyer who does not act in the course of business, including the right of non-conformity pursuant to article 7:17 BW and onwards.
5.3. Any other claim for damages, on whatever basis (including consequential damages and indirect damages) are entirely ruled out.
- Applicable law
6.1. All legal relations between Seller and Buyer to which these general terms pertain are exclusively subject to the Law of the Netherlands. The applicability of the Vienna Sales Convention is expressly ruled out.
6.2. Any disputes between Buyer and Seller shall exclusively be submitted to the competent court within the Amsterdam district.