General terms and conditions for companies.
Van Batterijservice Nederland BV also trading under the names Batterijservice, Batterijservice.nl, Batterijservice.com, BatterijserviceNL, with its registered office and office in Helmond, Burg. Krollaan 21A.
1.General
These conditions apply to all our quotations, order confirmations, sales, deliveries, executions and all other agreements concluded with us. Deviations from this must be expressly agreed with us in writing. The client/customer accepts these conditions by merely placing an order and/or receiving the delivered goods.
2 . Offers
All our offers/quotes are without obligation.
3. Liability
A. Although we provide our decisions and goods and the work to be developed to the best of our knowledge, we accept no liability for any damage caused by or resulting from use, including, of the product by the client / influenced.
B. We accept no liability for discrepancies in data, etc., provided to us by or on behalf of the clients/purchasers (in execution of the agreement concluded with us). We are not obliged to verify the information received from the client/customer or through him from a third party. We may rely on the accuracy of this. Our client/customer will indemnify us against all possible claims from third parties resulting from unexpected sources.
C. Except in the case of gross negligence, the total liability of the entrepreneur towards the customer, on whatever grounds, per event (where a related series of events occurs as one event) is limited to compensation of a maximum of the amount stipulated for that agreement. price (including VAT). If there is a continuing performance agreement, the indirect liability is limited to compensation of the amount that the side owed to the entrepreneur in the monthly month in which the damage occurred.
D. Liability of the entrepreneur before the customer for indirect damage, including loss of profit, consequential damage, loss of data, missed savings and damage due to business stagnation, cannot be excluded.
E. The condition for the existence of any right to provision is that the customer reports the damage to the entrepreneur in writing as quickly as possible, but no later than within 14 days after the damage occurred.
4. Delivery
The delivery of our products takes place at the location where the means of transport can reach.
5. Price
If, after acceptance of an order, circumstances arise that make it necessary for us to change the price of the goods to be delivered, we have the right to adjust the price accordingly, in which case the client/customer will be entitled to do so within fourteen days after he has become aware of the change, or could reasonably have acquired knowledge, to terminate the agreement.
6. Delivery time
All delivery times are stated by us to the best of our knowledge and ability, but without obligation. The delivery time stated in any order confirmation or given verbally or by telephone will be determined by us as accurately as possible. We are never obliged to pay any compensation due to exceeding the delivery time.
7. Partial deliveries
If the delivery must be made in parts, each delivery will be considered a separate transaction with all its legal consequences.
8. Force majeure
Cases of force majeure such as disruptions in the company and/or during delivery, or at our suppliers and furthermore in any transport obstacle or delay, furthermore the non-delivery of goods by our suppliers, strikes and lockouts, import and export bans or restrictions, fire, accidents, mobilization, war, danger of war, civil commotion, utility regulations or provisions of any government, seizures of any nature whatsoever, as well as all other circumstances, regardless of whether these could have been foreseen at the time the agreement was entered into, which temporarily or permanently prevent or temporarily or permanently prevent the execution of the agreement or make the execution of the agreement considerably more difficult than anticipated,give us the right to suspend or cancel delivery in whole or in part.
9. Emergencies/dissolution
In the event that the other party:
- is declared bankrupt, transfers assets, submits a request for suspension of payments or has all or part of its property seized, dies or is guardianship is placed,
- fails to fulfill any obligation imposed on him by law or these conditions,
- fails to pay an invoice amount or part thereof, including the contribution of his company to a company to be established or already existing, or changes the objective of his company' informs us that he wishes to sell the object in or on which we (must) carry out our work, we have the right, by the mere occurrence of one of the imposed circumstances, either to regard the agreement as dissolved without any judicial intervention being required, or to pay any amount by the other party on the basis of the services provided by us, immediately and without any warning or notice of default being required, in full, all without prejudice to our right to compensation for costs, damages and interests.
10. Advertisements
Complaints about any incorrect deliveries, about the quality of the goods delivered, about the execution of work carried out as well as complaints about the invoice must be reported to us by registered letter within 8 days after receipt of the goods/completion of the work, with an accurate statement of the reason. . After this period has expired, the client/customer is deemed to have approved the delivered goods or the invoice. We do not have to deal with subsequent complaints. If and insofar as a complaint is accepted by us, we will have the choice to still deliver or replace or to abandon delivery entirely. Return of the delivered goods can only take place after our prior written permission, under the conditions to be determined by us.
11. Warranty
With regard to the provision of any warranties on items to be supplied by us, it is expressly reserved that no further warranties will be provided for items that are not manufactured by us than those issued by the actual manufacturer of these items.
1 2. Payment
Unless otherwise agreed, payment must be made without any discount or compensation upon delivery or, if agreed in writing, by deposit or transfer to a bank or giro account specified by us within 30 days of the invoice date. The value date stated on our bank/giro statements is decisive and is therefore regarded as the payment day. If the client/customer fails to pay the purchase price/price for the work/goods to be delivered on the due date, we are entitled to demand an interest compensation of 1% without any notice of default being required.
per month on the outstanding amount from the day after the payment term has expired. In addition, the client/customer will be responsible for all judicial and extrajudicial costs associated with the collection of our claim. These costs include reminder, protest and exchange costs, as well as the costs of legal assistance in connection with the Collection, even if the notification of the claim is part of the compensation of the subdistrict court. The extrajudicial collection costs amount to at least 15% of the amount to be collected with a minimum of Eur.23, excluding turnover tax. We do not have to demonstrate that the collection costs have actually been incurred. If we are forced to file for bankruptcy of our client/purchaser, in addition to the amount owed to us,
13. Agreement
A. For us, a condition for entering into an agreement with a client/customer is the creditworthiness of our client/customer. If circumstances become known to us in any way that cast doubt on the creditworthiness of a client/purchaser, we have the right to immediately cease our deliveries and/or work or to demand security for payment.
B. In the event that the client/customer fails in any way towards us to promptly fulfill his obligations, in the event of cessation of payment, application for suspension of payment, bankruptcy, seizure, assignment of assets or liquidation of the affairs of the client/customer, everything that he owes us under any contract will immediately become due and payable in full. We then have the right to reclaim and retrieve goods that have not yet been paid for, without prejudice to our right arising from breach of contract by the client/customer.
C. The client/customer will be in default due to the mere fact of late payment, without it being necessary to declare default by means of an order, exploit or similar instrument.
14. Retention of title
A. All goods delivered by us, regardless of replacement, stock movements and payments and partial payments, remain our property until the entire purchase price has been paid.B. The client/customer is entitled to resell or process the goods delivered by us in the normal manner, but as long as payment has not yet been made in full for any delivery of goods, the client is not entitled to pledge the goods to a third party or as security to to be served by a third party or to be transferred to a third party as security under any title whatsoever.C. The client/customer who is in default of payment is obliged to return the unsold goods to us upon first demand.
15. Applicable law and jurisdiction
A. Dutch law applies to all our agreements.
B. All disputes that will or may arise between us and our clients/purchasers with regard to these terms and conditions and/or the agreement entered into, will be submitted to the judgment of the competent court in 's-Hertogenbosch, to the exclusion of any other court. However, we expressly reserve ourselves to bring the relevant proceedings before the competent court of the client's/customer's place of residence in such a case.