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Terms and Conditions

Index:

Article 1: Definitions

Article 2:  Applicability  and  conditions

Article 3:  Payment

Article 4: Offers, offers and prices

Article 5: Right of withdrawal

Article 6: Amendment of the Agreement

Article 7: Delivery and transfer of risk

Article 8: Research, advertisements

Article 9: Samples and models

Article 10: Delivery

Article 11: Force majeure

Article 12: Transfer of rights

Article 13: Reservation of ownership and retention

Article 14: Liability

Article 15: Obligation to lodge a complaint

Article 16: Guarantees

Article 17: Applicable law and competent court

 

Article 1: Definitions

  1. noacustom,located at gouda, KvK number 80001122,shall be referred to as a seller in these terms and conditions.
  2. The other party of the seller shall be referred to as a buyer in these terms and conditions.
  3. Parties are seller and buyer together.
  4. The agreement shall mean the contract of purchase between the parties.


Article 2: Applicability and conditions

  1. These conditions shall apply to all tenders, offers, agreements and supplies of services or goods by or on behalf of the seller.
  2. Deviating from these terms is only possible if it has been expressly and in writing agreed by the parties.


Article 3: Payment

  1. The full purchase price is always paid immediately in the store. Reservations may in some cases include a deposit. In that case, the buyer will receive proof of the reservation and the advance payment.
  2. If buyer does not pay on time, he defaults. If the buyer defaults, the seller is entitled to suspend the obligations until the buyer has fulfilled his payment obligation.
  3. If the buyer defaults, the seller will proceed to recovery. The costs relating to that recovery shall be borne by the buyer. These collection costs are calculated on the basis of the Decision on reimbursement for out-of-court collection costs.
  4. In the event of liquidation, bankruptcy, attachment or suspension of payment from the buyer, the seller's claims on the buyer shall be payable immediately.
  5. If the buyer refuses to cooperate in the execution of the contract by the seller, he is still obliged to pay the agreed price to the seller.


Article 4: Offers, offers and prices

  1. Offers shall be non-binding, unless the offer specifies a time limit for acceptance. If the offer is not accepted within that time limit, the offer will expire.
  2. Delivery times in tenders are indicative and do not entitle the buyer to dissolution or compensation if exceeded, unless the parties have agreed otherwise expressly and in writing.
  3. 2015, in NewOffers and quotes do not automatically apply to reorders. The parties must agree on this explicitly and in writing.
  4. The price listed on offers, tenders and invoices shall consist of the purchase price including the VAT due and any other public levies.


Article 5: Right of withdrawal

  1. The consumer shall be entitled to terminate the contract within 14 days without giving reasons (right of withdrawal) within 14days. The period starts to run from the moment the (entire) order is received by the consumer.
  2. There shall be no right of withdrawal where the products are tailor-made or have only short shelf life to its specifications.
  3. The consumer may use a seller's withdrawal form. Seller is required to make this available immediately after buyer's demand.
  4. During the cooling-off period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to that extent to the extent necessary to assess whether he wishes to retain the product. If he avarates his right of withdrawal, he will return the unused and undamaged product with all the accessories supplied and , if reasonably possible, in the original shipping package to the seller, in accordance with the reasonable and clear instructions provided by the trader.


Article 6: Amendment of the Agreement

  1. If, during the implementation of the Agreement, it appears that it is necessary for the proper performance of the contract to amend or supplement the work to be carried out, the Parties shall adapt the Agreement accordingly in good time and by mutual agreement.
  2. If the parties agree that the agreement will be amended or supplemented, it may affect the time of completion of the implementation. Seller will notify the buyer as soon as possible.
  3. If the modification or addition to the agreement has financial and/or qualitative consequences, the seller shall inform the buyer in writing in advance.
  4. Where the parties have agreed a fixed price, the seller shall indicate the extent to which the modification or addition of the agreement will result in an overrun of that price.
  5. By way of derogation from paragraph 3 of this Article, the seller may not charge an additional fee if the change or supplement is due to circumstances which may be attributed to him.


Article 7: Delivery and transfer of risk

  1. Once the purchased purchased has been received by the buyer, the risk passes from seller to buyer.


Article 8: Research, advertisements

  1. Buyer is required to (do) the delivered at the time of (delivery) delivery, but at least within the shortest possible time frame. In doing so, the buyer should examine whether the quality and quantity of the delivered correspond to what the parties have agreed, at least that quality and quantity meet the requirements of normal (commercial) traffic.
  2. Advertisements relating to damage, shortages or loss of goods delivered shall be submitted by the buyer in writing by the seller within 10 working days of the day of delivery of the goods.
  3. If the complaint is justified within the time limit set, the seller shall have the right to either recover or re-deliver or to fors off delivery and to send a credit note to the buyer for that part of the purchase price.
  4. Minor and/or industry-specific deviations and differences in quality, number, size or finish cannot be encountered by the seller.
  5. Complaints relating to a particular product shall not affect other products or components associated with the same Agreement.
  6. No commercials will be accepted after the goods have been processed by the buyer.


Article 9: Samples and models

  1. If a sample or model has been shown or provided to the purchaser, it is suspected to have been given only as an indication without the case to be supplied having to comply. This is different if the parties have explicitly agreed that the case to be delivered will be in line with this.
  2. In the case of contracts in respect of immovable property, indications of the area or other dimensions and indications shall also be presumed to be intended only as an indication, without the case to be supplied having to answer.


Article 10: Delivery

  1. Delivery takes place 'ex-factory/shop/warehouse'. This means that all costs are for copper.
  2. The buyer is obliged to take the items from him at the time when the seller delivers it to him or delivers them to him, or at the time when these items are made available to him under the agreement.
  3. If buyer refuses purchase or is negligent in providing information or instructions necessary for delivery, the seller is entitled to store the business on behalf and risk of buyer.
  4. If the items are delivered, the seller is entitled to charge any delivery fees.
  5. If the seller needs buyer's information for the performance of the contract, the delivery time shall start after the buyer has made this information available to the seller.
  6. A time limit for delivery specified by the seller shall be indicative. This is never a fatal term. If the deadline is exceeded, the buyer must default in writing.
  7. The seller shall be entitled to deliver the items in in part, unless the parties have otherwise agreed in writing or that part-supply is not self-employed. Seller is entitled to invoice these parts separately upon delivery in parts.


Article 11: Force majeure

  1. If the seller is unable to fulfil his obligations under force majeure in a timely manner or not due to force majeure, he shall not be liable for damage suffered by the buyer.
  2. Force majeure shall mean in any event any circumstance which the seller was unable to take into account at the time of entering into the contract and as a result of which the normal performance of the contract cannot reasonably be required by the buyer, such as, for example, illness, war or war danger, civil war and riot, molest, sabotage, terrorism, energy failure, flood, earthquake, fire, business occupation, work strikes, workmen exclusion, modified government measures, transportation difficulties, and other breakdowns in the company of salesman.
  3. Furthermore, force majeure means the fact that subcontractors on which the seller is dependent for the performance of the contract do not fulfil the contractual obligations to the seller, unless this is to be blamed on the seller.
  4. If a situation as intended for this purpose arises as a result of which the seller cannot fulfil his obligations to the buyer, those obligations shall be suspended as long as the seller is unable to fulfil his obligations. If the situation referred to in the previous sentence has lasted 30 calendar days, the parties shall have the right to terminate the agreement in writing in whole or in part.

5, 2015, in New If force majeure persists for more than three months, the buyer has the right to terminate the contract with immediate effect. Dissolution can only be done by a registered letter.


Article 12: Transfer of rights

  1. Rights of a Contracting Party may not be transferred without the prior written consent of the other Party. This provision shall be considered as a clause having legal effect as referred to in Article 3:83, second paragraph, Civil Code.


Article 13: Reservation of ownership and retention

  1. The items present by the seller and items and items delivered will remain the property of the seller until the buyer has paid the entire agreed price. Until then, the seller can rely on his reservation of ownership and take back the business.
  2. If the agreed amounts are not paid in advance or are not paid on time, the seller shall have the right to suspend the work until the agreed part is still paid. This will leave creditors absent. In that case, a late delivery cannot be opposed to the seller.
  3. The seller shall not be authorized to pledge or otherwise object to the matters covered by his reservation of ownership.
  4. The seller undertakes to insure and ensure that the items supplied to the buyer under reservation of ownership are insured against fire, explosion and water damage, as well as against theft and to make the policy available for inspection at first request.
  5. If items have not yet been delivered, but the agreed prepayment or price has not been paid in accordance with the agreement, the seller has the right of retention. The case will not be delivered until the buyer has paid in full and in accordance with the agreement.
  6. In the event of liquidation, insolvency or suspension of payment of purchaser, the obligations of the buyer shall be payable immediately.


Article 14: Liability

  1. Any liability for damage resulting from or related to the performance of an agreement shall always be limited to the amount paid by the concluded liability insurance(s) in the case in question. This amount is increased by the amount of the excess according to the relevant policy.
  2. The liability of the seller for damages resulting from intentional or deliberate recklessness by the seller or his managerial subordinates is not excluded.


Article 15: Obligation to lodge a complaint

  1. Buyer is obliged to report complaints about the work done directly to the seller. The complaint contains the most detailed description of the defect, so that the seller is able to respond appropriately.
  2. If a complaint is justified, the seller is required to restore it properly and possibly replace it.


Article 16: Guarantees

  1. Where guarantees are provided for in the agreement, the following shall apply. Seller guarantees that the sale complies with the agreement, that it will function without defects and that it is suitable for the use that the buyer intends to make of it. This guarantee shall apply for a period of two calendar years after receipt of the purchase by purchaser.
  2. The purpose of the guarantee referred to shall be to establish between the seller and the buyer in such a way that the consequences of a breach of a guarantee are always fully accounted for and risk of the seller and that, in this matter, the seller may never invoke article 6:75 BW.
  3. The said guarantee shall not apply where the defect has arisen as a result of improper or improper use or where , without permission, the buyer or third parties have made or attempted to make or have used the purchased for purposes for which it is not intended.
  4. Where the guarantee provided by the seller relates to a case produced by a third party, the guarantee shall be limited to the guarantee provided by that producer.


Article 17: Applicable law and competent court

  1. Any agreement between the parties shall be limited to Dutch law.
  2. The Dutch court in the district where noacustom is located/holds practice/holds office is exclusively competent to take note of any disputes between the parties, unless the law requires otherwise.
  3. The applicability of the Vienna Convention on Purchase is excluded.
  4. Where one or more provisions of these general conditions are considered unreasonably burdensome in legal pro