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Article 1 Applicability

1. The conditions apply to all our offers and transactions.

2. Other conditions do not apply unless we have stated. Our express written agreement with the applicability

3. Provisions of these conditions do not apply, if it appears that these constitute, or come up with any statutory provisions of current or future law. If any provision on this ground would be void under the conditions most favorable for our settlement and the remaining provisions shall remain in full force.

 

Article 2 Offers, conclusion

1. Our offers are without obligation. if the offer a deadline is set, this period extends only to bind the purchaser. We can offer retract within 2 days after receipt of the acceptance.

2. Save as provided in the preceding paragraph withdrawal option is an agreement at the time that we have received. Timely, written and fully with the offer corresponding acceptance by the buyer

3. Agreement also comes about because we deliver the goods in accordance with the accompanying delivery note / invoice.

4. The contents of folders, printing etc. not binding on us unless the agreement, it expressly refers.

 

Article 3 Prices

1.We have the right reasonable cost to charge. We will notify the buyer in writing of this passing.

2. Unless otherwise agreed, our prices ex warehouse at the time of delivery and, all transportation, costs of insurance, VAT and other taxes and other costs to be borne by buyer.

 

Article 4 Delivery Place and Delivery

1. For all transactions and under all circumstances, also with free delivery, our warehouse is considered as the place of delivery. The date of delivery shall be the date of delivery to which the shipment is made, except slipped affairs, for which the date of the delivery as such applies.

2. The risk of the goods delivered is always after delivery for the buyer.

3. We are entitled to an order in its entirety, or sequentially to deliver in installments and in the latter case each part delivery to invoice separately to the buyer and to demand its payment. If the buyer to pay a partial delivery fails, we are entitled to do agreement, which has not yet been carried out, without judicial intervention and without any notice to the buyer as canceled to consider retaining our right to compensation by us.

4. Delivery times are approximate. In late delivery moot the buyer fails to provide written notice and a reasonable period to still allow us to meet our delivery commitment, without the buyer and / or third parties to claim damages can exercise towards us. This paragraph shall not apply if there is a more or less permanent not allow us to take failure as referred to in art. 10.

5. If after the expiry of the delivery are not purchased by the buyer and get stored at his expense and risk.

 

Article 5 Ownership and possessory pledge

1. All goods delivered by us, regardless of where they are located, remain our property until the buyer the purchase price, together with interest and costs, and our other receivables in connection with his failure in the fulfillment of the agreement have been met.

2. The buyer is, as long as he has not complied with the above claim is not entitled to the goods delivered by us to establish a lien or possessory pledge and undertake to third parties who wish to establish, it will declare that the first demand of us such a right he is not authorized to attach a lien or possessory pledge.

3. If the buyer of goods delivered by us, subject to ownership creates a new object, he acts in that formation in our mission and he will keep the matter for us. He only becomes owner at the time the reservation of title is canceled because all our demands are met.

4. As far as we have other claims against the purchaser than those referred to in paragraph 1 and we have delivered that no retention of title to the buyer draws the buyer as security for the fulfillment of its obligations in favor of a non-possessory pledge on these matters, as we accept this possessory pledge. The buyer will sign a deed establishing the pledge on our first request. He shall guarantee that he is to pledge the goods and that the goods, apart from our rights, be no property and / or limited rights.

5. The buyer has the right to sell by all goods falling under the retention of title possessory pledge in a normal manner or process within the normal course of his bed chain manager.

6. If the buyer resells the case, we can oblige him his claim arising from the sale of the buyer to us to settle. An undisclosed pledge

7. The buyer will handle cases referred to in this article as a good father. He will insure the goods against all calamities, based on the invoice value. On our first request, if it is not already occurred, by law, the buyer to us a silent lien on his related claims against the insurers. The buyer is not allowed to settle on his claims against the insured. Still a lien in favor of third parties

8. if third parties assert rights on matters covered under this article a retention of title, the buyer is obliged to report this liability (a) k (s) to us within 48 hours after the time at which this claim is made in writing failing which the buyer a penalty equal to 10% of the still unpaid invoice amount of all joint unpaid deliveries.

9. We have the right, without notice, to take our business back if not paid in full by the due date and the buyer authorize us, as necessary, through this agreement the area where these things are stored, undertake to enter.

 

Article 6 Security

We have at all times the right of the buyer to demand security for the fulfillment of its obligations. If the buyer refuses or fails within the time limit set by us to provide certainty we have the right to terminate the agreement. Written statement at As far as we had already delivered goods to the buyer is obliged to deliver. Returned within 5 days after the statement to us He is also obliged all damages that we suffer by his refusal or failure to reimburse to us.

 

Article 7 Payment

1. Payment must, unless this is expressly waived, to take place within 30 days of the invoice date. Written confirmation by us

2. Payments must be made free of charge without any deduction or set-off unless buyer wishes to settle under a Cash attributable to him under the law, so legal action from him on us and us within 7 days of our invoice date, in writing.

3. Authorised payments can only be made by transfer to our bank or post office accounts, or COD, or cash in cash.

4. Payments shall first ever instance for payment of fees, then to pay interest and then to pay the invoices in the order of their age, even though the buyer that his payment relates to other invoices and / or debts.

5. If the buyer does not pay on time, he is in default without notice needed and we are entitled to the buyer to charge a fee for loss of interest at the statutory rate, but with a minimum of 10% per year if the legal interest rate is lower than 10%, where the interest on a portion of the month is calculated as a voile month.

6. We are also entitled in addition to the main claim and recover the interest of buyer 5% handling fee on the amount of the claim, and all extrajudicial costs incurred by the failure of (timely) payment caused. Extrajudicial costs are payable by the buyer, at least when we assured ourselves for the recovery of the assistance of a third have. They are calculated according to the columns collection rate of the Dutch Bar Association. The mere fact that we have secured the assistance of third parties, shows us the size and the obligation to pay the extra costs.

7. In case of (timely) payment, as well as in a state of suspension of payments, bankruptcy or liquidation of the company by the buyer, the buyer's obligation resting on the first request already owned by them paid and unpaid goods supplied by us , set. available to us To plus interest and costs referred to in this article, if one of the in this article some cases occurs, suddenly due, while we fired from any obligation to the purchaser and latter damages the total amount payable by the buyer, is towards us.

8. Deliveries abroad only after advance payment.

 

Article 8 Guarantee

1. We are after delivery during the manufacturer's warranty for the quality of the goods delivered by us and the materials used, provided that the goods are used in the normal way in accordance with our rules carefully and for the purpose for which they are manufactured.

2. For DIY parts only warranty is given if there is proven expertise.

3. Our warranty obligation is limited to product improvement or replacement and includes the same warranty as the original delivery or effort and be in force until the expiry of the original manufacturer's warranty period.

 

Article 9 Claims or Complaints

1. Claims regarding numbers visible and easy to see hidden defects must be submitted. Within 8 days after delivery of the goods to us in writing

2. Complaints concerning hidden defects not easily observed to within 8 days after discovery of the defect and term be made in writing. At least within the manufacturer's warranty with us

3. The buyer loses all rights and powers which have been applicable under defective, if he has not complained within the warranty period listed above and / or he has not offered to repair the defects. Us the opportunity

4. When the buyer proved justified complaint, we can refund at our discretion Articles or parts thereof, to which the complaint relates, or replaced to the buyer. Further claims, in particular damages are excluded.

5. Goods can only return us to get healthy and if we have agreed. Thereby and the shipping method writing The goods must be sent postage paid and remain at the risk of the purchaser.

6. Complaints can never suspend payment of the buyer.

7. Complaints about invoices upon receipt of the invoice to be submitted in writing. Within 8 days

 

Article 10 Not shortcoming

1. if we can not meet, by us not attributable shortcoming of our remaining obligations we have to dissolve without the right within a reasonable time by written statement the agreement in whole or in part to any compensation and we also compensation for any advantage enjoyed - to the purchaser are held.

2. Among non attributable shortcoming in paragraph 1 shall include means business failure, lack of raw materials and consumables, fire, strikes, lockouts, sabotage, riots, mobilization, war, threat of war, state of war, state of siege, traffic disruption, flood , ice and other delays of transport, government measures, without that we are obliged to show. their impact on the prevention or delay This non-attributable shortcoming also applies to the case we therefore remains sold to third parties and this order for any reason with the delivery default.

3. In case of non-attributable shortcoming, we are entitled to suspend, without that we are liable to the buyer to pay any damages or compensation benefit. Implementation for up to 3 months

 

Article 11 Dissolution

In all cases where we terminate an agreement with the buyer with a written statement, he is obliged us to pay all damages, costs and profits and return. Goods delivered by us to our Continue the business risk of the purchaser until we have received and approved. The obligation to pay damages and loss of profits does not apply if we terminate the agreement under the provisions of art. 10 for permanent us not attributable shortcoming have dissolved.

 

Article 12 Disputes

All disputes shall be settled by the competent court of our place of business, except under the provisions of art. 100 RV another District Court has jurisdiction.

 

Article 13 Applicable law

All agreements are subject to Dutch law.

 

Article 14 Amendment

We reserve the right to amend these General Conditions. The amended version shall enter into force on the date stated in the amendment. The U.S. at the time of modification known purchasers of the change we will notify in writing.

 

Solex Service Ad van Heerbeek

 

Calluna 41

5091 EP Middelbeers

Netherlands

Tel / fax: 013 5142463

email: solexservice@chello.nl

No KVK 18049904 VAT no: NL001320430B61

All prices include 21% B.T.W.