General Terms and Conditions for the company DeGM BV registered under number 88560554 at the Chamber of Commerce, hereinafter referred to as Supplier. The supplier for the Supplier is hereinafter referred to as the Customer.
Article 1
These general terms and conditions apply to all quotations and to all agreements for the manufacture and delivery of concrete moulds.
Article 2
All quotations are individualized and without obligation, unless a term for final acceptance is stated in the quotation.
Article 3
After oral and/or written acceptance of the quotation, a delivery obligation arises on the one hand for the supplier and on the other hand a payment obligation for the Customer.
The delivery time and the payment time will be included in every quotation / agreement.
The final payment time is 30 days after the delivery date, unless other arrangements have been made in the offer and/or delivery agreement.
Article 4
The delivery takes place at the business address of the Supplier, unless other agreements have been made about this.
Article 5
The supplier is entitled to implement a price increase in the event of a delivery obligation that is more than 2 months after the conclusion of the accepted offer/order, without the Customer being entitled to dissolve the agreement, if there are price increases on the supplier’s purchasing market. of more than 10%.
Article 6
The supplier is entitled to suspend or immediately terminate the accepted offer/contract if:
The Customer is in suspension of payment
There is a bankruptcy filing from the Customer
The Client has been seized
There is some form of debt restructuring at the Customer.
Article 7
Without mutual consent, an accepted offer/agreement cannot be dissolved without paying compensation.
The compensation is the previously agreed purchase price due for the accepted offer/agreement.
Article 8
The supplier is not obliged to deliver (or to deliver on time) if there is force majeure in the company of the supplier.
Force majeure includes, among other things: a strike at the supplier’s company, the inability to work due to measures announced by the government in the context of a pandemic, circumstances on the supplier’s purchasing market as a result of which the supply of materials stagnates. These circumstances on the purchasing market include situations of force majeure that may occur at the suppliers.
If the force majeure situation(s) lasts longer than 3 months, both the supplier and the customer have the authority to dissolve the already accepted offer/agreement.
Article 9
If the Customer does not pay within 30 days after the delivery date or does not pay on time in the event of a different payment term, the Customer is legally in default and the Customer owes default interest of 1% per month from the due date. In the event of collection measures by the Supplier or third parties, the Customer will also bear the costs of collection costs in the broadest sense.
Article 10
All goods delivered by the supplier under the accepted offer/agreement remain the property of the Supplier. (Reservation of title)
The Customer must immediately inform the supplier as soon as goods subject to retention of title have been seized.
The Customer must externally insure all goods delivered under retention of title at market value and, at the request of the supplier, assign the insurance benefits to the supplier.
Article 11
The supplier offers a warranty of 7 days after the time of delivery on all molds supplied, provided that the molds are used in the manner prescribed and customary in the sector.
Article 12
If the Supplier is held liable and this liability is acknowledged by the Supplier or established in court, the compensation/compensation shall not exceed the invoice amount of the accepted offer/agreement.
The supplier excludes any form of consequential damage.
Article 13
As soon as the molds have been delivered, the risk of loss, damage or depreciation is fully transferred to the Customer.
Article 14
The Customer indemnifies the Supplier against any claims from third parties who suffer damage in connection with the accepted offer/agreement.
Article 15
Dutch law applies exclusively to all legal relationships to which the supplier is a party.
These terms and conditions have been filed with the Chamber of Commerce under number 88560554