A. JANSEN MACHINEHANDEL B.V.
GENERAL SALES AND DELIVERY TERMS
Bredaseweg 210, 4873 LA ETTEN-LEUR
On all our offers, confirmations and on all agreements entered into by us, the following conditions apply, unless explicitly agreed otherwise in writing. When concluding an agreement with us, is waived the applicability of any other condition, so that it will not be part of the agreement. Only in writing can be deviated from stipulations that occur in these conditions.
All our offers are without obligation.
No rights may be derived for current or future transactions with regard to any changes agreed in writing or prior transactions entered into under conditions other than the present.
3. Other terms
If not in writing and after receipt of the offer or if it does not appear in writing, after receipt of the invoice, within eight days in writing and recorded the applicability of the present conditions is denied, parties are bound by the present conditions.
The goods travel at the expense and risk of the client or buyer unless it has been agreed in writing that the goods are delivered carriage paid. The goods are deemed to have been delivered by us and accepted by the buyer:
a. upon delivery ex warehouse, as soon as the goods are loaded in or on the means of transport;
b. in the case of carriage paid delivery, as soon as the goods have been delivered at the agreed location and this before the unloading takes place.
The unloading outside working hours can only take place in consultation between seller and buyer.
5. Reservation of ownership
The goods remain our property as long as the buyer or client respectively has not paid in full the total purchase price, including interest and costs, on the understanding that the risk of damage or loss of goods and any associated damage after delivery and / or acceptance of the goods as described in the aforementioned article. Without our co-operation, no general authority has been given to pledge the goods to third parties or to transfer ownership thereof or to provide any security right in the broadest sense of the word. If the buyer or the client contravenes or acts in violation with this, the buyer or client respectively shall forfeit an immediately due and payable penalty equal to the unpaid purchase price of the goods concerned, without prejudice to our right to the purchase price.
Unless explicitly agreed otherwise in writing, the invoice amount must be paid at the office of us, respectively by deposit, or transfer to our bank or giro account indicated on the invoice, no deductions or debt settlements at the latest within fourteen days after the invoice date. We reserve the right to demand cash payment or advance payment.
The buyer or client who has not yet paid on the fourteenth day after the invoice date is liable to pay interest on the amount due, without any demand for payment being required. This interest will start counting from the date on which the aforementioned payment term expires. The interest rate is that of the statutory interest increased by 1%. All possible costs, both judicial and extrajudicial costs incurred by us to fulfill the obligations of the buyer or client will be at the expense of the buyer or client.
The extrajudicial costs amount to at least 15% of the relevant invoice amount, regardless of partial payments. The extrajudicial costs are payable from the moment that our claim is handed over to a lawyer, bailiff or collection agency, regardless of whether the buyer or the client has been informed of this.
We remain authorized to take over our property at all times under the obligation to settle any payments already made in all reasonableness and fairness. In the case the buyer or client fails to comply with any obligation from the agreement towards us, we will be entitled to dissolve the agreement by means of an extrajudicial declaration (a letter) and take the goods (regardless of whether or not they have been processed) to us, with settlement as mentioned above.
In case of bankruptcy, suspension of payment, shutdown and/or liquidation of the company of buyer or client, it is deemed to be in default by operation of law and we have the right to suspend the execution of the agreement without any notice of default and without judicial intervention. or to declare the part not yet executable to be dissolved, without prejudice to the right to payment of the executed part of the agreement and compensation for damage.
7. Delivery times
The specified delivery times are informative. Exceeding by us of the delivery time gives no right to cancellation of the order nor to refusal of receipt or payment of the goods nor to any compensation. In the event of late delivery, we must be given notice of default in writing, leaving a reasonable period for us to perform. In case of purchase on demand, the demand must take place timely, at least four weeks before the desired delivery takes place. In case of force majeure such as natural disasters, war, measures taken by the government, material shortage, stagnation, traffic jam, strike or exclusion, we have the option to suspend the execution of the agreement or to cancel the agreement in so far as it has not been executed.
8. Attached documents
The illustrations, drawings and/or samples provided by us, weights, capacities, chemical resistance and other technical specifications are not binding but only intended to give a general idea of what is offered. Deviations from data provided in this way do not give any right or to any form of compensation. The data remains our property and may not be copied without explicit permission. shown to third parties or used in any other way
Complaints must be communicated to us in writing and by registered mail no later than eight days after delivery date. If no written complaints have been received by us within this period, we shall be deemed to have fully met our obligations with regard to the delivered goods. Counter-proof against this assumption is excluded. if complaint is accepted, the goods can be repaired at our discretion, or the goods replaced, whereby the transport costs will then be for our account.
We cannot be held liable for damage to machines, buildings, goods or persons, both directly and indirectly.
The prices quoted by us are based on cost factors. We reserve the right to pass on these cost factors. Unless otherwise agreed, VAT is not included in the prices quoted.
In the event of non-performance of the buyer or client, the payment of the amount of money paid will firstly result in payment of expired judicial or extrajudicial costs, then interest and, finally, outstanding invoices in order of age (oldest first). We are entitled at all times to require security to fulfill payment obligations.
All disputes between us and our customers, including collection in case of non-payment, are subject to the judgment of the competent court in Breda, The Netherlands
13. Applicable law
All agreements to which our conditions apply and the resulting legal relations are governed by Dutch law.
Type and translation errors can be part of this translation. Any typing / translation error is not binding. For our binding Terms and Conditions we refer to our Dutch General Terms and Conditions, filed with the Chamber of Commerce.