GENERAL TERMS AND CONDITIONS OF HANDELMIJ. Vermolen located in Elst
Art. 1 General
These terms of sale apply to all offers and tenders of, contracts, supplies and work performed by Vermolen. Any sale of these different terms are explicitly agreed between the counterparty and Vermolen. The other party has an agreement with Vermolen to close renounced recourse to other conditions. Even if the terms of the other party a provision equivalent to that in the previous sentence is included, the conditions of Vermolen always take precedence over any conditions of such other party. Among "other party" in these conditions means any legal or natural person who Vermolen has concluded an agreement or wishes to quit and save their representative (s), agent (s), assignee (s) and heir (s).
Art. 2 Offers and tenders
An offer of Vermolen which are not expressly provided in writing to the contrary, is entirely voluntary. The agreement between party and Vermolen concluded only by written acceptance of the order by Vermolen. When Vermolen between the party and an agreement is reached, because the other party by votes Vermolen firm offer timely accept the contents of the agreement reached solely by the text of that firm offer. Changes of a once negotiated agreement are effective only when and insofar Vermolen confirmation in writing. Vermolen has the right order without giving reasons to refuse.
Art. 3 Prices
Quoted prices apply, unless otherwise specified, excluding VAT, import duties, other taxes, levies and duties, and shipping and handling. Agreed prices are based on the (cost) price determining factors.
Art. 4 Shipping
Determine the transport, the location of the other party. Choice of the method of shipment and the packaging is Vermolen. Vermolen is in no way liable for delays in shipment or damage to the supplies.
Art. 5 Delivery
Franco home to an address in the Netherlands by contracts above € 250.00. For orders at your request into multiple parts are delivered, we are from the second delivery the freight charges. The commands below € 125.00 are not free, the shipping and packaging costs on separately you will be charged. The data or agreed delivery period is approximate unless expressly agreed otherwise in writing. A period expressed in first delivery begins to run from the moment when the last of the conditions laid down in the order is fulfilled. If delivery of the goods at the specified time occurs, Vermolen has the right to extend the delivery period of 1 month. This period starts on demand writing the other party. If after notice no delivery is the only party entitled to cancel the agreement in writing. Without a written cancellation, the party held on the obligations imposed on it. The failure of delivery can Vermolen never, not even after notice, a claim for compensation.
Art. 6 Returns
Goods supplied may only be returned after telephone or written authorization by Vermolen. The cost of the returns for the other party, unless Vermolen agree to advertising.
Art. 7 Ownership
In case of sale by Vermolen delivered and to deliver these goods shall remain the exclusive property of Vermolen, until all claims Vermolen has or will have on the other party, for whatever reason, have been fully paid. If the other party against Vermolen any obligations under an agreement fails in case of seizure, requesting sureance of payment or bankruptcy, Vermolen without any notice is required to take back the goods, in which case the agreement without judicial intervention is terminated, without prejudice to the right of Vermolen to compensation. The other party is obliged to inform immediately Vermolen if the goods are seized by a third party or parties other measures in respect of the goods taken.
Art. 8 Liability
Vermolen is not liable for any damages, whatsoever that the other party or third parties may suffer by any act and / or omissions of Vermolen and / or persons who is or may be responsible Vermolen and / or as a result of the use of products Vermolen. Under all circumstances, our compensation is limited to the value of the invoice Vermolen of the transaction from which the damage arises or related to it. By the mere receipt of the goods supplied by or on behalf of the other party, Vermolen indemnified against any claims of the party and / or third party to pay damages, regardless of whether the damage resulting from compositional and / or workmanship, or by any other causes.
Art. 9 Complaints
Among complaints must be taken to mean all grievances of the other party in respect of the status of energy supply. The other party the goods including the packaging immediately upon delivery to check for defects and / or damage, or to perform this check after notification of Vermolen that the goods available to the other party. Identified deficits and / or damages must be by the other party on the delivery and / or invoice must be indicated, failing which the other party is deemed to have accepted the delivery. Complaints in this regard they will not be considered. Complaints can be exercised bad if they are submitted in writing and advertising advice, which is a description of the advertisement must contain within 8 days after delivery in the possession of Vermolen is without prejudice to the following paragraphs. If a claim has been timely and the goods do not meet the contract terms will beat Vermolen our choice to return the goods delivered either free redelivery care or the other party for the repossessed goods credit. To any further obligation Vermolen not required, particularly to pay damages. By filing a claim, the payment obligation of the other party in respect of the property in dispute is not suspended.
Art. 10 Warranty
Vermolen guarantees the soundness and the quality of the delivered and / or processed goods, such with due observance of which is defined elsewhere in these conditions. Guarantee by Vermolen, goods purchased elsewhere is given only if and insofar as the relevant manufacturer / supplier warranty. Warranty claims only include replacing or ordering the goods concerned. All damages, whether direct or indirect, caused by the improper functioning of the Vermolen goods covered by its warranty. Warranty claims are not recognized if the use of the product use instructions are not followed, if provided for other than normal purposes or injudiciously treated, used or maintained. If the other party its obligation (s) fails, as a result Vermolen is also relieved of her (guarantee) obligation (s).
Art. 11 Force Majeure
In case Vermolen is prevented by force majeure the agreement to meet, Vermolen has the right, without judicial intervention, the implementation of the agreement to suspend the contract in whole or in part or as dissolved, at the option of Vermolen without Vermolen to any compensation or guarantee. Regarding Vermolen, the force majeure in these conditions means any circumstance, both foreseen and unforeseen, thus affecting the performance of the contract by the other party can not reasonably be extended, including but not limited to: war, sabotage, insurrection, riot or other unrest, acts of a hostile state, transport failures, strikes, accidents, fire, explosion, storm and other natural disasters, labor shortage, lack of fuel, technical failures, devaluation and inflation, and restrictive government measures such as sudden increase of import and duties and / or taxes and delayed delivery by suppliers, Vermolen has the right, in such cases, the available goods are among its customers, in proportion to divide. In case of force majeure the performance of the contract delay or prevent Vermolen is entitled to cancel the agreement without the other party any right to compensation.\
Art. 12 Dissolution
If it is agreed that the goods to be delivered within a specified period by the other party should be called and the other party in this respect fails has Vermolen the right without notice and without intervention fully or partially dissolve the goods at its discretion to the other party to deliver the goods or risk and expense of the other party to save, which Vermolen its obligations relating to delivery will have met.
Art. 13 Payment
Unless otherwise stated on the invoice, payments within 14 days after receipt of the invoice to be paid on one of the Vermolen bank accounts or cash. Any in the invoice discount for cash payment may be deducted if paid within that time limit, except when one or more other invoices have not been met. When paying by bank or giro, the date of payment the day of crediting the giro or bank account Vermolen. Vermolen has no obligation to the other party's attention prior to the expiration of a payment or to send him such statements and, unless otherwise agreed. Upon expiration of the payment by the other party is an interest equal to the interest rate on bank credit, but at least 1.5% per month or part thereof that is later paid on the amount owed, advertising suspend the payment obligation. Debt is never allowed. All judicial and extrajudicial collection costs at least 15% of the overdue principal with a minimum of € 115.00 and are due and payable without further demand once Vermolen the claim to a third party for collection data. Vermolen has the right to both before and after completion of the agreement to require security for payment, under suspension of the execution of the agreement by Vermolen until security is established; without prejudice the right of Vermolen to performance, compensation and / or complete or partial cancellation of the contract and such without judicial intervention and without being liable for any damages Vermolen will be.
Art. 14 Cancellation
Cancellation by the party to a contract or a portion thereof, for whatever reason, can only accept Vermolen after it canceled its suppliers also have granted and confirmed. Any costs associated with the cancellation of both the supplier and Vermolen, borne by the other party. This cancellation will be at least 10% of the order (see also Art 11. Force majeure).
Art. 15 Assurance
In case of payment of an amount due, cessation of payments and if after the conclusion of the agreement reasonable doubt arises about the proper performance by the other party of its obligations is obliged on demand advance payment or security grant . Failure to meet this requirement will be considered as default and gives Vermolen terminate the agreement without further notice and / or judicial intervention, wholly or partially dissolve Vermolen which claims a compensation at least equal the amount that the counterparty under the agreement Vermolen owed.
Art. 16 Transfer
The rights and obligations of the other party under these conditions are not transferable, except that the other party may transfer his rights to the person who takes over his entire company, the same goes for Vermolen mutandis.
Art. 17 Transfer
To all our agreements are governed by Dutch law. Any dispute concerning the formation, interpretation or execution of an agreement between Vermolen and party, and any other dispute in connection with the Agreement shall be settled exclusively by the competent court of the district where Vermolen is located.