This Agreement has been drawn up in the Dutch language. In case of discrepancies between the Dutch text version of this Agreement and any translation, the Dutch version shall prevail.
GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY
Article 1: DEFINITIONS
Waterproof Bathrooms: Client:
Waterproof Bathrooms B.V. registered under number 34229442 with the Chamber of Commerce and Industry for Amsterdam and surroundings.
the person to whom the offer is addressed and/or the person who purchases goods/services from Waterproof Bathrooms.
Article 2: Scope
2.1. These general terms and conditions apply to all our offers, quotations and agreements.
2.2. Insofar as not otherwise agreed in an agreement, these general terms and conditions will apply. The general terms and conditions of the client are hereby expressly rejected.
Article 3: Offers, quotations
3.1. All our offers and quotations or other statements, both written and oral, from our representatives and/or employees are without obligation and exclusive of turnover tax, unless stated otherwise. Administrative and writing errors can be corrected at any time. Composite quotations only apply when the total quotation is accepted.
3.2 Images, measurements, weights and other specifications appearing in catalogs and advertisements are only intended to give a general presentation of the designs, goods or services of Waterproof Bathrooms. Minor and non-essential deviations do not entitle the client to compensation or refusal of the purchase.
Article 4: Conclusion of agreement
4.1. An agreement is only concluded after we have confirmed an order/order in writing, or after we have fully or partially complied with an order for delivery or partial delivery.
4.2. Any agreements, commitments and/or changes to the agreement made after the order confirmation are only binding if agreed in writing between the parties.
4.3 Waterproof Bathrooms is entitled to demand the price, an advance or security from the client before proceeding with delivery or execution.
Article 5: Prices
5.1. The prices quoted are for delivery ex warehouse, as referred to in the latest version of the Incoterms established by the International Chamber of Commerce, and are exclusive of VAT.
5.2. The prices quoted are based on prices, wages and levies applicable at the time of the offer or quotation. Changes in exchange rates, wages, cost prices of raw materials, materials, parts, transport, insurance premiums, tax charges, social insurance premiums, import duties and other levies imposed or to be imposed by the government can be passed on until the moment the agreement is concluded.
5.3. Costs of additions and/or changes to the agreement desired by the client after the agreement has been concluded are for the account of the client.
Article 6: Payment
6.1. If it is agreed in writing that delivery will not take place cash on delivery, payment must be made without any discount or settlement within 28 days of the invoice date, either in cash or into a bank account to be designated by us.
6.2. If payment is not received on time, the client owes statutory interest – without any reminder or notice of default being required – from the date on which payment should have been made until the date of actual payment.
6.3. If we proceed to collection, all costs of collection, both judicial and extrajudicial, will be borne by the client, whereby the extrajudicial collection costs are determined at at least 15% of the principal sum to be claimed, with a minimum of € 150.00.
Article 7: Delivery
7.1 Delivery is made from Waterproof Bathrooms in Amsterdam and is COD unless otherwise agreed in writing.
7.2 If the client has delivery by Waterproof Bathrooms, the transport and insurance costs will be borne by the client if the sales value is less than €750.
7.3. In the event that the indicated delivery date or delivery dates cannot be adhered to by us, we will inform the client of this without delay, stating the expected delivery date or delivery dates, without the client having any right to claim compensation in any form. can therefore derive or proceed to dissolution or demand compliance with the agreement.
7.4. If the fulfillment is not fulfilled for more than 2 months after the delivery date specified in the agreement, the client has the right to cancel the agreement in full or for the part that has not been fulfilled, provided that the cancellation per registered letter and it is received by us before the delivery of the goods concerned.
7.5. For the purposes of these provisions, each partial delivery is considered a separate delivery.
7.6. The client is obliged to ensure sufficient loading and unloading facilities and the shortest possible waiting time for delivery.
Article 8: Transfer of ownership
8.1. Until the time at which the client has fulfilled all his payment obligations, the ownership of the delivered goods remains with us.
8.2. The client undertakes not to hand over the goods delivered to him that have not been paid for to a third party or to withdraw these goods from our disposal, in whatever form, before the client has fully complied with his payment obligations to us. In the unlikely event that the delivered goods are not available to us for whatever reason, we have the right to claim a fine from the client to be paid by him in the amount of € 10,000.00, without prejudice to the client’s payment obligation of the entire purchase price. .
8.3. If the client does not, not timely or not properly fulfill its payment obligations, we are entitled to undo what has been done and/or to retrieve the delivered goods from the client without notice of default or judicial intervention.
The client shall provide us with full cooperation by opening the space in which the goods are located, or by handing over the keys that provide access to such space. If the goods are located at a location, rented from a third party or obtained in use in any other way, such that access requires the cooperation of this third party, the client will authorize us to obtain the cooperation of this third party.
8.4. Until the time of payment, the client is obliged to store the goods in a manner that is customary for the delivered goods and which, if we so request, makes them known as our property.
Article 9: Termination / termination agreement
9.1. In the event that one of the parties falls short in the fulfillment of one of its obligations, the other party that has already performed services for the implementation of the agreement is entitled to suspend the obligations not yet performed, or to dissolve the agreement in whole or in part. . Full or partial dissolution must be effected by registered letter without judicial intervention being required.
All claims, whether invoiced or not, will be immediately due and payable as a result of the dissolution, without prejudice to the parties’ right to claim compensation.
9.2. Notwithstanding the provisions of the preceding paragraph, we may cancel the agreement with immediate effect without judicial intervention by means of a written notice wholly or partially terminate or terminate, if the client submits a request for suspension of payment, is declared bankrupt – whether or not at its own request – in the event of termination or liquidation of the work of the client. We will never be obliged to pay any compensation due to such a cancellation or termination.
Article 10: Force majeure
10.1. If the execution of the agreement or assignment is not possible due to a shortcoming that cannot be attributed to one of the parties and the resulting delay will foreseeably last longer than 3 months, each of the parties will be able to terminate the agreement after mutual consultation without the other to owe compensation. This also includes the unavailability of the ordered goods.
10.2. If a shortcoming as referred to in the first paragraph is not attributable to us: Any event or circumstance – even if this was foreseeable at the time of the conclusion of the agreement or the granting of the assignment and/or order – as a result of which the delivery and/or manufacture is made more difficult or impossible, or has such an influence on the production and/or delivery by us, that the fulfillment by us is made so expensive or economically so difficult that the (further) execution of the agreement or assignment on the same terms and conditions cannot be expected of us.
Article 11: Returns, Faulty or damaged goods
11.1. The client can no longer rely on the fact that what has been delivered does not comply with the agreement, if he does not inform us of this within 24 hours of the purchase or delivery date.
Standard, unavoidable deviations in quality, weight and the like are not eligible for complaint unless there is a significant deviation. In the case of invisible defects, the client cannot invoke any shortcoming in the agreement if he does not notify us in writing within 24 hours of discovery of the defects.
11.2. Complaints that reach us after the expiry date of the products, as well as complaints regarding processed or processed products, cannot give rise to compensation or replacement.
11.3. At the request of us, the client is obliged to return the goods about which he complains to us.
11.4. Complaints regarding our invoices must be received by us as soon as possible, but in any case within 2 weeks of the invoice date, by registered letter.
11.5. The submission of complaints/complaints does not release the client from his/her payment obligations in accordance with the provisions of Article 6.
Article 12: Warranty
12.1. In the event that we pass on goods purchased by us to the client, our warranty is limited to the warranty provided by the manufacturer of the said goods.
Article 13: Liability
13.1. If we imputably fail in the fulfillment of the agreement, we are only liable for compensation for the damage that is the direct result of the failure to perform. Any other form of compensation, such as consequential damage, indirect damage, damage due to loss of profit or delay damage is excluded.
13.2. After any right to compensation has arisen, the client is obliged to report the damage to us immediately in writing as soon as is reasonably possible.
13.3. The client indemnifies us against all damage that we may suffer as a result of claims from third parties for compensation, if and insofar as this damage is caused by incompetent use and/or inexpert storage and/or failure to act in accordance with instructions regarding the protection of the quality and / or shelf life of the delivered goods by the client.
Article 14: Returns
14.1. Returns without our prior consent are not allowed. If they do occur, all costs associated with the shipment will be borne by the client. In that case, we are free to store the goods with third parties at the expense of the client or even to keep them at the disposal of the client.
14.2. Return shipments that have not been accepted by us do not exempt the client in any way from payment regulations as referred to in article 6.
14.3. Return shipments are always at the expense and risk of the client.
Article 15: Applicable law and disputes
15.1. Dutch law applies to all agreements to be concluded by us.
15.2. All disputes in matters to which these terms and conditions apply, will be subject to the judgment of the ordinary court in Haarlem, subject to the parties’ authority to provoke decisions by the President of the District Court, pending in preliminary relief proceedings.