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General terms and conditions of sales
1. General
1.1. These general terms and conditions apply to all the Supplier’s quotes and all agreements that the Supplier reaches with a Buyer.
1.2. Exceptions to these general terms and conditions of sale are only possible if and insofar as they have been agreed explicitly in writing.
2. Offer and acceptance
2.1. All of the Supplier’s quotes, irrespective of the format, are without obligation, unless they stipulate a period of acceptance.
2.2. If a Supplier’s quote stipulates an offer without obligation and the Buyer accepts this quote, the Supplier has the right to withdraw the offer within 3 working days after receipt of the acceptance.
3. Deliveries
3.1. All deliveries are “Ex Works” as referred to in the ICC Incoterms 2000 of the International Chamber of Commerce. Among other things, this implies that the products are for the Buyer’s account and risk from the moment they leave the Supplier’s factory or warehouse for transport or shipment.
3.2. The Supplier is allowed to deliver the agreed quantities in batches. Every partial delivery shall be considered as a separate agreement.
3.3. The agreed delivery period is not the ultimate deadline. In case of a late delivery, the Supplier needs to be declared ‘in default’ and given a reasonable period to still meet the conditions of the agreement. If this period is also exceeded the Buyer is only allowed to dissolve the agreement for the quantities that have not yet been delivered.
3.4. The Buyer shall purchase the products within the agreed period after the Supplier has notified the Buyer that the products are ready for delivery. If the Buyer does not purchase the products within the agreed period, or the Buyer has failed to provide the necessary information for transport or shipment of the products on time, the Supplier has the right to store the products for the Buyer’s account and risk without prejudice to the Seller’s right to claim damages.
3.5. If the Supplier took care of the transport or the shipment of the products, the Supplier is deemed to have done this in the Buyer’s name and for the Buyer’s account and risk.
4. Payment
4.1. All payments need to be made within 30 days after the invoice date and shall be considered to have taken place when the invoice amount is in the Supplier’s account.
4.2. If the agreed quantities are delivered in batches, the Supplier is allowed to invoice in batches too.
4.3. All payments are to be made without discounts or deductions.
4.4. Supplier may charge 3% extra costs to Buyer. If Supplier charges 3% extra costs, it will show explicitly on the invoice. Buyer is allowed to deduct the 3% extra costs shown on the invoice, if payment of the invoice is made within 30 days as per article 4.1.
4.5 Supplier reserves the right to charge a amount, to be determined by the Supplier, for administration costs for orders that represent a value less than € 300.00 exclusive VAT.
4.6. On expiry of the term of payment, the Buyer, without further notice of default, shall be in default and Dutch statutory interest shall be owed as from that date.
4.7. If the Buyer is in default or he has failed to meet one or more of his other obligations in any other way all the reasonable Supplier’s court and other costs for settlement shall be fully payable by the Buyer.
4.8. At all times the Supplier is allowed, prior to providing (more) services, to demand adequate security or partial or full payment in advance from the Buyer.
5. Retention of title
5.1. The products delivered by the Supplier remain the Supplier’s property until all the amounts owed to the Supplier regarding the delivered and still to be delivered products, including interest and costs, have been paid.
5.2. Until that time, the Buyer is only allowed to displace or process the products if this is the normal practice in his company.
5.3. Following the processing of the products, the Supplier shall be t
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