Article 1 definitions:

In these general terms of delivery, implementation and payment conditions, the following definitions shall apply:

  • Client: the natural or legal person, in whose contract on the basis of these general terms and conditions work, advice and business be sold and delivered.
  • Contractor: Leonardus Egidius Maria Baker, acting under the name L.E.M. Boelens, Venbroekstraat 16, Nieuwkuijk, municipality of Heusden.
  • Agreement: any agreement to buy and sell new or used business, to rent and leasing of new or used business, to provide services and to adoption of work;

 

Article 2 applicability of these conditions:

Paragraph 1: these terms and conditions shall apply to each and every offer and every agreement between the contractor and the client, provided that the supplier has declared the present terms and conditions applicable and to the extent that the client and the supplier in writing of the content of these conditions be deviated.
Paragraph 2: If an agreement between the client and the supplier these conditions expressly apply, then these conditions also on all subsequent agreements between the supplier and client shall apply, unless explicitly agreed in writing between the client and the supplier it is agreed that the conditions on which according to agreement (s) do not apply.
Paragraph 3: On of these conditions deviating terms the principal can only appeal if and in so far as that contract terms have been accepted in writing by contractors.
Paragraph 4: these conditions are by each client to see in at the offices of the contractor and the contractor shall forward to the client on first request by return a copy of the conditions.
Paragraph 5: client closes by acceptance and signing of the offer of the supplier the functioning of the own general conditions completely.

 

Article 3 offers:

Paragraph 1: the written quotations made by the contractor are without engagement, unless expressly otherwise provided in writing by the contractor; the offers of the supplier are in any case never irrevocable; all fright equal apply for a period of 30 consecutive days after obtaining written, unless a shorter or longer period in writing by the contractor.
Paragraph 2: an oral quotation expires, when not immediately accepted by the client. If the client accepts an oral quotation immediately, then client the acceptance in writing to the client; If the client does not wish to accept an oral command immediately, then the client can pay the supplier in writing to an acceptance term requests. If the supplier agrees to an acceptance period of an oral proposal, then the duration of this period confirm in writing to the client.
Paragraph 3: the prices mentioned are excluding B.T.W. in the quotations, unless otherwise indicated in the tenders. 
Paragraph 4: If the client does not accept the offer, then shall the charge for making the offer to charge client; the supplier shall client before making the quote about these costs when not continue of the quotation.
Paragraph 5: Sample, pictures, drawings, colors, designs and sizes, which in advance or at the conclusion of the agreement are shown, are shown as sample. Sponsor must the supplier in writing within eight days of receipt of the goods by the exemption, if the client cannot unite with the extent to which the deviation occurs.

 

Article 4 conclusion of the agreement:

Paragraph 1: A quotation can be accepted by the client orally and in writing; If the acceptance is made orally, the agreement between the client and the supplier only after the contractor immediately in writing the oral acceptance has confirmed to the client.
Paragraph 2: a written accepted – no obligation – quotation can still be revoked after acceptance by the contractor, if this takes place immediately after the acceptance by the customer.
Paragraph 3: After conclusion of the contract by the customer-this can no longer be revoked except in cases of force majeure-than with the approval of the supplier. In such cases, the client is a penalty of at least 30% of the contract, without prejudice to the right of the contractor on further compensation for demonstrable costs, damages and interest. 
Paragraph 4: the client shall ensure that all necessary data in a timely manner get hold of the contractor. If the client refuses or fails to provide necessary data to the supplier, the supplier the right to suspend its obligations under the agreement unconditionally. The client remains in default even after written request to provide the necessary data, then the supplier may rescind the agreement, in which the client owes a fine of at least 30% of the order value:.

 

Article 5 delivery times:

Paragraph 1: an agreed delivery time for delivery of goods or for the carrying out of any work is not fatal, unless this has been agreed in writing between the client and the supplier. In the event of late delivery the client is required to the contractor in default in writing, whereby the contractor is given a reasonable period to still sound to perform. Without a written notice as described above, comes to the customer no right to dissolve the agreement, neither comes to the client any form of compensation.
Paragraph 2: any stagnation in an agreed delivery that is caused by a supplier of the supplier, the supplier can not be relied on as default. Supplier has in such a situation at the request of the client a written declaration by the supplier of the contractor the contractor to proving no blame for late can deliver the in the agreement with client agreed services.
Paragraph 3: in the case of delivery on call is in writing between the parties a deadline within which the client should decrease. If, within that time limit agreed by the client no business be called up, the contractor written notice of default to the client, where the client is awarded a term to still receive the business. If the client does not conform to that notice, then the contractor shall be entitled to dissolve the agreement, in which the client is a penalty of 30% of the order value.
Paragraph 4: If the client refuses the goods delivered, which serves to set the supplier client written notice of default, which is awarded to a principal term within a defined term to the business take. The client remains in default afterwards to make things to take off, then all costs and damage shall be borne by the customer.

 

Article 6: prices

Paragraph 1: the prices are valid as agreed between the client and the supplier. In the event of unforeseen circumstances the supplier is entitled to within three months after the conclusion of the Agreement agreed to increase prices. The supplier shall inform us in writing to increase client, then client is required within 14 days of the date of the letter of the contractor in writing if the client accepts the increase. If the client submits a claim regarding the non-timely-price increase, then the price increase made by the supplier to the client, with no right to dissolve more.
Paragraph 2: all prices are excluding B.T.W. and excluding any transportation costs. Any transport costs remain in full shall be borne by the customer, unless otherwise agreed in writing.

 

Article 7 payments:

Paragraph 1: Each sent to the client by the supplier invoice must be paid within 10 days of invoice date. The received payment by the contractor shall be allocated on the invoice by the client. If the client does no clear indication, a payment received by the company allocated on the most incriminating on the oldest invoice, invoice or at the discretion of the supplier.
Paragraph 2: the contractor brings a credit limitation in behalf of 3.5% of the invoice amount; If the client receive the invoice within the agreed payment term of ten days after the invoice date, the supplier shall be entitled credit limitation of 3.5% to be deducted.
Paragraph 3: After the expiry of the agreed term of payment of ten days is the client the total invoice amount (including credit limit) and the client shall be in default by operation of law. The client is from the moment he is in default bear interest at the rate of 1.5% per month on late paid invoice amount, with a part of a month for a full month. Before a case for collection from the hands, the contractor is required to client written notice of default and a client-fatal-to award to term to complete payment of the invoice. Client is obliged to take the extra administration fee amounting to €15.00 to the contractor, provided that the supplier these costs as such is mentioned in the notice of default. Paragraph 4: If the client does not comply with the contents of the written notice referred to in paragraph 2 of this article, then all reasonable costs incurred in obtaining satisfaction paid shall be borne by the other party. The collection costs are set at 15% of the outstanding invoices, B.T.W. + with a minimum of €50.00 exclusive B.T.W.

 

Article 8 retention of title:

Paragraph 1: the goods delivered by the supplier shall remain the property of the supplier until the client all further obligations under all agreements with the supplier has complied with:
-closed sale -the consideration (s) delivered m.b.t.
-the consideration (s) m.b.t. under the purchase agreement (and) work carried out by the supplier or services
Paragraph 2: If the client is not nakomst its obligations, then all goods delivered shall, on which the title referred to in paragraph 1 at the client or third parties, that the case for client, or to take away do pick up. Client is obliged to provide any assistance to this under penalty of a fine of 10% per day of the amount due by the client and as long as he remains in default with this cooperation, having regard to the contractor in writing for that purpose by to be summoned. The retention of title by the supplier continues to also apply on any goods supplied already cut up, modified or crops or in any other way are handled by client.
Paragraph 3: if third parties any right to the still want to goods falling under the retention of title, then the client is obliged to immediately notify contractor thereof in writing.
Paragraph 4: Everything on the site is the property of Boelensmodestoffen.nl and may not be copied or used without prior permission.

 

Article 9 complaints:

Paragraph 1: Under complaints means all grievances related to the implementation of the agreement. Complaints because of the quality of the delivered goods or materials or of the execution of the work at the supplier only in writing by the client can be exercised by filing within eight days of delivery of the goods or the completion of the work. If filing for certain reasons not possible within said term, the term of eight days from the time at which the defect has been detected or could have been. The written complaint will have to include a description of the objections and defects found and time when client has found the flaws. An oral complaint quoted by the contractor is not taken into consideration.
Paragraph 2: If a client against the advice of the contractor or prevent certain activities will (do), in writing, any complaint, provided that this is excluded.
Paragraph 3: If the supplier delivers on behalf of client business with a third party, then the client remains entirely responsible for d e control of the goods delivered before the cases are cut up or cut up, or otherwise be working or processed. Episodes of third parties (i.e. confection workshops) for 100% by order of and at the risk of the client.
Paragraph 4: nor can complaints be exercised in respect of:

  1. If the goods delivered by the client manually or by machine are washed. Any liability of the supplier to provide information shall lapse whenever it has been found that the delivered goods have been washed.
  2. If the delivered goods have been cut, processed or in any other way are covered, whereby the substances no longer in the condition as they have been delivered to the customer by the contractor.

 

Article 10 warranty and liability:

Paragraph 1: the contractor makes no warranty on the goods delivered and services performed by it, unless this in advance and in writing between the client and the supplier has been agreed.
Paragraph 2: If between the client and the supplier written guarantee is agreed, then void any warranty claim if it should turn out that the client or third parties-whether or not in command of the client-the delivered goods on which one way or another.
Paragraph 3: If the supplier is found to be liable for damage, then that liability is limited as follows:

  1. the liability of the supplier, as far as this is covered by the liability insurance of the contractor, shall be limited to the amount of the paid by the insurer of the supplier.
  2. If the insurer of the supplier in any case not to pay or damages not covered by the insurance, then the contractor's liability is limited to the invoice amount of the contract, at least as far as the portion subject of the contract to which the liability relates.
    Paragraph 4: the supplier shall never be liable for consequential damages.

 

Article 11: applicable law

Paragraph 1: all agreements, on which this delivery, performance and payment conditions apply, only Dutch law is applicable.
Paragraph 2: the District Court of's-Hertogenbosch is at the exclusion of all other District Court in the Netherlands has jurisdiction to disputes between the client and the supplier take note, unless the absolute competence with respect to the resulting dispute belongs to the Sub-District Court.

 

 

 Nieuwkuijk, 2018


Leonardus Egidius Maria Boelens

 

Boelens Modestoffen V.O.F.

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