Terms & Conditions

1. General Divergences from these Terms of Sale – in particular the application of the buyer's terms of supply – will not be recognised save with our express written acknowledgement. Our quotations are without obligation. Orders are binding on us only when we confirm them in writing or fill them by sending the goods. The trademark rights of third parties must be respected when using the goods. Cancellations within 14 days are free of charge, after which we will make an administration charge of Euro 150.00.

2. Delivery The goods are packaged in accordance with industry practice and are shipped at the expense and risk of the recipient. In the absence of any specific agreement, the route of shipment and means of transport shall be at our option. We will endeavour to take into account the purchaser's wishes and interests as regard the method and route of shipment. Any additional cost incurred as a result – even where delivery is otherwise agreed to be carriage paid – shall be charged to the purchaser, but for non-business people only in so far as delivery takes place more than 4 months after conclusion of the contract. Where an agreed delivery time is culpably exceeded, default in delivery shall apply only after a reasonable period of grace has been allowed. Even when they occur at our suppliers, we are not required to make up for late deliveries, even where binding deadlines have been agreed, unless those delays were foreseeable and the default is the result of gross negligence. Where the purchaser is in arrears with any obligation, our duty to deliver shall be suspended.

3. Charges In the absence of any agreement to the contrary, our deliveries are ex-works, without packaging, plus statutory value added tax. Where delivery is agreed to be carriage paid, the prices quoted by us are based on the freight rates and supplementary charges applicable at the time of the offer. They will therefore be adjusted for the benefit or expense of the supplier for changed freight rates and incidental charges, insofar as is permissible for our delivery, without the purchaser thereby being entitled to cancel the contract.

4. Force majeur Events of force majeur – which shall be deemed to be circumstances and events that proper management could not have avoided with due care – shall suspend the parties' contractual obligations for the duration of the disruption and to the extent of its effect. Should the delays thereby arising exceed a period of 12 weeks, either party to the contract shall be entitled to cancel the part of the contract whose performance is affected.

5. Payment Deliveries abroad will be supplied only against payment in advance Our invoices are due and payable without deduction at once!! Should the time allowed for payment be exceeded, then, without prejudice to any further claim for damages, interest will be charged at the normal bank lending rate, at least 2% above the Centrale bank van Nederland. Discount rate from time to time, unless the purchaser proves some lower loss. In the event of late payment and reasonable doubt about the purchaser's creditworthiness or ability to pay, we are entitled – without prejudice to any of our other rights – to demand security or advance payments for outstanding deliveries and to call in all claims resulting from the business relationship. Only undisputed and legally binding claims shall entitle the purchaser to any offset or retention of payment.

6. Warranty All information about the suitability, manufacture and use of our products, technical advice and other information are to the best of our knowledge. However, this does not relieve the customer from carrying out his own inspections and trials. On receipt, the customer must examine the goods received forthwith – wherever reasonable including a trial operation – for defects in respect of their quality and fitness for purpose, otherwise the goods shall be deemed to have been accepted. Complaints by a businessman will only be entertained if they are made in writing immediately after their discovery. Complaints must be made in writing or by telephone within 8 days. Our warranty obligation is limited, at our option, to delivery of a replacement, repair, exchange or a reduction in price. Goods about which a complaint has been made may only be returned with our express approval.

7. Retention of title Until our claims arising from the business relationship with the purchaser have been paid in full, the goods sold shall remain our property. The purchaser is entitled to dispose over the goods sold in the normal course of business. By way of security, the purchaser shall assign to us any claims against third parties arising from selling on by a businessman, either in full or in the amount of any share of joint property we may have (c.f. clause 9.2). He shall be entitled to collect them on our behalf until such time as they are cancelled or his payments are suspended. Neither is the purchaser entitled to assign such claims for purposes of collecting receivables by means of factoring, unless at the same time as the factor's obligation is established, counter-performance in the amount of our share of the claim is immediately made to us so long as we still have any claims against the purchaser. Attachment of goods and claims belonging to us by third parties must be reported to us immediately by registered letter. The goods and the claims acting in their stead may not be pledged to third parties, or assigned as security or conceded until our claims have been paid in full. Should the value of the securities exceed our claims by more than 20%, we will, at the purchaser's request, release securities of our choice to that extent. Exercise of the retention of title shall not mean cancellation of the contract.

8. Place of performance and jurisdiction The place of performance of delivery is the place of departure of the goods from time to time, and of payment Zevanaar. If the purchaser is a businessman, the competent court is Zevenaar. The law of the Netherlands shall be of exclusive application.