Staalkabel Benelux BV
TERMS OF SALE AND DELIVERY Staalkabel Benelux BV
I. Orders: Our offers are without engagement with regard to price, amount, time and possibility of delivery .
Orders and alterations of the following general terms of sale and delivery contained in the delivery contract, need the written confirmation of the seller. Alterations only apply to the transaction which they have been agreed for.
2. Delivery: If not agreed otherwise, the buyer chooses the means of transport and the way to be taken. The goods are forwarded at the risk and cost of the buyer. even if the delivery is free destination. The date of delivery is the day when the goods leave the works or the storage in transit or are put to the disposal of the buyer and ready for shipment.
3. Interruptions or delays of delivery: In case of delays of delivery the buyer has to extend the time of delivery reasonably by at least 4 weeks. After a futile expiration of this period the buyer can terminate the contract. Acts of God of any kind, official measures, unforeseen operational difficulties, shortages of raw materials and supplies or other obstacles for the production or delivery are folIowed by a reasonable extension of delivery time. If in these cases the agreed time of delivery of more than 4 weeks is exceeded, both parties have the right of withdrawal from the bargain, if the goods have not been forwarded yet. Claims for damages are not admitted.
4. Quality: For al deliveries goods of merchantable quality are regarded as agreed. The quality level stated in the confirmation of order is considered as decisive for the execution of the order. Deviations in colour and quality customary in trade are reserved with respect to the raw material not always being the same.
s. Quantity: As to the amount of delivery deviations of up to 10% are admissible. Calculation is carried out according to the amount of delivery stated in the supply plant.
6. Pricing: Calculation of prices is carried out by taking the current costs (prices for material, wages, salaries, exchange rate when prices are calculated in other than Dutch currency) valid on the day of submission of offer or placing of the order respectively as a basis. Subject to the legal provisions the value added tax is put to
account separately or additionally (respectively). The supplier reserves the right to correct the prices, if the basis of costs changes until the day of delivery .
7. Invoices are due after receipt plus the calculated value added tax. From the date of maturity we charge the current interest for deposit credits.
Payments are always used for settIement of the oldest accounting unit plus the accrued arrears on interest.
If there arise losses on the exchange rate when converting and transferring amounts of money having been paid into or deposited in the bank or an official account in the national currency by the buyer. the buyer is obliged to make an additional payment of up to the equivalent amount of the agreed currency.
8. Currency clause: If the exchange rate between the currency agreed upon in the contract and the currency of contract in the country of the partner to the contract deviates by more than 5% from the exchange rate of the day when the contract was concluded, the due amount has to be corrected in such a way that the seller does not suffer any damage from the changes of the currency parities.
9. Bills are only accepted as payment on the basis of an expressive agreement. The cost of discounting and cashing is born by the orderer. Credit of bill and check are subject to redemption.
10, Title retention: Until complete payment of all our claims and settIement of any possible current account balance debited to the buyer, all delivered goods remain the property of the seller. The buyer, however, has the right to dispose of the goods incidental to the normal operation of the business. Retention of title also comprises the processed products -in so far the buyer is seen as the custodian for the seller. The seller has to be informed immediately in case of a seizure by a third party of the goods under retention of title.
If the purchasing price is paid by check or bill, obligations of the buyer, including those arising from a current account balance, are only regarded as paid, if and .as soon as the checks or bills have been honoured.
11. Protective rights: For want of deviating agreements the supplier is not responsible with regard to the orderer that any protective rights of a third party might be violated through the delivered goods.
12. Guaranty: We guarantee two months for the use of flawless rnaterial and professional workmanship. We are not liable for indirect or consequential damages, for damages resulting from wear and tear or circumstances outside the normal operational conditions. There is no time guarantee for the durability, nor is there an efficiency guarantee for the productivity.
13. Consultation: Our oral and written advice is without obligation and does not free our customers from checking themselves. to which extent our products are suitable for the intended techniques and purposes. We do not take any responsibility for the applicability of our deliveries for any special purpose. The fact that the orderer complies with special directives which are not checked by us, does not oblige us in any way.
14. Liability: There is no product liability for material damage pursuant to § 9 (Product Liability Law). If the goods are sent on to a contractor (person not being the consumer), the above named liability clause is to be applied to him for any further consumer. Incase of a violation of this clause the buyer undertakes to indemnify and not to sue the seller in the event of implementation because of product liability for material damage of the contractor.
15. Complaints: Complaints can only be considered if they are received in writing eight days after receipt of the goods at the latest.
Notice of material defects is not admitted after treatment and processing of the goods. Only on return of the rejects after reasonable complaints in due time the buyer has the right of replacement deliveries. Liability for notice of material defects can only be undertaken. if the supplier is immediately informed of the claimed damage so that he has the chance of an inspection. Any further claims, i.g. damage claims, rehibition. abatement or withdrawal are not accepted.
16. Place of contract and jurisdiction: The provisions of Dutch Law apply for this contract. Place of contract and jurisdiction for any claims arising from this contract is Alkmaar. The seller. however, is entitled to assert his claims also at the general jurisdiction of the buyer .
17. Use of trademarks: The use of the sellers trademarks by the buyer needs ‘the previous written approval by the seller.
18. Cancellation and returns: Cancellation of verbalor written orders entitles us to charge you with a counterbalance and handling charge.
For orders not yet taken up the counterbalance commission amounts to 5 % of the value of order. If ordered goods have been worked on or dispatched, 15 % of the order value will be charged. For unfounded returns the costs for reshipment may be charged additionally.
AII deliveries and performances are carried out according to the terms stated below if not expressively agreed upon otherwise in writing. Deviating conditions on the part of the customer do not change our terrns of sale. If any of our conditions are altered in writing, all the other unchanged conditions still remain binding for both parts. AII agreements by our representatives are only applicable after a written confirmation of acceptance. Anyone who has bought earlier from our company is assumed to have taken knowledge of these terms. If goods from another manufacturer are bought through our company their terms of sale- and delivery are applicable if they are exceeding our terms.