Terms

General terms and conditions of sale and delivery of FijnTechniek Fijnaart, located in Fijnaart, Chamber of Commerce nr. 20081066.

Article 1. Application of these conditions.

1.1 Unless expressly agreed otherwise in writing in advance, these general terms and conditions apply to all offers and agreements of FijnTechniek Fijnaart (hereinafter referred to as FTF), goods and/or services of whatever nature supplied to the client.

1.2 Any purchasing or other conditions of the client do not apply unless they have been expressly accepted in writing by FTF.

Article 2. Offers.

2.1 Unless FTF has made a binding offer, all its offers are always without obligation. FTF is only bound after FTF has expressly accepted an order in writing. Oral commitments only bind FTF after they have been expressly confirmed in writing by FTF.

2.2 An offer made by FTF is only binding if FTF has made this in writing and stated a period during which the offer is open for acceptance. Such acceptance can only be made in writing.

Article 3. Price.

3.1 Prices quoted apply to delivery ex warehouse, either at the location of FTF or at another location specified in advance by FTF. Price quotes are exclusive of VAT. and other levies imposed by the government.

Article 4. Payment and consequences of non-payment (on time).

4.1 All invoices from FTF to the client will be paid by the client within 30 days of the invoice date.

4.2 Payment will take place without insurance or suspension for whatever reason, except insofar as it has been established by arbitration or judicial decision that the client has a offsettable counterclaim or a ground for suspension.

4.3 Payments made by the client always serve to settle all interest and costs owed and subsequently to payable invoice amounts that have been outstanding the longest, even if the client states that the payment relates to a later invoice.

4.4 If the creditworthiness of the client gives reason to do so, FTF may require the Client to provide security by fulfilling its obligations, or may require the Client to first fulfill its obligations arising from previous agreements with FTF, failing which FTF may suspend the execution of the agreement.

4.5 If the client has not paid the amounts due or has not paid them on time, the client will pay interest on the outstanding amount of 1% per month, or the statutory interest if this exceeds 1% per month, without any notice of default being required. , to owe.

4.6 If the client continues to fail to pay the claims after notice of default, the claim can be outsourced, in which case the client will, in addition to the total amount then owed (principal sum and interest), also be obliged to pay the full compensation for the extrajudicial collection costs (including: including the costs of legal assistance).

Article 5. Delivery period.

5.1 The delivery periods indicated by FTF in offers, confirmations and/or agreements are made to the best of FTF's knowledge on the basis of the information known to FTF at the time the expected delivery period was determined and they will be observed as much as possible. However, fft is not bound by these delivery times.

5.2 If there is a risk that a delivery period will be exceeded, FTF will consult with the client as soon as possible.

5.3 Exceeding a delivery period, caused by circumstances that occurred after entering into the agreement and over which FTF had no influence, can never entitle the client to compensation to be paid by FTF. Without prejudice to the foregoing, an excessive exceeding of the term is possible

be considered as a termination of the agreement.

Article 6. Retention of title.

6.1 FTF retains ownership of all goods delivered by it to the Client and any rights to be granted or transferred, until the Client has fully provided the consideration he owes under the agreement entered into with FTF.

6.2 As long as the Client has not fully provided all the aforementioned consideration, the Client may not rent out the delivered goods or parts thereof or otherwise make them available for use to third parties, nor may they alienate, pledge or otherwise encumber them. The client is also not permitted to make any changes to the material in any way.

 6.3 As long as ownership of the item has not been transferred to the client, the client is obliged to take out any legally prescribed insurance with regard to the use of the item, as well as insurance against complete or partial loss (casco cover). The client is furthermore obliged to have the delivered item maintained at his expense. FTF will not be obliged to indemnify the client in any way against his liability as holder of the item. On the other hand, the client indemnifies FTF against claims that third parties may have against the seller and that may be related to the retention of title made.

Article 7. Delivery and risk.

7.1 Unless otherwise agreed in writing, delivery will take place ex FTF's warehouse.

7.2 The risk relating to the goods delivered by FTF is transferred to the Client: at the time of transfer of possession to the Client or to a third party designated by the latter, or after three full working days following the day that FTF has notified the Client or the third party designated by it has sent the notification that the goods are available in the warehouse for the client or the third party designated by it, if the transfer of risk has not taken place before then.

7.3 If it has been agreed that transport and delivery will take place at a location designated by the client, this will always be at the expense and risk of
client, even if FTF takes care of the insurance. FTF is only obliged to take out such insurance if the parties have expressly agreed so in writing.

7.4 After ten full working days, following the day on which FTF has sent the Client or the third party designated by it the notification that the goods are available in the warehouse at the disposal of the Client, FTF will, if the Client then returns the goods, for what reason whatever reason, has still not actually taken possession or had it taken, is authorized to store the goods elsewhere or otherwise at the expense of the client, without further notice or other formality.

Article 8. Warranty.

8.1 For goods delivered to FTF with a manufacturer's or other type of warranty, the warranty provisions given by the supplier to FTF also apply between FTF and its client.

8.2 If FTF's supplier has not provided a guarantee to FTF, FTF will also not provide a guarantee to its client.

8.3 FTF does not provide any guarantee with regard to items that were (essentially) not new at the time of delivery, unless expressly agreed otherwise in writing.

Article 9. Complaints.

9.1 The Client can no longer rely on the fact that what has been delivered by FTF does not comply with the agreement if he has not informed FTF of this within a reasonable time after he has discovered this or reasonably should have discovered it. If the item appears to be missing a feature that the following FTF possessed, or if the deviation relates to facts that FTF knew or should have known but did not communicate, then notification must be made within a reasonable time after discovery.

9.2 The aforementioned reasonable time will in any case be deemed to have expired after 14 days.

9.3 A complaint does not suspend the client's obligation to pay what is owed.

Article 10. Liability.

10.1 Except for intent or gross negligence on the part of FTF itself, FTF will never be liable to the client or third parties for damage of any kind arising from or in connection with agreements concluded between FTF and the Client, expressly including failure to do so or not to do so properly. functioning of the goods delivered by FTF, their assembly or use or the circumstance that the delivered goods are not suitable for the use intended by the buyer.

10.2 Except for intent or gross negligence on the part of FTF itself, the client indemnifies FTF against any damage that FTF may suffer as a result of claims from third parties relating to the goods and/or services supplied by FTF.

10.3 Clauses in this article that limit or exclude the liability of a party will also apply in favor of subordinates, representatives and (other) auxiliary persons of the party who can rely on such a clause.

Article 11. Force majeure.

11.1 Neither party is obliged to fulfill any obligation towards the other party if it is prevented from doing so as a result of a circumstance that is not attributable to its fault and which is not required by law, legal act or generally accepted views. is at her expense. In the event of the aforementioned force majeure, the obligations arising from the agreement will be suspended for both parties.

11.2 If a situation of force majeure has lasted longer than sixty days, the parties have the right to terminate the agreement by written notice at the end of these sixty days. What has already been performed under the agreement will be paid pro rata, without the parties owing anything.

11.3 Force majeure as described above expressly includes: strike, lack of personnel, machine damage, transport difficulties and delays or default by FTF's suppliers.

Article 12. Default.

12.1 Unless the parties agree otherwise in writing and subject to the provisions of Article 11, paragraph 2, dissolution of the

Article 11. Force majeure.

11.1 Neither party is obliged to fulfill any obligation towards the other party if it is prevented from doing so as a result of a circumstance that is not attributable to its fault and which is not required by law, legal act or generally accepted views. is at her expense. In the event of the aforementioned force majeure, the obligations arising from the agreement will be suspended for both parties.

11.2 If a situation of force majeure has lasted longer than sixty days, the parties have the right to terminate the agreement by written notice at the end of these sixty days. What has already been performed under the agreement will be paid pro rata, without the parties owing anything.

11.3 Force majeure as described above expressly includes: strike, lack of personnel, machine damage, transport difficulties and delays or default by FTF's suppliers.

Article 12. Default.

12.1 Unless the parties agree otherwise in writing and subject to the provisions of Article 11, paragraph 2, dissolution of the

to transfer packaging, consult with the client about this.

Article 14. Disputes.

14.1 Dutch law applies to the agreements concluded by FTF and the legal relationships arising therefrom.

14.2 If disputes arising from the agreement cannot be settled by mutual agreement between the parties, they will, to the extent permitted by law, be settled by the competent court in Breda, to the exclusion of any other court, or, if FTF has the preference, by the court in the client's place of residence, subject to appeal.

Article 15. Nullity.

15.1 In the event that individual provisions of this agreement are void, this will not affect the validity of the remaining provisions.