General Delivery- and Payment Conditions of HUIBERS Elektrotechnische Isolatiesystemen
established in Amerongen
Following conditions apply to all our quotations issued by us and sales orders directed to us, agreed upon verbally as well as in writing. We do not recognize any general conditions, in no form whatsoever, from buyer.
All quotations, verbally as well as in writing, are non-committal and can be modified respectively adjusted at any time.
Prices issued by us, verbally as well as in writing are free of obligations and can be altered respectively adjusted at any time. Prices can also be adjusted because of prices changed by our suppliers, changes and fluctuations in exchange rates and/or other factors that can influence the price. We retain the right to pass on price increases undiminished to buyer, even after a closed deal.
Payments need to occur within 30 days after date of invoice. Unless explicitly agreed upon differently, balancing of debts is by no means allowed
All cost with relation to collecting the claim, legal as well as non-legal, the latter fixed on 15 per cent of the outstanding amount and interest due, are to the account of the negligent principal.
Returning purchased goods can only happen after we have given permission in writing and will take place to the account and at the risk of buyer.
Complaints with relation to delivery of goods need to be in writing and sent to us within 5 working days after receipt of the goods. In case a complaint is declared just (only by the supplier/producer of the product/service delivered by us) we are only kept to resupply the product/service delivered. We rule out any liability for damages suffered by buyer or third parties as a result of a shortcoming regarding the delivered.
Unless mentioned otherwise, packaging is included in the selling price of the product. The way of packing is determined by us/our supplier. Packaging will not be taken back by us. Extra packaging requested by buyer will be charged separately.
Wire reels are given on loan for 3 months; when the reels are returned within 3 months, complete and undamaged, buyer will be credited for the amount we charged for the reels.
Transportation is to the account and at the risk of buyer. Unless agreed upon otherwise, goods are transported by a transporter selected by us. Damage during transport needs to be noted on the deliverynote and reported to us immediately, in writing. If this is not done properly, or not in time, buyer may loose any right to compensation.
All deliveries are off warehouse, which all selling prices are based on. However, if we do take care of transportation, the cost and risk are at all times to the account of principal. Delivery is considered to have taken place as soon as the goods to be delivered have been handed over for transport.
Part deliveries are at all times allowed. For shipments with an invoice value of less than Euro 230.=, Euro 11.= administration costs will be charged.
Delivery times are at all times estimatations. If goods are not delivered in time, buyer is not entitled to compensation of any kind or termination of the agreement.
Conditions regarding risks, transfer of property and right of property
Until all claims we have or will have on the buyer, for whatever reason, have been fully settled, the delivered goods are,at buyer’s risk, either used or manufactured or not manufactured, exclusively our property. Buyer is not authorized to hand over the goods to third parties as security or property or give third parties any other rights regarding the goods. We have a right to take back the goods belonging to us, in case payment has not taken place within the agreed payment term. Our reclamation right arises from the unilateral lapse of the agreed payment term, without any summon or default notice required from us. Our right of reclamation is also valid in case buyer has filed for suspension of payments or bankruptcy, or is about to, or in case he has decided to liquidate his business and/or if we obtain information which indicates with reasonable certainty that buyer probably will not be able to annul the- until that moment existing- agreements, wholly or for the part that has not been carried out yet, and to consider them not claimable, undiminished our right to compensation.
We are never liable for any indirect or direct damages resulting from shutting down the company, company delays, -disturbances or any other company damage no matter what the reason or nature be, nor for any direct or indirect damage inflicted upon the goods/services supplied by us, or damage inflicted upon goods or persons. Our liability, whatever the reason, will everytime be limited to the amount of the purchase price of the goods/services supplied already paid by buyer at the time of his claim. Buyer protects us from all liability towards third parties as a result of a shortcoming regarding the delivered goods.
All disputes caused by agreements with buyer can only be submitted to the competent judge of the district where the seller has been established.
Alle geschillen waartoe overeenkomsten met de koper aanleiding geven, kunnen uitsluitend worden voorgelegd
aan de bevoegde rechter van het arrondissement waar de verkoper gevestigd is.