General sales, delivery and payment conditions filed at the Chamber of Commerce West-Brabant under number 3831 on 22 July 1998.
Article 1 General
These conditions apply to all offers and to (any part) of all agreements and full or partial claims to deliveries, unless seller and buyer expressly agree otherwise in writing. A general reference by the buyer to his conditions is not accepted by us and does not affect the exclusive applicability of these conditions.
Article 2 Quotations and offers
All quotations and offers, as well as data in price lists and leaflets, are without obligation, unless the seller has explicitly stated otherwise in the offer to the buyer.
Article 3 Agreements
Sales agreements are only concluded by a written order confirmation by the seller or by the seller fully or partially complying with a request for delivery of the buyer; in the case of a request for delivery in different parts, the agreement as a whole is deemed to have been realized, if the first partial cq. partial delivery.
Article 4 Prices
If after the date of a quotation or confirmation of an order the prices of materials and raw materials, or wages, salaries, social or government charges, freight, exchange rates, insurance premiums, import and export duties or other cost-determining factors in domestic and If a change is made abroad, or if the changes first come to the notice of the seller, the seller is entitled to change the prices accordingly, taking into account any existing statutory regulations.
Article 5 Delivery
Paragraph 1 Tasco aims for a delivery period of a maximum of 5 (five) working days if the ordered goods are in stock. However, no rights can be derived from this; it may be that this delivery period is not feasible due to unforeseen circumstances.
Paragraph 2 If a certain delivery time has been agreed, the seller undertakes to realize this delivery time as much as reasonably within his power. The Seller does not provide any guarantee in this respect. Exceeding the delivery time – irrespective of the cause – will never give the buyer the right to compensation or total or partial dissolution of the agreement.
Paragraph 3 The dispatch of the goods always takes place, even if Franche delivery has been agreed, at the expense and risk of the buyer, even then, when the carrier demands that on consignment notes, transport addresses, etc., the clause prevents all transport damage at the expense and risk. the sender, ie the seller, is mentioned on the consignment note for any other reason; the buyer indemnifies the seller against all claims of the carrier.
Paragraph 4 If the supplier from which the seller purchases the goods to be delivered to the buyer for whatever reason wholly or partially fails to deliver or cease delivery. is not good or insufficient supplies, then this applies to the buyer in his relationship with the seller as force majeure and the seller is not or not. insufficient, or. not timely, cq. wrong delivery to buyer not liable to the buyer for damage arising from this. In case of strike, fire, loss of goods during transport, water damage, government measures, delay in shipment or transport, export ban, war, mobilization, transport, export or import restrictions, and all other circumstances, which fulfill or not fulfill the agreement. temporarily, the seller shall be entitled at his choice either to extend the delivery time by the duration of the obstacle or to cancel the purchase insofar as it is affected by the obstruction.
Paragraph 5 If the buyer gives him a written request, the seller is obliged to declare himself within 8 days with respect to his choice. If the obstruction does not last longer than one month, the seller is not entitled to cancel. The seller shall never be liable for the total or partial absence of any delivery insofar as he has not explicitly promised this in writing after having received a reminder as referred to above.
Paragraph 6 If the packaging is charged after consultation between seller and buyer, it must be paid at the same time as the payment of the principal sum as referred to in Article 8. Refund of what has been paid for packaging pursuant to this article shall only take place in carriage paid and undamaged return on the seller’s premises within 3 months after the day of delivery. The assessment of whether the packaging has been returned undamaged is the sole responsibility of the seller.
Paragraph 7 The method of packaging, if no further instructions are given by the buyer to the seller, is determined by the seller as a good family man, without any liability for this and without being obliged to take back the packaging.
Arikel 6 Recalmes
Complaints regarding the delivered goods must be brought to the attention of the seller in writing within 8 days of the invoice date. Any right to claim expires when the goods are fully or partially put into use. Complaints do not entitle the buyer to suspend his payments or to claim compensation. For the purposes of this provision, each partial delivery is considered as a separate delivery. Return shipments must be paid carriage paid and will only be accepted after prior consultation.
Article 7 Liability
The seller is not liable for any direct or indirect damage including trading loss, damage to goods or persons caused by the delivered goods or by provided advice or explanations or any damage caused by faulty goods delivered or incorrect composition of the delivered goods in the broadest sense of the word. Notwithstanding the foregoing, any obligation of the seller to pay compensation for any reason whatsoever is at all times limited to a maximum of the invoice value of the delivered goods.
Article 8 Payment
Paragraph 1 Unless otherwise agreed in writing, the payment must be made within 30 days after the delivery date stated on the invoice without discount or compensation. The 30-day period can be extended by 8 viewing days.
Paragraph 2 In the event of late payment, the buyer shall owe an interest equal to the statutory regulation on the outstanding amount from the due date until the day on which the amount due is paid. All costs, including the costs of legal assistance caused by or in connection with late payment, will be borne by the buyer.
Paragraph 3 In case of late payment the seller is entitled to suspend the delivery of other goods. cancel any agreement concluded with the buyer or parts thereof without summons or judicial intervention and demand full compensation from the buyer.
Paragraph 4 If the seller suspects prior to or during the execution of an agreement or receives instructions that the buyer may be creditworthy to a lesser extent, the seller is entitled not to deliver or to continue to deliver. The seller also reserves the right (even if the purchase is made on other conditions) to send the goods to COD or to demand payment in advance.
Article 9 Retention of title
Paragraph 1 All goods delivered by the vendor remain until the moment of full payment of all the claims, including interest and costs – and in the event that it is delivered in the current account until the moment of liquidation of the possibly chargeable buyer balance – are owned.
Paragraph 2 The buyer is in favor of the aforementioned full payment or. liquidation shall not be entitled to pledge the goods to third parties or to transfer ownership thereof other than in accordance with the performance of their business or the normal destination of the goods. In case of violation of this, whatever the payment conditions, the purchase price will be immediately and fully due and payable.
Furthermore, the seller has the right in that case to recover all goods from the place where they are located without any authorization from the buyer or the judge himself.
Buyer must prevent goods from seller from being seized by attachment. Should this nonetheless occur, the buyer must immediately inform the seller.
Paragraph 3 Without prejudice to the other provisions in these conditions, the seller is authorized (after summons on a period of at least 7 days) without terminating the sales agreement in whole or in part, without judicial intervention being required to claim full compensation from the buyer, if buyer does not, not properly or not timely, fulfill any of its obligations under any agreement with the seller. This also applies if the buyer is declared bankrupt or c. if his bankruptcy has been applied for, or he applies for a suspension of payment or his bankruptcy, or decides to proceed to (partial) closure or liquidation of his company, and if an enforcement order is imposed on the buyer, the buyer shall be deemed to have been legally to be in default and the seller has the right, without notice of default and without judicial intervention being required, to his choice: – the execution of any, several or all obligations on his part vis-à-vis the buyer, for any reason whatsoever, to suspend, than however – although it was agreed otherwise for each performance on his part of any obligation to claim cash payment, or – to fully or partially dissolve the agreement (s). terminated without the seller being obliged to pay any compensation, guarantee or otherwise and without prejudice to any further right or right to full compensation.
Paragraph 4 All costs to be incurred, including the costs of legal assistance caused by or in connection with the buyer’s default, are to be borne by him.
Article 10 Disputes
All disputes that may arise from the designation of an agreement to which the present conditions apply in full or in part, or in connection with further agreements, which are the result of such an agreement, will only be settled by the competent court of the place. of the seller’s establishment, unless the buyer and the seller agree to submit the dispute to arbitration, in accordance with the terms of the conciliation and arbitration of the international chamber of commerce by one or more arbitrators appointed in accordance with these regulations.