General conditions
GENERAL CONDITIONS
Bakker Trailer Parts B.V.
Apolloweg 16
8239 DA Lelystad
The Netherlands Insofar as we have not given a written notice that varying stipulations will be applicable, each and every sale and delivery by us will take place exclusively under the conditions of sale and delivery set out below with which the buyer agrees irrevocably. It goes without saying that in no circumstances will the customer's purchase conditions be applicable. Article 1
All prices and conditions mentioned in our offers/catalogues are without any obligation unless the said prices and conditions have been guaranteed for a certain period and this is evidenced in writing. Customers' orders will only become binding for us after they have been confirmed by us in writing. Copies of order forms written by our agents are not valid as such a written confirmation. Our orders which have been confirmed will be delivered at the prices stated in the order confirmation, however we reserve the right to increase our prices proportionately if between the moment at which the order has been confirmed and that on which it has been delivered the purchase prices, taxes, levies, transport costs, storage costs and insurance charges payable by us with respect to these goods have been increased. Prices quoted by us are exclusive of V.A.T. Delivery periods stated are approximate and can never be regarded as a deadline unless explicitly agreed otherwise. Therefore in the event of delivery being overdue we have to be given a notice of default. Overdue deliveries do not give entitlement to dissolution of the agreement or to compensation. Article 2
Supply occours in the Netherlands and Belgium free house by our stipulating transport occasion. In deviation in the above we preserve the right for at supplies up to and including € 1000.00 (Netherlands) and up to and including € 1500.00 (Belgium) to goods value ex. VAT an allowance for the transport charges to charge. If the supply is outside the Netherlands and Belgium, then we'll always charge the transport charges, unless explicity and in writing the opposite has corresponded. Article 3
Except for deliveries with latent defects, complaints will only be dealt with and compensation be considered if they have been submitted in writing to us within eight days after delivery of the goods. If a latent defect occurs, complaints should be submitted in writing within eight days after the latent defect has been discovered. Each right of recovery - including that resulting from latent defects - will lapse as soon as the customer has had the goods processed in any way, has had them incorporated into a larger object or has disposed of them. For instance a complaint lacks any grounds if the composition of one or more goods has been changed but if these goods still serve their intended purpose. In addition, Bakker Trailer Parts B.V will not be liable for the manner in which the customer uses the goods unless Bakker Trailer Parts B.V has given advice in writing based on the information provided by the customer. All this is without prejudice to the provisions set out in Clause 9.In the event of a complaint being well-founded, we will be entitled at our discretion to provide by way of compensation at the most a replacement without any charge, or to provide repairs or to credit insofar as the delivery was faulty or insufficient. A 5% deviation of the quantity delivered does not give an entitlement to complain. Losses which are the direct result of a well-founded complaint will never be eligible for compensation. Article 4
If we have agreed with the customer that goods will be delivered on call and/or for a certain period, and the customer does not make use of this facility within the period agreed, our obligation to deliver the goods will be cancelled after this period has lapsed without prejudice to the customer paying to us the amount of the invoice of the non-delivered goods.If we can deliver the goods but the customer refuses to take delivery of them or has refrained from supplying us with proper security for payment of the invoice plus additional costs demanded in advance by us, we will hold these goods available for the customer for a period of 30 days, after which the obligation to deliver the goods lapses without prejudice to the customer being obliged to pay the amount of the invoice of the non-delivered goods to us. Article 5
If the supplier cannot meet by not a shortcoming (supremacy in the sense of Article 6:75 BW) its obligations towards customer, the agreement is suspended for the duration of the supremacy situation. If the supremacy of a permanent or long-term is, both parties have the right the agreement in writing dissolve whole or partially. Article 6
In principle invoicing will take place when the goods are despatched; if goods are delivered in parts, we will be entitled to send a separate invoice for each individual part-delivery. If goods are delivered on call, invoicing will take place at the catalogue price less the agreed discount; this discount is cancelled if delivery of the goods in full has not been accepted within the period agreed. The term of payment amounts to 14 days, calculated from the invoice date whereby any appeal to discount or compensation for whatever reason is excluded. We reserve at all times the right to cash payment or shorten the 14 days term of payment or to demand proper security before delivery. As soon as two invoices due and payable have not been paid, the 14 days term of payment will in any event have lapsed and the invoice will be immediately due and payable. In the event of the customer exceeding this period, we will be entitled without any further notice of default being required to suspend any further deliveries to the customer until he has complied with his obligations, while in addition we will be entitled in that case to demand from the customer payment of the statutory interest on the amount of the invoice. In addition, we reserve the right to deem the agreement as dissolved by operation of law and without any prior notice of default being required, with respect to the full performance or part thereof which has not yet been carried out. Article 7
If we have to take extra-judicial measures because the customer does not (within due time) pay or fails to perform any of its obligations, the customer will be fully charged with the costs incurred. These costs amount to 15% of the invoice amount or at our discretion the actual costs incurred. Payments made by the customer serve firstly for settlement of the costs due, next for the settlement of the interest due and after this of the invoices due and payable which have been outstanding the longest, even if the other party has stated that the payment relates to a later invoice. Article 8
If the net amount of the goods exclusive of VAT and transport costs amounts to € 67,50 or less, we will be entitled to impose a surcharge for handling expenses of € 6,75 on top of the invoice amount. Article 9
Goods supplied by us remain our property up to the moment at which payment of all outstanding invoices and/or other amounts due to us has taken place. The customer recognises our right to take back the goods delivered by us if he is wholly or partly in default of his payment obligation. Insofar as we do not supply the goods to the customer's technical specification, we undertake to deliver the goods to the best of our knowledge and ability in accordance with the drawings, specifications, illustrations and technical data to be supplied by us. In the event of this information deviating from the actual goods it does not give the customer any right to complain. The customer is not entitled to use or have used drawings, specifications, illustrations and technical data drawn up by us in order to manufacture similar products as manufactured or supplied by us, either themselves or have them manufactured by third parties by using this information. For advice given by us which results in an order from the customer, we will only be liable if this advice has been confirmed in writing by us and if we are able to recover from our supplier any damages resulting from this and claimed from us. In addition, our liability is in all cases - also in cases beyond the scope of this Clause - limited to not more than the amount of the invoice of the respective goods supplied. We do not accept returns unless we have in advance expressed explicitly and in writing that we are prepared to accept them. In that case the customer will be credited for the goods returned, however the amount to be credited for the goods accepted as returns will be less a 10% charge for our benefit. Article 10
All disputes which might arise as a result of the sale and/or delivery of the goods by us to the customer, will be heard by the District Court Zwolle-Lelystad, insofar as they are covered by the jurisdiction of the District Courts excluding the jurisdiction of any other judicial authority. Dutch law exclusively governs our sales and deliveries. Article 11
Bakker Trailer Parts B.V has composed this catalogue with due care. Nevertheless, some faults may occur in this catalogue or items and/or the composition of the items may have been changed and/or may no (longer) be in stock. Bakker Trailer Parts B.V will not be liable for faults and deviations in illustrations, drawings and specifications of items in this catalogue. Neither is Bakker Trailer Parts B.V liable for the manner of use or application of the items purchased from them. This would be otherwise, if the items had been purchased at Bakker Trailer Parts B.V after Bakker Trailer Parts B.V had given written advice with respect to them and the respective items appear not to be suitable for the application advised in writing by Bakker Trailer Parts B.V. Bakker Trailer Parts B.V liability is in all cases limited to not more than the amount of the invoice of the respective goods delivered and as further detailed in Bakker Trailer Parts B.V Standard Conditions of Sale and Delivery.
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