Terms of delivery

The parts and accessories listed on our website, together with their corresponding numbers, have been carefully compiled on the basis of the information available to us. However, we cannot accept any responsibility for any errors in this information or for numbers incorrectly ordered by the customer.

Our aim is for orders to be delivered to you within 2 days after the order has been placed. Earlier delivery may be possible; please contact us for the conditions. For deliveries within the Netherlands below € 500 excluding VAT, shipping costs will be charged. Above € 500, delivery is carriage paid. Different rates apply to deliveries outside the Netherlands.

1.2 The client’s general terms and conditions do not apply and are expressly rejected.

2.1 All offers are non-binding.

2.2 If the client provides the contractor with data, drawings, etc., the contractor may assume that these are correct and will base its offer on them.

2.3 Prices for businesses are exclusive of VAT and packaging. For private individuals, prices are inclusive of VAT and exclusive of packaging.

2.4 If the contractor’s offer is not accepted, the contractor has the right to charge the client for all costs incurred in making the offer.

3.1 The delivery time is determined approximately by the contractor.

3.2 In determining the delivery time, the contractor assumes that it can perform the order under the circumstances known to it at that time.

3.3 The delivery time commences when agreement has been reached on all technical details, all necessary data, final orders, etc. are in the contractor’s possession, the agreed instalment or advance payment has been received and the necessary conditions for carrying out the order have been met.

3.4 If circumstances arise other than those known to the contractor when it determined the delivery time, the contractor may extend the delivery time by the time required to perform the order under those circumstances. If the work cannot be fitted into the contractor’s schedule, it will be completed as soon as the contractor’s schedule permits.

3.5 Exceeding the agreed delivery time shall in no event give rise to a right to compensation, unless this has been agreed in writing.

4.1 In the case of a sale, delivery takes place ex works; the risk of the item passes at the moment the seller makes it available to the buyer.

4.2 Regardless of the provisions of the previous paragraph, the client and contractor may agree that the contractor will arrange transport. The risk of storage, loading, transport and unloading shall also in that case be borne by the client. The client may insure itself against these risks.

4.3 Even if the seller installs and/or assembles the sold item, the risk of the item passes at the moment the seller makes the items available to the buyer at the seller’s business premises or at another agreed location.

4.4 If a trade-in is involved in a sale and the buyer continues to use the item to be traded in pending delivery of the new item, the risk of the trade-in item remains with the buyer until the buyer has placed it in the possession of the seller.

5.1 If four months have passed after the date on which the agreement was concluded and performance by the contractor has not yet been completed, an increase in price-determining factors may be passed on to the client.

5.2 Payment of the price increase referred to in paragraph 1 shall take place at the same time as payment of the principal sum or the final instalment.

6.1 The contractor has the right to suspend the performance of its obligations if, due to circumstances that could not have been expected at the time the agreement was concluded and that are beyond its control, it is temporarily prevented from fulfilling its obligations.

6.2 Circumstances that could not have been expected by the contractor and that are beyond its control include, among others, the circumstance that the contractor’s suppliers and/or subcontractors fail to fulfil their obligations, or fail to do so on time, weather conditions, earthquakes, fire, loss or theft of tools, loss of materials to be processed, roadblocks, strikes or work stoppages, and import or trade restrictions.

6.3 The contractor is not entitled to suspend performance if fulfilment is permanently impossible or if a temporary impossibility has lasted for more than six months. The agreement may then be dissolved for the part of the obligations that has not yet been fulfilled. In that case, the parties shall not be entitled to compensation for damage suffered or to be suffered as a result of the dissolution.

7.1 The contractor guarantees the proper performance of the agreed service for a period of three months after delivery or completion.

7.2 Parts repaired by the contractor or replaced by the contractor must be sent to the contractor carriage paid. Dismantling and assembly of these parts, and any travel and accommodation costs incurred, shall be borne by the client.

7.3 If the agreed performance consists of processing materials supplied by the client, the contractor guarantees the soundness of the processing performed for the period referred to in paragraph 1. If it appears that processing has not been properly performed, the contractor shall choose whether to:

- perform the processing again. In that case, the client must supply new material at its own expense;

- remedy the defect. In that case, the client must return the material to the contractor carriage paid;

- credit the client for a proportional part of the invoice.

7.4 If the agreed performance consists of the delivery of an item, the contractor guarantees the soundness of the delivered item for the period referred to in paragraph 1. If it appears that the delivery has not been proper, the item must be returned to the contractor carriage paid. The contractor shall then choose whether to:

- repair the item;

- replace the item;

- credit the client for a proportional part of the invoice.

7.5 If the agreed performance consists, in whole or in part, of the installation and/or assembly of a delivered item, the contractor guarantees the soundness of the installation and/or assembly for the period referred to in paragraph 1. If it appears that the installation and/or assembly has not been properly performed, the contractor shall remedy this. Any travel and accommodation costs incurred shall be borne by the client.

7.6 For those parts for which the client and contractor have expressly agreed this in writing, the manufacturer’s warranty applies. If the client has had the opportunity to take note of the contents of the manufacturer’s warranty, it shall replace the warranty under this article.

7.7 The client must in all cases give the contractor the opportunity to remedy any defect or to perform the processing again.

7.8 The client may only invoke the warranty after it has fulfilled all its obligations towards the contractor.

7.9 a. No warranty is given for defects resulting from:

- normal wear and tear;

- improper use;

- maintenance that has not been carried out or has been carried out incorrectly;

- installation, assembly, alteration or repair by the client or by third parties.

b. No warranty is given for delivered items that were not new at the time of delivery.

The client can no longer rely on a defect in the performance if it has not submitted a written complaint to the contractor within 14 days after discovering the defect or after it reasonably should have discovered it.

If items have not been taken delivery of after the expiry of the delivery time, they shall remain at the client’s disposal. Items not taken delivery of shall be stored at the client’s expense and risk. The contractor may always exercise the authority provided under Article 6:90 of the Dutch Civil Code.

10.1 Payment shall be made at the contractor’s place of business or into an account designated by the contractor.

10.2 Unless otherwise agreed, payment shall be made as follows:

a. in the case of counter sales: in cash;

b. if payment by instalments has been agreed: within 14 days after the invoice date;

c. shipments cash on delivery;

d. direct debit by means of a previously agreed direct debit agreement;

e. in all other cases, the invoice must be paid in advance to the account number.

10.3 Regardless of the agreed payment terms, the client is obliged, at the contractor’s request, to provide sufficient security for payment in the contractor’s opinion. If the client fails to comply within the set period, it shall immediately be in default. In that case, the contractor has the right to dissolve the agreement and recover its damages from the client.

10.4 The client’s right to set off its claims against the contractor is excluded, unless the contractor is bankrupt.

10.5 The full payment claim becomes immediately due and payable if:

a. a payment term has been exceeded;

b. the client has been declared bankrupt or applies for suspension of payment;

c. attachment is levied on the client’s assets or claims;

d. the client, if a company, is dissolved or liquidated;

e. the client, if a natural person, is placed under guardianship or dies.

10.6 If payment has not been made within the agreed payment term, the client shall immediately owe interest to the contractor. The interest rate is 10% per year, but shall equal the statutory interest rate if that is higher. In calculating interest, part of a month is regarded as a full month.

10.7 If payment has not been made within the agreed payment term, the client shall owe the contractor all extrajudicial costs, with a minimum of € 50. The costs are calculated as follows:

On the first € 3,000 - 15%

On the excess up to € 6,000 - 10%

On the excess up to € 15,000 - 8%

On the excess up to € 60,000 - 5%

On the excess from € 60,000 - 3%

If the actual extrajudicial costs incurred are higher than the amount resulting from the above calculation, the actual costs incurred shall be due.

10.8 If the contractor is successful in legal proceedings, all costs it has incurred in connection with those proceedings shall be borne by the client.

11.1 After delivery, the contractor remains the owner of the delivered items as long as the client:

a. fails or will fail to fulfil its obligations under this agreement or other similar agreements;

b. has not paid claims arising from non-fulfilment of the aforementioned agreements, such as damages, penalties, interest and costs.

11.2 As long as delivered items are subject to retention of title, the client may not encumber them outside its normal business operations.

11.3 After the contractor has invoked its retention of title, it may retrieve the delivered items. The client permits the contractor to enter the place where these items are located.

11.4 If the contractor cannot rely on its retention of title because the delivered items have been mixed, transformed or accessioned, the client is obliged to pledge the newly formed items to the contractor.

If the client wishes to dissolve the agreement without there being a failure on the part of the contractor and the contractor agrees to this, the agreement shall be dissolved by mutual consent. In that case, the contractor is entitled to compensation for all financial loss, such as loss suffered, loss of profit and costs incurred.

13.1 Dutch law applies.

13.2 The Vienna Sales Convention (C.I.S.G.) does not apply, nor does any other international regulation whose exclusion is permitted.

13.3 Only the civil court competent in the place of business of the contractor shall hear disputes, unless this is contrary to mandatory law. The contractor may deviate from this rule of jurisdiction and apply the statutory rules of jurisdiction.

13.4 The parties may agree on another form of dispute resolution, such as arbitration or mediation.