Terms and conditions
General terms and conditions of delivery and payment of: De Reuver Tricotagefabriek BV, hereinafter referred to as: De Reuver, located at: Tesstraat 37, municipality: West Maas and Waal, filed with the district court in Arnhem, the Netherlands, on 12/12/2008, under number 2008/61.
Article 1: GENERAL
1.1 These general terms and conditions of delivery and payment apply to all agreements with and all offers from De Reuver. 1.2 General terms and conditions of delivery and payment or general terms and conditions of purchase of (future contracting parties or third parties never apply to agreements with or offers from De Reuver, except if De Reuver has accepted in writing through an employee authorized to represent that such conditions apply in whole or in part. . 1.3 If (parts of) articles of these general delivery and payment conditions are destroyed or would be void, other (parts of) articles remain in force.
Article 2: AGREEMENT AND OFFER
2.1 Every offer or advice from De Reuver is without obligation, unless De Reuver has stated in writing in the offer or advice that these are not without obligation. All statements on the website (s) of De Reuver with regard to items to be sold (in the future) are an invitation to make an offer and do not bind De Reuver. 2.2 Agreements with De Reuver are only concluded after: A. the signing by the contracting party and De Reuver of a written agreement drawn up by De Reuver or B. written acceptance by a contracting party of an offer from De Reuver, or C. in writing recording by De Reuver of agreements made with a contracting party. 2.3 The product descriptions, availability data, sizes, specifications, designs, calculations, colors and examples that form part of an offer, advice or agreement do not bind De Reuver and are only an indication. 2.4 De Reuver is entitled to deliver with 10% more or less than agreed. Insofar as more is delivered than agreed, the contracting party of De Reuver is also obliged to pay the excess. 2.5 Verbal commitments by employees of De Reuver do not bind De Reuver, except insofar as these notifications have been confirmed in writing by an employee of De Reuver who is authorized to represent. 2.6 When De Reuver sells goods through promotions for a lower than the regular price, the (future) contracting party accepts that the prices of the promotion only apply as long as stocks last of the goods sold by De Reuver through the promotion.
Article 3: PRICES
3.1 All prices stated by De Reuver in an offer or agreement are exclusive of VAT. and insurance costs, as well as exclusive of import and export duties or other charges.
3.2 Insofar as one or more cost-determining factors undergo an increase after the conclusion of an agreement, regardless of whether this was foreseeable at the time of the offer by De Reuver, De Reuver has the right to increase the offered or agreed price. Under the aforementioned circumstances, a price increase can never exceed 10% of the offered or agreed price.
3.3 De Reuver is entitled to charge samples made available to a (future) contracting party.
Article 4: PAYMENT
4.1 A contracting party must pay before delivery of goods, unless agreed otherwise in writing through an employee authorized to represent.
4.2 The contracting party undertakes never to set off claims by De Reuver on the contracting party against De Reuver with claims by the contracting party on De Reuver.
4.3 The contracting party owes De Reuver an interest of 1% per month, whereby part of a month counts as a whole month insofar as the contracting party does not pay an invoice within the payment term.
4.4 Judicial and extrajudicial collection costs are fully for the account of the contracting party. The extrajudicial collection costs amount to a minimum of 10% of the outstanding items excluding VAT. per invoice.
4.5 Insofar as De Reuver produces or has produced under an agreement with a contracting party goods on which the contracting party's intellectual property rights, including a brand or model, rest, De Reuver has a contractual party that fails to pay and De Reuver makes use of its retention of title or if De Reuver still has the goods in his possession while the contracting party does not pay on time, the right to sell these goods independently. Under the circumstances as
mentioned in this article, the contracting party undertakes unconditionally towards De Reuver to refrain from opposing in the broadest sense of the word De Reuver's putting into circulation matters which are subject to the contracting party's intellectual property rights.
Article 5: RISK TRANSFER AND DELIVERIES
5.1 Delivery times agreed with De Reuver or stated by De Reuver apply between the parties as an approximate delivery time. The delivery time is suspended until the time that all technical and other questions from De Reuver to the contracting party regarding deliveries to be made have been answered in writing by the contracting party. Furthermore, the delivery time of De Reuver does not start until the contracting party has entered into any commitments on its part from the present or earlier
concluded agreements has been fully complied with. The delivery time of De Reuver is extended by the duration of delay caused by non-compliance by third parties of the delivery of goods to De Reuver.
5.2 De Reuver only delivers ex works or ex warehouse. Goods are considered to have been delivered between the parties when they are ready for shipment.
5.3 From the moment of delivery, the risk with regard to the goods delivered is transferred to the contracting party. The contracting party accepts that De Reuver is never liable for damage to delivered goods or caused by delivered goods, from the time of delivery, regardless of whether the contracting party has received the goods at that time. The contracting party accepts that De Reuver is never liable for damage to goods or persons delivered or arising as a result of the shipment or transport, or the loading or unloading of the goods or causing damage at the place where the goods are on behalf of De Reuver.
5.4 Insofar as De Reuver exceeds the delivery time, the contracting party is not entitled to compensation. If the contracting party does not cooperate or does not cooperate fully or in a timely manner with regard to delivery or delivery by De Reuver, regardless of where the goods become available to the contracting party, the contracting party is liable for the damage that this causes to De Reuver.
5.5 De Reuver is entitled to perform an agreement in partial deliveries, and to send an invoice to the contracting party for each partial delivery.
Article 6: FORCE MAJEURE
6.1 Parties include force majeure, strikes at De Reuver or its suppliers, business disruptions at De Reuver or its suppliers, failures in hardware and software, or the internet, traffic jams regardless of the cause, obstacles in postal traffic, government measures, disruptions in means of communication. , import or export barriers, impediments to transport regardless of the cause, theft, fire, water damage and disruptions in energy supplies.
6.2 During force majeure, De Reuver is entitled to suspend performance of obligations towards the contracting party.
6.3 Insofar as after completion of force majeure within the meaning of the law or in the sense of 6.1 compliance with De Reuver places an unreasonably heavy burden, such as to determine De Reuver, De Reuver is entitled to dissolve the agreement in whole or in part without the contracting party is entitled to claim compensation.
Article 7: RESERVATION OF PROPERTY
7.1 De Reuver retains ownership of all goods to be delivered and delivered, as well as items on loan, as long as the contracting party has not paid the full price. The retention of title extends to the principal sum as well as to claims for damages, including interest.
7.2 The contracting party is obliged as long as ownership of goods sold by De Reuver has not been transferred and these goods must be kept carefully and carefully.
7.3 When exercising the retention of title, De Reuver is entitled to collect goods where they are located. The contracting party is liable for all costs incurred by De Reuver in connection with the exercise of the retention of title, including but not limited to transport costs, storage costs and destruction costs.
7.4 De Reuver is authorized by the contracting party to enter all properties and rented or in use belonging to the contracting party and to use the rights attached to the retention of title.
7.5 The contracting party undertakes vis-à-vis De Reuver to immediately notify De Reuver of seizures of movable property. The contracting party is obliged to immediately inform the attaching party in writing of the circumstance when goods are subject to retention of title by De Reuver.
Article 8: COMPLAINTS AND INSPECTION
8.1 At the time when goods are delivered, De Reuver's contracting party is obliged to check them for quality and quantity, for example.
8.2 Insofar as a contracting party wishes to complain, it is obliged to notify De Reuver in writing of these complaints within 14 days of delivery. After the expiry of this term, the contracting party's right to invoke any defect or inaccuracy in the goods delivered, except in the case of a complaint relating to a guarantee within the meaning of Article 9.
8.3 Without prior written permission from De Reuver, the contracting party is prohibited from returning goods about which a complaint is made to De Reuver. Insofar as De Reuver grants permission to return goods delivered, this does not mean any acknowledgment by De Reuver with regard to the complaint. Irrespective of whether De Reuver has granted permission to return the goods delivered, this will take place at the expense and at the expense and risk of the contracting party. Under penalty of forfeiture of the right to complain, De Reuver must be given the opportunity to check the matters about which the complaint is made at a time and manner to be determined by De Reuver.
8.4 The contracting party is not entitled to suspend its (payment) obligations towards De Reuver during a complaint.
Article 9: WARRANTY
9.1 De Reuver does not guarantee shrinkage and nuance differences in the colors, nor do we guarantee any impurities in the light colors, including yellow and white.
9.2 De Reuver guarantees the reliability in normal use of the delivered goods. This means that delivered goods that show defects are repaired free of charge by De Reuver insofar as the contracting party demonstrates that these defects arose within six months of delivery and these defects are the direct result of inaccuracy or defect in the materials used.
9.3 Guarantee obligations of De Reuver never extend further than the guarantee obligations which the supplier of De Reuver provides to De Reuver.Article
10.1 De Reuver is never liable for damage suffered or to be suffered by a contracting party, unless the damage suffered is the direct result of gross negligence or intent by De Reuver or third parties engaged by it. De Reuver is never liable to third parties who may or may not have a legal relationship with the contracting party.
10.2 In order to further limit liability and the obligation to compensate damage, De Reuver stipulates that its liability never extends beyond what it has committed itself to on the basis of the guarantee provisions.
10.3 To further limit liability and the obligation to compensate damage, the contracting party accepts that De Reuver's compensation obligations never extend beyond damage for which De Reuver is insured and insofar as the damage is paid out by De Reuver's insurer.
10.4 Insofar as the insurer of De Reuver does not pay out, De Reuver is never obliged to compensate the damage with a higher amount than for which the goods on which the liability is based have been delivered.
10.5 Never eligible for compensation are consequential damage, trading loss, personal injury, environmental damage, damage due to business disruptions, damage caused by third parties engaged by De Reuver, damage arising during or around transport regardless of the cause, loss of income and damage as a result of other use of the delivered goods. than what they are intended for.
10.6 De Reuver stipulates against the contracting party that the limitations of liability as stated in these general terms and conditions can also be invoked against the contracting party by employees or third parties engaged by De Reuver.
10.7 De Reuver is never liable for errors in drawings, calculations, product descriptions, availability data, dimensions, appendices and specifications provided by it.
Article 11: APPLICABLE LAW AND COMPETENT COURT
11.1 All agreements with De Reuver and disputes arising therefrom are governed by Dutch law, to the exclusion of the law of other states and to the exclusion of the Vienna Sales Convention.
11.2 Disputes with De Reuver will at all times be brought before the competent court in the district of Arnhem. Insofar as a dispute falls within the jurisdiction of the Court, Sector Kanton is, contrary to the provisions of the first sentence of 11.1, the court in the Netherlands having jurisdiction in accordance with the rules of the Dutch Code of Civil Procedure.