GENERAL DELIVERY- AND PAYMENTS CONDITIONS
OF DEKKER DECORATION B.V.
PER 1 AUGUST 2018
General Sale and Delivery conditions of Dekker Decoration B.V., registered at the council of Haarlemmermeer, with office at the Luchterweg 30, 2211 SZ Noordwijkerhout, registered with the Chamber of Commerce in Utrecht under number: 652074671.Our sale and delivery conditions are applicable and are part of all purchase and sale agreements concluded by us, whereby we act as seller, unless we have explicitly declared in writing beforehand that we agree with any other condition(s). Insofar no deviating condition(s) have been accepted by us, these sale and delivery conditions apply. A possible deviating condition accepted by us, only binds us regarding the agreement for which we have accepted this. A customer to whom we have sent these conditions or who has made a purchase from us under these conditions, is considered to tacitly agree with the applicability of these sale and delivery conditions with any next orders that he places, in whatever way. A general reference by a customer to his general (purchase) conditions is not accepted by us. 2.All offers provided by us are in every respect without any obligations. An agreement is first concluded by our written confirmation thereof to the buyer or by our performance thereof. Prices are based on the price that is valid at the date of delivery. The prices specified by us only apply as target price. Prices are exclusive VAT unless explicitly agreed otherwise in writing. Ordered goods, that we do not have in stock, are normally not invoiced by us. The agreement regarding the goods is considered to be dissolved unless otherwise agreed in writing. We reserve the right, without stipulating reasons, not to accept orders of assignments or to only accept these under the condition that the shipment is made by cash on delivery or after prepayment. We reserve the right to charge price increases as a result of implementation or increase of taxes and/or other levies of competent authorities that occur after the agreement was concluded, to the buyer regardless if these were foreseen. 3.The transport costs are for the account of the buyer, unless otherwise agreed and confirmed. We determine the shipment method. We arrange a transport insurance if this has been agreed and the buyer compensates us for the insurance premium. Any special packaging requested by the buyer will be charged separately. We are free to deliver agreed orders in parts (or to deliver these afterwards for whatever reasons). 4.Any agreed delivery terms will be observed by us as much as possible. However, these terms can never be considered as binding/deadlines and with exceedance of these terms we are not liable for the consequences thereof. 5.The goods delivered by us remain our property till the buyer has met all his obligations based on both the relevant agreement as any other agreements with us, and in particular till the full purchase price with all possible additional costs regarding the agreements has been paid, such as security for compliance of the obligations. The client does not have the right to dispose of or encumber the goods in anyway, as long as the full amount has not been paid to the seller, except and insofar it concerns the normal business operations. The goods can be immediately recovered by us if the buyer does not comply with his obligations. We and our employees have the irrevocable right to access the premises of the buyer and gain actual possession of the delivered goods. This property retention does not affect the right of the buyer to sell or process the goods delivered by us within the context of the normal business operations. In case of mixture, processing, relocation and such of the goods with the goods of the client or third parties, the seller retains or obtains the property for his share in the total of the existing or created goods. 6.Samples, pictures and sketches remain our property and may not be imitated, copied or provided to third parties. All models which are specially made for an order, remain our property even if these models have been fully or partially paid by the buyer. The copyright on models that have been specially made by us for an order belongs to us. 7.Payment must be made on the bank account specified by us, within 30 days after date of invoice. With payment after this period the buyer owes a 2% credit limitation charge. With payment within 8 days after date of invoice the buyer is entitled to a 2 % discount, except with cash on delivery shipments or in case of payment arrears regarding any other invoice. If payment is not made within 30 days after date of invoice, the buyer is in default, without requiring any summons or notice of default, and the buyer owes us interest compensation that is equal to the legal interest (art. 6:119a Civil Code) over the outstanding invoice amount from the expiry date till the date of full payment. If we transfer a claim on the buyer to a collection agency, the buyer is obliged to compensate us for both the legal as extrajudicial costs. The extrajudicial costs are fixed at 15% of the outstanding invoice amount with a minimum of € 150.-. If the buyer does not comply with any obligation towards us and in particular in case of payment arrears, we have the right to dissolve any ongoing agreements for the non-performed part without legal intervention and to refuse further orders. Compensation by the buyer of any claim on us is excluded, unless we have confirmed to the buyer in writing that we agree with this. If the buyer applies for receivership (or a similar foreign scheme) or bankruptcy or his bankruptcy is requested or he is included in the legal debt repayment scheme for natural persons (or a similar foreign scheme), all outstanding invoices are immediately due. In case of non-compliance of the payment obligation by the buyer on the deadline we have the right to transfer the claim to a collection agency. The extrajudicial costs will be charged conform the law standardisation of extrajudicial collection costs and the related schedule. 8.Any reclamations regarding incorrect delivered goods and/or transport damage must be reported to us within 8 days after delivery. After this period any right of the buyer in this respect expires. 9.Any goods coming from us, that have been returned to us by the buyer, in connection with any defect, damage or incorrect delivery will only be accepted by us if the return shipment has been agreed with us beforehand. The transport of returned goods is for the account and risk of the buyer. Our agreement with the return of any good does not mean that we accept the complaint. Regarding any good delivered by us, the acceptance of the returned goods only applies if this has been notified and confirmed to the buyer. A reclamation, of whatever nature, does not suspend the payment obligation of the buyer. After receipt of the returned good and acceptance of a complaint, we will replace the good, or credit the buyer for the invoice amount of the good. We have the right to charge at least 15% of the invoice value of the returned goods to the buyer to cover the handling costs of returned goods. Goods specially ordered for the buyer which we do not standard have in our stock assortment or goods not delivered in the quantities ordered by the buyer, can never be taken back by us. 10.In case of force majeure we are authorised to completely or partially suspend our delivery obligations, or to dissolve the agreement, without being obliged to any compensation of damage, costs or interests to the buyer. If we can perform the deliveries and/or services, despite circumstances that can be marked as force majeure, we reserve the right to charge all costs to be made by us to the buyer and to deviate from the agreement insofar we believe this to be desirable and necessary. 11.We are never liable for any damage of the buyer, except in case of gross negligence or intent on our side. We are in particular not liable for damage of the client or third parties when this is caused by the use of the goods for other purposes than for which they are intended, by the buyer or third parties. 12.When an order is made according to a model or drawing the buyer assures that no copyright, brand, patent, use or trade name model or any other right of third parties is violated. 13.All clauses regarding the exclusion or limitation of our liability and regarding indemnification of us for claims of third parties, also apply for our employees as well as third parties for whose actions or negligence we could be liable. 14.All purchase and sale agreements concluded by us as seller are subject to Dutch law. The authorised court in Haarlemmermeer is exclusively authorised to be made aware of any disputes, without prejudice to the authorisation of the court designated by law, if we might choose this latter.
Noordwijkerhout, 1 August 2018
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