Terms and Conditions Gebr. de Boon BV.
Article 1. Applicability
A. These conditions apply to all offers, agreements and deliveries of Gebr. de Boon BV. References by other parties to their own conditions are not accepted by Gebr. de Boon BV.
B. The other party once been entered into these terms and conditions shall be deemed tacitly to the applicability of these conditions later with Gebr. de Boon BV contracts are agreed to.
Article 2. Offers
A. All offers whether on special offer, price lists, catalogs or stock statements or otherwise are made, are not binding.
B. All agreements, even if and when they by whether or not employed by Gebr. de Boon BV agents being entered, only become effective after it by Gebr. de Boon BV, or by an expressly authorized to do so confirmed in writing or orally , or have been carried out without prior order confirmation.
C. The engagement letter is correct and agreement were deemed unless within 5 days of the dispatch of Gebr. de Boon BV received written objections.
D. If the other party expressly requests the submission of an offer, but the order to which the tender has not made within two months, to the extent customary costs Gebr. de Boon BV had to make in order to provide the tender will be charged.
E. Drawings, calculations, descriptions and attachments relating to an offer shall be deemed to form part of this offer and remain the property of Gebr. de Boon BV. They may be copied without express permission or in other ways never reproduced, shown or given to third parties, published or used and should be returned immediately to our request.
Article 3. Amendments to the Agreement
A. If, after the assignment, are still required changes to their implementation, they must timely notify Gebr. de Boon BV to be.
B. Changes made in an order issued may result in the changes agreed before delivery is exceeded by Gebr. de Boon BV. Such delays Gebr. de Boon BV has no responsibility.
Article 4. Execution of the agreement
Gebr. de Boon BV is entitled, without the consent of the other party to the contract or parts thereof outsource to whether to carry through not in its employ third parties that, if it promotes good efficient execution of the contract, unless this is contrary to the nature of the contract.
Article 5. Prices
A. The Gebr. de Boon BV prices are exclusive of VAT and other government charges the transaction.
B. The prices of Gebr. de Boon BV are calculated for delivery to business or house party where use can be made of fixed routes and including packaging.
C. Quotations are only made on the basis of the time of conclusion of the contract current prices.
D. If, after the conclusion of the match-arrival prices of materials, ground materials or semi-finished products, wages, premiums of any kind, freight, taxes, exchange rates and / or other factors, the price of the goods or services co-determination, subject to change, is Gebr. de Boon BV authorized these changes to the other party accordingly calculated by.
E. If this price increase occurs within three months after signing the agreement, the other party of his hand, shall be entitled, provided in writing within three days after learning notified of the price increase on Gebr. de Boon BV to take back the assignment and to suffice compensation for the services already rendered, based on the prices prevailing before the increase.
F. The provisions E. This article does not apply to price increases which Gebr. de Boon BV under statutory provisions mandatory or jurisdiction.
G. Agreements relating to the supply of books in accordance with the Law on Fixed Book, the following applies. The other party is obliged to observe the provisions of the Law on Fixed Book. The other party indemnifies Gebr. de Boon BV for all damages suffered if the Gebr. de Boon BV by Gebr. de Boon BV failure of the other party in this respect by third parties (including the Commissioner is to charge for the Media) is addressed.
Article 6. Delivery
A. Delivery times are non-binding and are only approximate indicated. Exceeding the delivery time can never claim to damages, unless the other party has explicitly stated that there is a deadline, or so it is clear from the agreement.
B. The risk of loss and / or damage to the goods passes to the re-match when the goods leave the warehouse of Gebr. de Boon BV, unless verhaal¬baar the “all-risk” insurance of transport Gebr. de Boon BV.
C. If by Gebr. de Boon BV sold goods or services offered are not accepted by the other party for reasons which are not risk Gebr. de Boon BV, they are available for three weeks. Cases are recorded during this period at the expense and risk of the counterparty. After said period, Gebr. de Boon BV either the right either to demand fulfillment of the contract or this without judicial intervention, without prejudice to the right to compensation.
Article 7. Guarantees
A. Gebr. de Boon BV is entitled Before the activities begin or therewith go by and before delivery or supply to continue to require sufficient security fulfill payment obligations of the other party too.
B. If the required security is not adequately established or the legal status of the party has changed, Gebr. de Boon BV has the right to take back the agreement without judicial intervention, wholly or partially dissolve and already delivered and processed matters, without prejudice to the Boon owe future rights to payment of the amount upon termination of the contract.
Article 8. Payment
Payment must, without any deduction or set-off, within 30 days after the invoice date by bank transfer on a Gebr. de Boon BV to be designated bank account. Full or partial payment may be required.
Article 9. Default
A. If the other party does not in time, do not properly or only partially has fulfilled its payment obligations, or to any other provision of the overeen¬komst, is seized at its goods, requesting suspension of payment or debt or if his bankruptcy is filed, it is legally considered to be in default and the total amount of Gebr. de Boon BV without warning or notice -no matter earlier term agreements regarding payment- immediately due and payable.
B. The lower A. That amount is increased calculated with delay interest rate of 2% per month from the date of maturity (a part of a month for a charging whole month) over the gross invoice amount, up to the point of time of payment in full.
C. In the classes referred cases Gebr. de Boon BV optionally also the right implementation of the current agreements to suspend or such on the part of Gebr. de Boon BV without judicial intervention to dissolve, so no obligation to pay any compensation to the party.
D. When Gebr. de Boon BV is forced an unpaid bill to provide for collection of hands Gebr. de Boon BV entitled to the debtor to request compensation in respect of interest and extrajudicial collection costs. The extrajudicial costs are equal to 15% of the outstanding amount of principal.
E. Partial payments are first settled with collection costs, then with interest and, moreover, of the principal outstanding.
Article 10. Retention
A. Gebr. de Boon BV delivered property of the Gebr. de Boon BV continue until the other party of its obligations, including interest and costs, all with Gebr. de Boon BV agreements fulfilled.
B. By Gebr. de Boon BV Goods delivered pursuant A. under the title falling may only be sold as part of normal business. Incidentally, the other party is not entitled to the business pledge or any other right to draw.
C. If the counterparty obligations fails or there is reasonable fear that he will not do so is Gebr. de Boon BV entitled delivered goods to which it referred A. retention of title to the other party or third parties in the case for the other party to take back. The other party is obliged to provide all cooperation under penalty of a fine of 10% of the payable by him per day.
E. If a third party entitled to under retention delivered to establish or exercise, the other party is obliged Gebr. de Boon BV as soon as reasonably may be expected to inform.
F. The other party shall first request:
– insure the goods delivered against sound to indicate usual risks and the insurance policy available for inspection;
– all claims of the other party on insurers with regard to the under retention delivered to pledge to Gebr. de Boon BV in the manner prescribed in Art. 3: 239 BW – the progress of the party towards its customers by reselling under retention by the pledge Boon delivered to Gebr. de Boon BV in the manner prescribed in Art. 3: 239 BW – the brands under retention delivered goods as the property of Gebr. de Boon BV – in other ways to provide assistance to all reasonable measures Gebr. de Boon BV to protect its proprietary rights to the business will take
Article 11. Force majeure
A. Gebr. de Boon BV is not liable for not incorrect or late execution of contracts, if that is the result of force majeure. By force majeure in the sense of non-attributable failure is in this context to mean any of the control of Gebr. de Boon BV independent circumstance that the performance of the agreement permanently fixed by its or temporarily, as well as – if not already available, such a circumstance yielding – serious breakdowns in the production, war, riots, epidemics, natural disasters, fire and other disasters, transport problems, strikes, lockouts, governmental measures, insofar as these conditions directly affect the proper performance of the contract.
B. If fulfillment by Gebr. de Boon BV or is temporarily impossible, it is entitled to terminate the implementation of the agreement to suspend until the circumstance which constitutes force majeure no longer exists or the agreement (out of court).
C. If compliance by Gebr. de Boon BV permanently impossible, the other party shall be entitled to terminate the agreement provided in writing within 8 days after learning of Gebr. de Boon BV notified in writing and under the obligation of Gebr. de Boon BV to take off and to compensate him for the executed portion of the order. The same applies where the performance will take longer than four weeks.
Article 12. Liability
A. Gebr. de Boon BV is not liable for any damages of any kind whatsoever to the other party. If Gebr. de Boon BV under any legislation would still be required to do so, then, this obligation, the amount of the relevant invoice sent by the Agreement do not exceed.
B. The liability of Gebr. de Boon BV extends in any case not further than to the amount for which it is ensured, or, if it has not taken out insurance in respect to the amount for which an operator of a company as that of Gebr. de Boon BV tends to make to ensure.
C. Gebr. de Boon BV always has the right to make the other party damage undone.
D. The other party is obliged to indemnify indemnify respectively Gebr. de Boon BV in respect of all third party claims for damages, for which liability Gebr. de Boon BV in these conditions is excluded in the relationship with the customer.
Article 13. Complaints
A. A party that is not satisfied by Gebr. de Boon BV delivered to 7 days after receipt of the written objects or completion of that work to make a complaint, under penalty of loss of rights.
B. Returning the delivered goods can only take place after prior written consent of Gebr. de Boon BV, underneath Gebr. de Boon BV conditions to be determined.
C. If the complaint proves to be justified, Gebr. de Boon BV will arrange for replacement of the goods or work performed or for refund of monies paid minus the costs incurred.
D. complaint with respect to the bill can be submitted in writing for 7 days after the invoice date.
E. The point A certain does not apply if there is only a slight deviation from what has been agreed upon. In assessing whether a delivery differs beyond the permissible limits, an average of the supply must be taken: there can be no rejection occur on single pieces or units.
Article 14. Limitation period
All claims of the other party shall lapse if it is not, after one year (counting from the day the goods were delivered or should have been delivered or from the day the work was completed or should have been completed ) is set.
Clause 15. Dispute
A. All agreements to which these conditions have wholly or in part, is the Dutch law.
B. Disputes will be settled by the competent court in the district where Gebr. de Boon BV is located.
These terms and conditions are filed with the Chamber of Commerce in Tiel.