Article 1: Applicability
1. These general conditions (the conditions) apply to all offers, requests and offers, and to any agreement to supply goods and services by the private company with limited liability Beckx Trading & Co. BV, hereinafter called Beckx Trading & Co. , Having its registered offices in Roermond. Conditions deviating from these general terms are only valid if by Beckx Trading & Co. expressly approved.
2. The applicability of general and / or other (purchasing) conditions of the other party is Beckx Trading & Co. explicitly rejected, unless such conditions or one or more provisions by explicitly writing Beckx Trading & Co. accepted.
3. The party with whom a contract is concluded once under these conditions accepts the applicability of these conditions on subsequent contracts.
4. Accepting an offer or placing an order implies that you accept the applicability of these conditions.
5. All rights and claims, as in these Conditions, and any further agreements for Beckx Trading & Co. are stipulated, are also stipulated for by Beckx Trading & Co. . intermediaries and other third parties.
Article 2: Conclusion
1. Making an offer by Beckx Trading & Co. is permissive and connects her to deliver the goods. If the tender otherwise indicated, is not longer than fourteen (14) days. Offers made from stock always subject to intermediate sales.
2. The first agreement is reached, so Beckx Trading & Co. The command has confirmed in writing to the other party, or Beckx Trading & Co. has commenced with the actual implementation, within four weeks after placing the order. Similarly, agreements entered into by agents, business travelers and / or other intermediaries, bind Beckx Trading & Co. before that agreements Beckx Trading & Co. written acknowledgment. Alternatively Beckx Trading & Co. one actually has started the implementation.
3. For misunderstanding, corruption, delay or improper receipt of order information and communications resulting from the use of Internet or other communication in the communication between you and Beckx Trading & Co. , o r between Beckx Trading & Co. and others, as it relates to the relationship between you and Beckx Trading & Co. is Beckx Trading & Co. not liable, unless and insofar as there was on purpose or by gross negligence Beckx Trading & Co.
3. Changes regarding the agreement will be effective only if in writing between Beckx & Trading Co. and the other party agreed.
4. Beckx Trading & Co. is competent in the execution of your order (s) using third parties.
Article 3: Delivery, retention and risk
1. The indication of the delivery time is always approximate and is not considered fatal, unless expressly stipulated otherwise. Exceeding a delivery does not entitle you to compensation.
2. Unless expressly agreed otherwise in writing are the warehouses of Beckx Trading & Co. (In Roermond) place of delivery.
3. By Beckx Trading & Co. delivered goods remain the property of Beckx & Trading Co. until the other party with all his obligations under any Beckx Trading & Co. completed contract been fulfilled:
- The consideration for the services themselves or to be delivered;
- Any claim for non compliance by the other party Beckx Trading & Co. agreement.
4. The liability and risk on the Beckx Trading & Co. going to be delivered to the other party at the time of delivery of those issues to the other party.
5. If the force majeure condition lasts longer than 30 days, both Beckx Trading & Co. and the buyer the option to terminate the agreement in writing, after which both parties are relieved of their obligations to each other and any payments already made will be refunded.
6. The delivery of the products made at the place and when the products are ready for shipment to you
7. Beckx Trading & Co. is entitled to deliver goods in installments to come. The extra cost of the subsequent delivery by Beckx Trading & Co. worn.
8. You should all intellectual and industrial property rights attached to the Beckx & Trading Co. BV products delivered unconditionally respect.
9. For deliveries abroad to the following provisions:
- We reserve the right of ownership of the delivered goods until all claims that we, based on what action whatsoever against the business or undertaking will still get paid in full.
- We assist our customers by selling via the usual way business revoked again. This right expires if the payments stop put. The customer shall already now all claims with ancillary rights in respect of which it does by selling to us. The transfer of these assets is to secure all rights mentioned in Article 3.5.1. The customer can collect the assigned claims, as we have not withdrawn this authorization. Authorization to recover deleted without explicitly withdrawn if the customer stops payments. At our request, the customer irrevocably us to communicate to whom goods are sold and what they claim this to the buyer. He is at his own expense certified documents for us to show that the claims be transferred to us. - The customer is not allowed otherwise in respect of the subject property which are owned or co ie on the claims assigned to us. Seizure of property rights or other restrictions on us the whole or part objects are owned by the customer directly to us to be communicated.
- We have at all times the right to recover goods belonging to our demands, if the customer in respect of payments in default or his assets are substantial deviations worse. If we make the right is, other mandatory statutory provisions and without affecting, only to withdraw from the contract provision, if we expressly declare.
- If the value of the collateral for our progress on our existing customers with more than 20% limit, we will at the request of the customer's choice of our securities released.
Article 4: Information
1. Upon request of Beckx Trading & Co. other party is obliged to Beckx Trading & Co. to notify its appropriate tax - identification number and the name under which the other party to the taxing authorities registered.
2. If you Beckx Trading & Co. writing of an address, Beckx Trading & Co . entitled to that address to send all orders, unless you Beckx Trading & Co. writing of another address to which your orders are to be sent.
Article 5: Prices
1. The listed prices for the products and services are in Euro's job, including VAT, any taxes and / or other charges, unless otherwise stated or agreed in writing.
2. Unless otherwise stated, prices are based on the quotation or order in force date of the purchase amount, salaries, wages, social security and government expenses, freight, insurance premiums and other costs.
3. In case of increase of one or more cost factors Beckx Trading & Co. the right order to raise prices accordingly, and one in compliance with relevant existing laws, provided however that the future known at the conclusion of the contract price should be indicated.
Article 6: Security
Beckx Trading & Co . is entitled to deliver or forward all the supply performance of the contract or otherwise to continue, it considers adequate security for performance of the other party to claim fulfillment of obligation.
Article 7: Advertising
1. The other party must by Beckx Trading & Co. delivered goods on delivery, or as soon as possible (and within 24 hours thereafter) to (leave) studies. The other party is taking into consideration whether the goods supplied to the agreement, namely:
• whether the correct goods have been delivered;
• whether the goods delivered in terms of quantity (eg number and volume) consistent with what was agreed;
• whether the goods delivered meet the agreed quality, at least, if not specifically agreed to the demands that may be made for normal use and / or normal use.
Since we import products from other countries, small design and / or color alterations.
2. Defects are found, then the other party in this (8) eight days after delivery or installation writing Beckx Trading & Co. to report.
3. If signs are recognized as valid, to be determined by Beckx Trading & Co. Then Beckx Trading & Co. or repair defective or set off the net invoice amount.
4. Complaints concerning invoices must also be submitted in writing and within (8) eight days after the date of the invoices.
5. The submission of advertising does not relieve the other party of its obligations under the agreement with Beckx Trading & Co. .
Article 8: Guarantee
1. Beckx Trading & Co. it only ensures that the delivered goods have the characteristics necessary for normal use, as well as the characteristics needed for any particular use, which use explicit in the agreement with Beckx Trading & Co. is provided.
2. The guarantee does not apply if the warranty covers matters that, not under their orders or to injudicious or used, use rules have been followed, improper repairs are made, changes are made or number or plombes are maimed or removed.
3. If guaranteed by Beckx Trading & Co. provided, amounts to the warranty, unless explicitly agreed otherwise, the number of months during which the manufacturer may guarantee provided, however, never more than the legal warranty.
4. Under the guarantee provided by us in respect of goods which are located outside the Netherlands, we can only be held liable for the cost of repair or replacement up to the amount that these costs would have amounted to implement in the Netherlands.
5. Cases where the guarantee is invoked by the other party may only be returned with prior authorization from Beckx Trading & Co.
6. The things that are returned must have the original by Beckx Trading & Co. invoice issued to the other party together with any attachments, fully detailed guarantee or warranty certificate and a clear description of the complaint.
Article 9: Liability
1. Not in time and / or improper delivery and the improper functioning of the goods delivered, the other party is not entitled to compensation and / or termination, provided he is overdue on the part of Beckx Trading & Co.
2. Without prejudice to its further rights does Beckx Trading & Co. If it is prevented by force majeure to perform the contract or time to carry out the execution of the contract the right to suspend or agreement to terminate all or part to choose Beckx Trading & Co. without Beckx Trading & Co. to any compensation or otherwise bound.
3. Force majeure on the side of Beckx Trading & Co. would include any where Beckx Trading & Co. after the conclusion of the contract prevented its obligations under this Agreement to comply because of war, threat of war, civil war, insurrection, acts of war, fire, water damage, flood, strikes, sit-ins, exclusion, import and export restrictions, government measures, machinery malfunction , disruptions in the supply of energy, both in business all of Beckx Trading & Co. As with others of whom the seller or the necessary raw materials in whole or in part must include, as in storage or during transportation or not in-house and also by any cause beyond the debt or risk of Beckx Trading & Co. arise.
4. Liability of Beckx Trading & Co. for indirect damages, including consequential damages, lost profits, lost savings and damage due to business interruption is excluded.
5. The total liability Beckx Trading & Co. grounds of breach in the performance of an agreement with the other party is limited to direct damages up to £ 500, --
6. The liability of Beckx Trading & Co. grounds of breach in the performance of a contract arises only if the other party Beckx Trading & Co. promptly and properly in default in writing, stating a reasonable period for remedying the deficiency, and Beckx Trading & Co. after that period attributable to the fulfillment of its obligations continuing, to fail. The notice must give as detailed a description as possible of the shortcoming, so Beckx Trading & Co. able to respond adequately.
7. The other party indemnifies Beckx Trading & Co. include all claims of third parties concerning the Beckx Trading & Co. delivered goods.
Article 10: Dissolution
Beckx Trading & Co. is entitled, without prejudice to their rights to compensation for costs or damages and interest, the agreement in whole or in part, without notice or judicial intervention with immediate effect if:
A. suspension of payment to the other party is granted;
B. on the other party is sought bankruptcy;
C. the other party dies or is placed under guardianship;
D. The party goes on strike, liquidation or transfer of its business, or proceeds to change the objectives of its business;
E. seizure of all or a portion of the assets of another party or;
F. the other party any obligation under this Agreement or the law fails;
G. the other party fails an invoice amount or a portion thereof within the prescribed period of time.
Article 11: Suspension Law
If and until the other party does not, not properly or timely fulfill any obligations to her with the Beckx Trading & Co. agreement or a related agreement arises, has Beckx Trading & Co . the right performance of its obligations under this agreement to suspend.
Article 12: Payment
1. Unless otherwise agreed, payment, so the choice of Beckx Trading & Co. Or net cash on delivery, either by deposit or transfer to a Beckx Trading & Co. designated bank or giro account, within (10) ten days after the invoice date, without discount or compensation.
2. Beckx Trading & Co. . is at all times entitled to use its right of setoff.
Article 13: Interest and charges
1. If payment is not made within the period specified in Article 12 has occurred, is in default and counterparty Beckx Trading & Co. right on the due amount, in addition to the applicable statutory rate, a rate of 2% to the other party to charge.
2. All judicial and extrajudicial costs borne by other party. The extrajudicial collection costs amount to at least 15% foreign 20% of the principal owed by the other party with a minimum of £ 125, -
Article 14: Cancellation
1. If a Beckx Trading & Co. assignment accepted by the other party is canceled, Beckx & Trading Co. entitled, provided that cancellation is accepted by her, a liquidated damages to charge 30% of the invoice amount, plus any costs incurred by suppliers to Beckx & Trading Co. charged.
2. Beckx Trading & Co. accepts liability claims on its party, in particular distributors or other resellers of Beckx Trading & Co. products, for whatever reason whatsoever and in particular under product liability.
3. The other party indemnifies Beckx Trading & Co. claims on its resellers of Beckx Trading & Co. products, for whatever reason whatsoever and in particular under product liability.
Article 15: Personal
1. Beckx Trading & Co. survive the legislative requirements relating to the protection of personal data as defined in the Personal Data Protection Act after. If the other party she or her personal data to access, correct or delete it, then the other party to this Beckx Trading & Co. contact Beckx Trading & Co. the other party the required information and, if desired by the other party, adjust the data for the other party.
2. The information provided by other party by Beckx Trading & Co. used to process the agreement. Data are taken in one file.
Article 16: Evidence
1. To determine the extent of the payment obligations of the other party, the administrative data Beckx Trading & Co. decisive save in the other party to provide rebuttal.
2. Subject to proof to apply between Beckx Trading & Co. and her party on the bill of lading listed numbers, sizes and weights as correct.
3. If under a Beckx Trading & Co. agreement Beckx Trading & Co. to the other party a letter is sent or a notification is made, the objective effect arises at the time of delivery at the post, even if not the letter or notice received by the addressee or have been taken.
Article 17: Applicable law and disputes
1. All offers, transactions and the Beckx Trading & Co. agreements with the other party, is provided in these terms not otherwise provided exclusively by Dutch law. The force of the CISG is excluded.
2. Where Beckx Trading & Co. during any period of time whether implied deviations from these Conditions, this shall not affect its right to demand immediate and strict compliance with these Conditions. You can never assert any right under that Beckx Trading & Co. these conditions flexibly.
3. All disputes related to and / or arising from these terms and conditions and / or contracts to which these general conditions apply, will generally be tried by the competent court in Roermond, but Beckx Trading & Co. keep to themselves the right to submit any disputes to the appropriate court where the party's general office.
4. If one or more of the provisions of these Conditions or any other agreement with Beckx Trading & Co. in conflict with any applicable legal provision, the provision will lapse and will be replaced by a Beckx Trading & Co. adopt new legally permissible comparable provision.
