General delivery conditions Botter Trading
- These conditions apply to all offers, deliveries made by us to third parties. All offers are without engagement, unless a term for acceptance is mentioned in the offer. The quotations made by the user are without obligation.
Delivery times in the quotations of the user are indicative and give the buyer no right to dissolution or compensation if they are exceeded.
- The User is entitled to deliver the goods in parts, unless this has been deviated from by agreement or if the partial delivery does not have an independent value. The User is entitled to invoice the thus delivered separately.
- If a sample or model has been shown or provided to the buyer, then it is presumed to have been provided as an indication without the item having to comply with it, unless it is expressly agreed that the item will correspond with it. In the case of agreements relating to immovable property, the indication of the surface or other dimensions and indications shall also be presumed to be intended as an indication only, without the necessity of responding to the goods.
- If it becomes apparent during the execution of the agreement that it is necessary to modify and / or supplement the work to be performed, the parties will adjust the agreement accordingly in good time and in mutual consultation.
- Payment must be made within 30 days of the invoice date, in a manner to be indicated by the user in the currency in which the invoice is made. Objections against the height of the invoices do not suspend the payment obligation. If the buyer fails to pay within the 30-day period, the buyer is legally in default. The buyer will then owe an interest of 1% per month, unless the statutory interest is higher, in which case the statutory interest will apply. The interest on the due and payable amount will be calculated from the moment that buyer is in default until the moment of payment of the full amount.
In the event of liquidation, bankruptcy, attachment or suspension of payment of the buyer, the claims of the user against the buyer will be immediately due and payable.
User has the right to have the payments made by the buyer go first of all to reduce the costs, then to reduce the interest still due and finally to reduce the principal sum and the current interest. User can, without being in default, refuse an offer of payment if the buyer designates a different order for the allocation. The User can refuse full payment of the principal sum if the outstanding and accrued interest as well as the costs are not also paid.
- All items supplied by the user, including any designs, sketches, drawings, films, software, (electronic) files etc. remain the property of the user until the buyer has fulfilled all the following obligations from all agreements concluded with the user. The buyer is not authorized to pledge the items falling under the retention of title nor encumber them in any other way.
If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the buyer is obliged to notify the user as soon as reasonably may be expected. The buyer undertakes to insure the goods delivered subject to retention of title and to keep them insured 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. Items delivered by the user, which are covered by the retention of title pursuant to 1. of this article, may only be resold within the framework of normal business operations and may never be used as a means of payment. In the event that user wishes to exercise his property rights as referred to in this article, the buyer now gives unconditional and non-revocable consent to the user or third parties to be designated to enter all those places where the properties of the user are located and those items to take back.
- The User guarantees that the items to be delivered meet the usual requirements and standards that can be set for them and are free of any defects.
- If the buyer is in default or fails to comply with one or more of his obligations, all reasonable costs incurred in obtaining payment out of court will be borne by the buyer.
- The User is entitled to suspend the fulfillment of the obligations or to dissolve the agreement if: - The Purchaser does not or not fully comply with the obligations from the agreement.
- If the user has agreed on a fixed sales price with the buyerthe user is nevertheless entitled to increase the price. User may, inter alia, pass on price increases if, between the time of the offer and execution of the agreement, significant price changes have occurred in respect of, for example, exchange rates, wages, raw materials, semi-finished packaging material. The prices used by the user are exclusive of VAT and any other levies, as well as any costs to be incurred within the framework of the agreement, including shipping and handling costs, unless stated otherwise.
- If the goods delivered by the user are defective, the liability of the user towards the buyer is limited to what is regulated in these conditions under "guarantees".
- The risk of loss or damage to the products that are the object of the agreement passes to the buyer at the time when these are delivered legally and / or factually to the buyer and thus in the power of the buyer or of third parties to be designated by the buyer. are being brought.
- The parties are not obliged to comply with any obligation if they are prevented from doing so as a result of a circumstance that is not due to fault, and neither under the law, a legal act or generally accepted for their account. In these general terms and conditions, force majeure is understood in addition to what is understood in the law and jurisprudence, all external causes, foreseen or not foreseen, on which the user can not exert influence, but as a result of which the user is unable to meet his obligations. Work strikes in the user's company are included. User also has the right to invoke force majeure if the circumstance that prevents (further) performance occurs after user should have fulfilled his obligation. During the period that the force majeure continues, the parties can suspend the obligations under the agreement. If this period lasts longer than two months, each of the parties is entitled to dissolve the agreement, without any obligation to compensate the other party for damage. For as many users at the time of the occurrence of force majeure meanwhile partially fulfilled his obligations under the agreement or will be able to fulfill them, and the part to which the fulfilled or fulfilling part is due, user is entitled to the already fulfilled or to be fulfilled part to be invoiced separately. Buyer is obliged to pay this invoice as if it were a separate agreement.
- The buyer indemnifies the user against claims from third parties relating to intellectual property rights on materials or data provided by the buyer, which are used in the execution of the agreement.
- Both parties are obliged to maintain confidentiality of all confidential information that they have received from each other or from another source in the context of their agreement. Information is considered confidential if this has been communicated by a party or if this results from the nature of the information. If, on the grounds of a statutory provision or court order, user is obliged to provide confidential information to third parties designated by the law or the competent court, and user can not rely on a legally recognized or recognized by the competent court. or the right to change, the user is not obliged to pay damages or compensation and the other party is not entitled to terminate the agreement on the grounds of any damage, arising from this.
- The judge in the place of business of the user is exclusively authorized to take cognizance of disputes, unless the cantonal judge is competent. Nevertheless, the user has the right to submit the dispute to the competent court according to the law.
- Dutch law applies to every agreement between the user and the buyer. The Vienna Sales Convention is explicitly excluded.
These conditions have been filed at the offices of the Chamber of Commerce in Lelystad.
In case of explanation of the content and scope of these general terms and conditions, the Dutch text is always decisive.
Applicable is always the last deposited version or the version that applied at the time of the conclusion of the agreement.