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sales conditions

1. General provision

These sales conditions (hereinafter referred to as Sales Conditions) apply to all agreements to be concluded by Handelsonderneming Beerens BV (hereinafter referred to as Contractor) (hereinafter referred to as Agreement) and offers made by Contractor, with the exclusion of all conditions by clients (hereinafter referred to as Client). or others on their stationery, order and delivery forms, invoices etc. written and/or deposited somewhere. The Client accepts these Terms and Conditions of Sale by merely placing an order.

The general METAALUNIE TERMS AND CONDITIONS (filed with the registry of the court in Rotterdam on January 1, 2014) are applicable to all offers and orders, insofar as not deviated from in these Terms of Sale or if not provided for in these Terms of Sale.

2. Offers

All offers are without obligation, unless the contrary is expressly stated in writing in the offer. The Contractor is only bound by and after written acceptance from the Contractor. Verbal promises or agreements are not yet binding, only after and insofar as he has confirmed them in writing. Each offer must be considered as a whole.

3. Prices

Prices quoted or agreed are exclusive of government taxes, levies or surcharges, including VAT. They only apply to performance of the work during normal working hours on or off the Contractor's site, unless specifically indicated. Shipments with a net invoice value of at least €500.00 are delivered carriage paid in the Netherlands, provided they are sent to one address and with the exception of goods with extraordinary dimensions and cannot be sent with regular
Packet service. Shipments under €500.00 are delivered ex works (ex works). Costs of dispatch as express goods, etc. or in general all costs for faster dispatch than by a regular service line of a forwarding company, will be fully borne by the Client if the Client wishes this method of dispatch. All prices are based on the monetary ratios of currencies, import duties and levies applicable at the time of the conclusion of the Agreement. Changes to one of these factors entitle the Contractor to cancel the Agreement in whole or in part, or to adjust the price, all this by notifying the Client.

4. Delivery time

The delivery time commences after the Agreement has been accepted in writing by the Contractor and all data necessary for the performance have been received by the Contractor from the Client. The door
The delivery times specified by the Contractor are approximate and can therefore not be regarded as binding unless otherwise agreed. Exceeding the delivery time, for whatever reason, does not constitute a breach of contract and never entitles the Client to compensation for any direct or indirect damage suffered by him or third parties. The Contractor may partially deliver the work if the completion of the remaining work is (temporarily) prevented or hampered by force majeure.

5. Dimensions, weights and technical data

The indicated dimensions, weights and technical data of the Contractor are only approximate unless the Contractor expressly guarantees in writing. The Client must take into account normal tolerances and differences in finishing level.

6. Complaints

If within 8 days after delivery of the goods by the Client no complaints about this have been made in writing, the goods will be deemed to have been approved and accepted. Returns are
only accepted after prior approval by the Contractor and if sent carriage paid, unless otherwise agreed. If complaints prove to be well-founded, the Contractor is prepared to redelivery without a price increase after receipt of the goods. The Contractor must be able to do so for the redelivery and the necessary time must be given. All further claims, including in particular those relating to compensation, are expressly excluded.

7. Payment

Insofar as no other payment conditions have been agreed, payment must be made net within 30 days of the invoice date. The contractor always has the right to demand full payment in advance of the price or to deliver cash on delivery. All payments must be made without any deduction or set-off in cash on delivery or into the Contractor's bank accounts; The Contractor also has the right to dispose of it by receipt. Since the Contractor is assured of the assistance of a third party for the collection, the Client owes all associated additional costs in the event of late payment, both judicial and extrajudicial.

8. Force Majeure

If the Contractor is prevented from executing the Agreement due to force majeure, the Contractor has the right to suspend the execution of the Agreement or to dissolve it in whole or in part without judicial intervention, without the Contractor being obliged to pay any compensation or guarantee. Force majeure is understood to mean any circumstance, both foreseen and unforeseen, as a result of which the Contractor can no longer reasonably be expected to comply with this Agreement, whether temporarily or not, under which circumstances in each case include strikes, lockouts and other -, labor disturbances, transport disruptions, war, blockade, call, epidemic, flood, storm, devaluation, as well as increases in import duties, excise duties and/or taxes, delayed delivery by suppliers or other events beyond Contractor's control.

9. Deviations

In cases in which some points are deviated from these Terms and Conditions of Sale, the others remain valid, even without this being expressly stated. Offers and/or other commitments from representatives or other personnel are also only binding if confirmed in writing by the Contractor.

10. Modification of the Terms of Sale

The Contractor is entitled to change these Terms and Conditions of Sale without prior notice. The conditions that were in force on the day on which the orders were confirmed in writing by the Contractor apply to orders already given, unless otherwise agreed.

11. Applicable law

This Agreement and the agreements resulting from it are exclusively governed by Dutch law.

12. Judicial Competence

All disputes arising from or related to this Agreement will, at our discretion, be decided in the first instance by the competent court in Breda.

13. Warranty 

If a guarantee is given with regard to deliveries from third parties by the Contractor, the guarantee shall be valid in scope and duration by the manufacturer of the goods. The Contractor provides a standard warranty of 12 months on the work performed and the products delivered, commencing from the moment that work or product is partially ready or after installation, with a maximum of 18 months, whichever comes first, unless otherwise agreed. . All warranty obligations lapse if the Client fails to fulfill any obligation under this Agreement. Items supplied or prescribed on behalf of the Client are excluded from the guarantee. Any form of conservation and surface treatment is also excluded from the warranty. Work, including research work, after the Client has wrongly invoked the warranty, will be charged in accordance with and will be performed subject to the applicability of these Terms and Conditions of Sale.

14. VAT rate

The national rates apply to all goods delivered. However, if the Client participates in international inland shipping or in an equivalent cross-border branch and you are domiciled outside the Netherlands, you can participate in the VAT 0 rate.

15. Entry into force

These Terms and Conditions of Sale come into effect on June 1, 2018 and have been filed with the Chamber of Commerce under number 18051574.

 

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