Terms of delivery

1. Applicability

1.1

These terms and conditions apply to all agreements to be concluded and concluded between Dutch Carp Mesh as seller, in the context of the exercise of the business conducted by it, to sell trade products, with a buyer respectively, or to agreements arising therefrom, as well as to all offers made by it as seller.

1.2

Unless explicitly stated otherwise, Dutch Carp Mesh is referred to in these general terms and conditions as the user and the buyer as the other party.

2. Formation of agreements

2.1

Orders and/or assignments are confirmed by the user as much as possible in writing or by e-mail with a fixed reference to these general terms and conditions.

2.2

The agreement(s) are considered concluded on the date of confirmation and are determined in terms of content according to the text of the confirmation, unless any deviating agreement can be demonstrated by the other party.

2.3

In the event that the correctness or content of the confirmation is contested in writing by the other party within 8 days of dispatch, the agreement(s) shall be deemed not to have been concluded.

3. Offers

3.1

Every offer or quotation is without obligation, unless expressly stated otherwise in writing and must be regarded as a whole.

3.2

The provisions of Article 5 apply to images, catalogues, drawings, designs and samples used in an offer.

4. Pictures, catalogs, drawings, designs and samples

Pictures, drawings, designs and samples only give a general representation of the items carried by the seller. They are never decisive for the composition and/or quality of the goods to be delivered. Since measurements, weights and technical data are approximate only, unless expressly guaranteed in writing. Even then, however, minor deviations are allowed.

5. Prices

5.1

All prices, including those stated in the offers or quotation(s), are exclusive of VAT. and other levies imposed by the government, unless expressly stated otherwise in writing.

5.2

The prices quoted at the time of the purchase or order are based on the cost-determining factors applicable at that time. Occurring changes in those factors, which were not foreseeable on the date of conclusion of the agreement and/or occur due to circumstances that cannot be influenced by the user, can, in the event that the period between the conclusion of the agreement and the date of delivery, c.q. date of execution of the agreement is longer than three months, will be passed on by the user to the other party.

6. Property rights and intellectual or industrial property rights

Ownership, copyright and all other intellectual or industrial property rights to images, drawings, designs, samples or otherwise made available by the user to the other party are vested exclusively in the user.

7. Delivery and Risk

7.1

Delivery of goods is deemed to have taken place by offering the goods to the other party at the agreed place, or at the nearest place that can reasonably be reached for the means of transport.

7.2

The goods are always transported at the expense and risk of the other party with a means of transport chosen by the user.

7.3

The other party must at all times provide its full cooperation in the act of delivery. The other party is responsible for unloading, and the other party is also obliged to investigate in the sense that it is deemed to have checked whether the content of the document as described in paragraph 5 of this article accurately reflects the quantity and quality of the goods.

7.4

In the case of delivery on call, the other party is obliged to call off the goods within the period set for this purpose, on the understanding that, in the absence of a pre-agreed period, a maximum period of 2 months applies, calculated from the date of the conclusion of the contract. the agreement. In the absence of acceptance by the buyer within the terms as described above, the user is entitled to charge the sold goods to the other party and to store them at the expense and risk of the buyer, or to cancel the agreement by notifying the other party. dissolve without judicial intervention being required. If the user invoices, the payment obligations of the other party are immediately due and payable, including the costs for storage. In the event of dissolution of the agreement, the other party is obliged to compensate all damage suffered or to be suffered by the seller.

7.5

A consignment note, delivery note or similar document on delivery is deemed to accurately reflect the quantity and quality, unless the other party has made any objections and/or inaccuracies known to the user in writing immediately after discovery. The other party is not entitled to suspend payment(s) of what has been delivered in accordance with the document referred to in this paragraph.

7.6

Delivery times specified by the user are always considered to be approximate. A delivery time can never be regarded as a strict deadline. In case of transfer of a delivery time, the other party does not have the right to cancel the order/assignment, but the user must be summoned in writing to deliver within a reasonable period of time – at least 3 weeks.

8. Warranty Statement

8.1

Dutch Carp Mesh. guarantees the soundness of the goods delivered by it, on the understanding that Dutch Carp Mesh will replace or repair the defective goods as a result of improperly delivered goods for 3 months after delivery, at the discretion of Dutch Carp Mesh.

8.2

In any case, defects that occur in or are wholly or partly the result of:

• normal wear and tear;
• improper or incorrect use or maintenance;
• a change or repair made by the customer itself or by third parties without the permission of Dutch Carp Mesh.
• the use of the item for other than normal purposes or, in the opinion of Dutch Carp Mesh, improper handling or maintenance of the item;
• failure to follow the written instructions and directions of Dutch Carp Mesh

8.3

The guarantee with regard to the delivery of goods covers defects that are the result of:

• a faulty design of the delivered item by the contractor and/or its suppliers;
• a material defect in the delivered item by the contractor and/or its suppliers;
• a manufacturing defect in the delivered item by the contractor and/or its suppliers.

Defects arising from the above causes will be repaired or replaced by Dutch Carp Mesh after consultation. The costs for these repair or replacement activities are at the expense of Dutch Carp Mesh. Dutch Carp Mesh also becomes the owner of the replaced items and/or parts. With regard to materials and products obtained by Dutch Carp Mesh from third parties, the warranty provisions of the supplier of Dutch Carp Mesh apply to the client. The guarantee is effective 3 months after delivery or during the period that the guarantee of the supplier of Dutch Carp Mesh lasts. The warranty with regard to the performance of work includes defects that are the result of improperly performed assembly work or other services. Dutch Carp Mesh will carry out the agreed work again for 1 month after completion of the work. The costs for these activities are at the expense of Dutch Carp Mesh

8.4

A warranty period of 1 month applies to the replaced goods and parts or the repair work carried out.

8.5

Excess delivered goods remain the property of Dutch Carp Mesh at all times

8.6

When deviating warranty periods apply, this is always stated on the quotations.

8.7

The warranty of Dutch Carp Mesh does not apply to goods that are delivered as "used", but does apply to the work performed on the goods.

8.8

The guarantee for business, that Dutch Carp Mesh. has not manufactured itself, is limited to the guarantee that Dutch Carp Mesh can realize at its suppliers.

8.9

The above guarantee does not apply if the client does not, not properly or not timely fulfill any obligation arising for him from an agreement concluded with Dutch Carp Mesh.

8.10

The warranty described in this article is not transferable without the prior written approval of Dutch Carp Mesh

8.11

The obligations and liability of Dutch Carp Mesh are limited to the warranty obligations.

9. Force majeure

9.1

Force majeure on the part of the user suspends its obligations for the duration thereof, without prejudice to the user's right to claim payment for what it has already delivered and/or performed.

9.2

Force majeure is (also) understood to mean all circumstances not attributable to the user, including war, threat of war, riot, fire, factory breakdown, strike, lockout, traffic disorder, illness of staff and non-compliance or late fulfillment of obligations by suppliers and/or subcontractors.

10. Retention of Title

All delivered goods remain the property of the user until the claims relating to the delivered goods, as well as claims resulting from the failure to comply with the agreement, have been paid in full by the buyer.

11. Payment

11.1

Payment must be made separately at all times without any discount. Offsetting is expressly excluded. Payment must be made by transfer to a bank or giro account specified by him. If no subsequent payment term has been set in writing, payment must be made no later than 30 days after the invoice date. The moment that the user receives an amount credited to his account is decisive for the time of payment.

11.2

Any payment of a sum of money shall first be used to reduce costs, then to reduce the accrued interest and finally to reduce the principal and accrued interest.

11.3

If payment for delivered goods is not made, the user is entitled to remove them from the buyer (or have them removed).

11.4

The other party is not entitled to transfer ownership of goods that have not yet been paid in full or to which the retention of title pursuant to Article 10 still applies, other than as a result of normal processing according to their destination, or to these goods by any agreement or act to provide a right of pledge or any other security right, in the broadest sense of the word, to third parties.

11.5

In the event of a violation of one of the foregoing provisions, the seller's claim is immediately due and payable and all arrangements that may have been made will lapse.

11.6

The user always has the right, before proceeding to delivery or further delivery, to demand sufficient security from the other party, so that the other party will fulfill its payment obligations. If the requested security has not been provided within a specified period, the user's claim is immediately due and payable and he has the right to dissolve the agreement, or for the part that has not yet been performed, by simple notification.

11.7

If payment has not been made within 30 days of the invoice date, the other party will be in explicit default by operation of law, therefore without any further notice of default being required. In such a case, the total claim of the user is immediately due and payable.

11.8

In the event of non-payment on the due date, any discounts indicated on the invoice or agreed discounts will lapse and the other party will owe the seller interest of five percent (5%) per month, or part thereof, without further notice of default. with effect from the due date. The mere fact that the user assures himself of the help of a third party to achieve collection, shows the amount of and the obligation of the other party to pay the extrajudicial collection costs. If the bankruptcy of the other party is requested with regard to collection measures, the other party will also owe the usual costs of the bankruptcy application in the relevant District, in addition to the principal sum, interest and collection costs.

11.9

In the event that the other party is declared bankrupt, is granted suspension of payment, proceeds to liquidation or sale of its business and furthermore if its goods or part thereof are seized, the user is immediately entitled – irrespective of any arrangement made, then payment terms that have not expired - to take back delivered goods, in which case the agreement is dissolved without judicial intervention, without prejudice to the user's right to compensation for damage, loss of profit, interest and any collection costs incurred.

12. Complaints and returns

12.1

Immediately after delivery, the other party is obliged to check for shortcomings, defects and the like. The other party's right to complaints lapses if these have not been reported to the user in writing within the shortest possible term, but no later than 8 days after delivery. Defects, shortcomings and the like that could not be detected during the inspection must, under penalty of forfeiture, be reported to the user in writing, also in the shortest possible term, but no later than 8 days after they were discovered or could reasonably have been detected.

12.2

If the complaint is well-founded, the user will, at his option, either pay fair compensation up to a maximum of the invoice value of the delivered goods to which the complaint relates, or carry out repair work. The user is not obliged to pay further compensation and/or to compensate indirect damage(s), unless there is intent or gross negligence.

12.3

The other party never has the right to refuse receipt of the purchased goods or to return them without the written consent of the user.

13. Liability

The user is not liable for defects in products that the user has not sold, manufactured or carried out himself, except if and insofar as these products and activities have been guaranteed by himself or it has been determined otherwise by mandatory law. Warranties do not lead to more extensive liability than indicated in those warranties. In all cases, even if guarantees have been issued, user's liability is limited to the amount invoiced for the delivered goods. If the user carries out repair work and/or makes deliveries as a result of defects, the value of the items will be set at the normal invoice value for the purpose of limiting the user's liability.

14. Cancellation

If the other party cancels the order given in whole or in part, the user has the right to claim full compensation for all costs, damages and interest, including loss of profit.

15. Disputes and Governing Law

Dutch law applies exclusively to all offers and all agreements concluded between the user and the other party, or agreements arising therefrom.

All disputes arising from offers or agreements will be settled exclusively by the competent Dutch court of the Zwolle District Court