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https://www.buzaglo.nl/en/delivery-and-payment-terms
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General Delivery- and Payment Terms Buzaglo B.V. Almere

Updated version: March 16, 2017

1. Application

Unless expressly agreed otherwise in writing, these delivery and payment conditions apply to all quotations, offers, agreements and / or transactions between Buzaglo B.V. (hereinafter referred to as "Seller") and its customers (hereinafter referred to as "Buyer"). Any stipulations made by the buyer - including general terms and conditions of the buyer - are only applicable if seller has accepted them in writing.


2. Offer

All offers, in whatever form and by whomever done, are not binding. All specifications relating to dimensions, weights, illustrations, descriptions, drawings, sketches, designs and prices are not binding and are only intended to give a general representation. Deviations do not entitle buyer to refuse receipt and / or payment of goods or to demand any compensation. Seller expressly reserves the intellectual right of all images, drawings and sketches, etc. These documents, also in digital form, remain the property of the seller and may not be copied, reproduced, shown to third parties, or made available or used in any other way without his explicit consent.


3. Agreement

An agreement between buyer and seller comes into being after the seller has confirmed the agreement. The buyer declares during this process or has agreed in advance to agree with these conditions. Additions and / or changes to an agreement are only binding if the seller has confirmed them in writing. Agreements and / or commitments of representatives or other personnel are only binding for seller if they are confirmed in writing. The seller cannot guarantee the correct recording of telephone orders.


4. Delivery

Delivery shall take place, unless expressly agreed otherwise in writing, on the method of dispatch from the factory or warehouse determined by the seller, taking into account the agreed conditions regarding minimum quantity and other free of charge conditions. Seller is entitled to partial deliveries at any time. Each partial delivery counts as a separate delivery. Seller is permitted to additional or lesser delivery of ± 10%.

 

5. Delivery time and force majeure

The delivery time is determined to the best of knowledge and is not binding unless expressly agreed otherwise upon in writing. The delivery time commences the moment the order confirmation is dispatched, and can be postponed on condition that all necessary must-be provided details by the buyer are in the possession of the seller. The seller has fulfilled his obligations with regard to the delivery time if the goods were sent before the end of the delivery period or if they were informed that they are ready for shipment. Exceeding the delivery time for any reason whatsoever, does not entitle the buyer to refuse receipt and / or payment of goods or to demand any compensation from the seller.

If the seller is prevented from fulfilling the contract due to force majeure which make it more costly and / or more objectionable, the seller has the right to extend the delivery time accordingly or to suspend compliance with the agreement or to terminate the contract without judicial intervention and declare the contract to be fully or partially dissolved, without the seller being obliged to pay any compensation or guarantee. In this case, force majeure means any circumstance, as a result of which compliance with the contract can no longer reasonably be expected from the seller, to which circumstances at least in the sense of these conditions can be counted: war and danger of war, total or partial mobilization, blockade, riots, rebellion, strike, exclusion, fire, storm, frost, disease, epidemics, flooding, traffic disturbances, im - and / or export bans, company trades interruption at the sellers' suppliers, at the transporters or at the sellers own, bankruptcy or default of suppliers, measures taken by the Dutch and / or foreign government bodies, which make the execution of the agreement inconvenient and / or more expensive than it was during the conclusion of the contract, etc. This article also applies if the circumstances in question arise at factories, importers or other traders from who seller is obliged or accustomed to retrieve goods or services.

 

6. Transport risk

The delivery of goods is prepared at the risk of the seller, and includes transportation when delivery free domicile has been agreed upon. The risk passes to the buyer as soon as the goods have been handed over to the carrier or if the buyer takes care of the transport and the goods are ready for being picked up. If the buyer is responsible for transport, he must collect the goods at the date and place specified by the seller. In the absence of a timely collecting, the seller is allowed to store items at the expense and risk of the buyer. Any transport damage must be notified on the waybill or the receipt immediately after delivery of the goods, and also must immediately being communicated in writing to the seller.

 

7. Prices

The prices quoted apply from factory or from warehouse. The sales prices are based on the prices, exchange rates, wages, taxes, duties, charges, freight costs etc. existing at the time of the order confirmation. In the event of a change in one or more of these factors before delivery has taken place, the seller has the right to change prices accordingly. The sales prices are exclusive of VAT or similar taxes, packaging costs, transport costs, insurance premiums, customs duties, import duties and similar costs. All these costs and taxes are entirely at the expense of the buyer, unless expressly agreed otherwise.

 

8. Payment and collection

All payments without any deductions must be made within 30 days after the invoice date on the bank account indicated by the seller. If the seller makes partial deliveries, he is entitled to invoice each partial delivery separately and to require payment in accordance with this article. Payments are considered first to be deducted from the costs, then from the interest and then from the oldest claim. Buyer is never allowed to debt comparison. The Seller shall at all times have the right before delivery to require the Buyer that sufficient security is provided for the fulfillment of his payment obligations. If the buyer does not provide such security, the seller has the right to discontinue further deliveries. If the buyer does not pay within the agreed term, all outstanding claims of the seller will become immediately due and payable. If the buyer does not pay within the agreed term, he is furthermore deemed to be legally in default and the seller has the right to charge default interest without further notice of default. The interest is calculated on the outstanding and due and payable amounts from the day on which payment should have been made until the day of full payment.

The contractually payable default interest is equal to the applicable commercial interest, as referred to in article 6: 119A of the Dutch Civil Code, to be increased by 2%. All collecting expenses, both judicial and extrajudicial, including the costs of legal advice, which seller makes, are at the expense of the buyer. The extrajudicial collecting costs amount to at least 15% of the total amount due, with a minimum of EUR 50, =. This amount is indexed annually with the price index figure of household consumption to be determined by CBS: Centraal bureau Statistieken in the Netherlands.

 

9. Reservation of ownership (retention of title)

Seller reserves the ownership of the goods delivered now and in the future, until the current and future claims against the buyer have been paid in full. This extended retention of title serves as security for all that the buyer owes to the seller in respect of or in connection with deliveries made by the seller, including interest and costs. This article involves all by seller delivered goods, or goods received in custody for the seller, of which payment is demanded. The Buyer is not authorized to use or dispose in any way whatsoever over goods which are subject to the Seller's retention of title, other than in accordance with his normal business operations and the normal destination of the goods. Under no circumstances the items may be loaned or transferred to others as a security or payment or for any other reason. If the buyer has failed to fulfil any obligations towards the seller and furthermore in case of dissolution of the agreement for whatever reason, the seller shall have the right to take back all goods, which are subject to the retention of title, without judicial intervention, while the buyer shall be obliged immediately to return these goods free of charge to the seller on first reminder, not excluding prejudice to the seller's right to compensation under these conditions and the law. The buyer cooperates in favour of the seller to establish a right of pledge on other goods of the buyer.

The buyer must clearly store the delivered goods separately and protected until they have been paid in full.

 

10. Reclamations

Buyer is obliged to check the goods immediately upon receipt. Defects must be communicated to the seller in writing immediately, but not later than within 14 days after receipt of the goods or after discovery of defects that are not detectable at all, in the event of faults for which the right to complain will have expired. Goods delivered can only be returned after written permission from the seller. In the event that the cause of the complaint lies with the buyer, the seller is entitled to charge 25% of the goods value for this.

 

11. Warranty on bicycles

The seller guarantees the construction, material and manufacturing of the bicycles he has delivered, making reservations that seller can do so for all bicycles or parts thereof, which for a period of 24 months after delivery due to insufficient construction and / or when material became defective in that period, free new bicycles or parts will be delivered. The bicycles or parts concerned must be sent to the seller free of charge. Disassembly or assembly of parts is not for the account of the seller. Defects caused by normal wear and tear, improper handling or improper or incorrect maintenance, or those that occur after modifications or repairs by or on behalf of the buyer or by third parties, are not covered by the guarantee. The guarantee only applies if the buyer has fulfilled all his obligations towards the seller (both financial and otherwise) from any agreement whatsoever. The guarantee does not extend beyond the free delivery of new parts.

 

12. Liability

Subject to the provisions of article 11, the seller is never liable for any damage - including loss of profits - suffered by the buyer and / or third parties - employees included - directly or indirectly caused by the seller's goods, unless the damage was caused by intent or gross negligence on the part of the seller, in which case the seller will never be obliged to pay a higher compensation than an amount equal to the selling price. Seller is never liable for direct or indirect damage of any kind caused by his staff or third parties of which he serves. The buyer is obliged to fully indemnify the seller, both in and out of court, from any liability to third parties.

 

13. Dissolution

In case of non, not timely or improper fulfillment by the buyer of the obligations arising from any agreement with the seller as well as in the event of bankruptcy, suspension of payment, debt restructuring of natural persons or applications for restructuring or being in the situation have ceased to pay, shutdown or liquidation of the company of buyer or in the case of takeover by third parties, the buyer is deemed to be in default by operation of law and furthermore in case fulfillment is temporarily or permanently impossible, seller has the right without judicial intervention termination of the contract either in whole or in part and without prejudice to the right to compensation.

 

14. Applicability of law and disputes

Dutch law is applicable to the agreements concluded by the seller, to the exclusion of the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG). All disputes that may arise as a result of the present agreements or further agreements shall exclusively be settled by the competent court in Amsterdam, unless the law prescribes mandatory jurisdiction of another court.

These General Delivery and Payment Conditions have been filed with the Chamber of Commerce in Amsterdam.

 

Delivery conditions (general)

Prices:                    

  • In Euros (€), unless otherwise agreed and / or stated

Deliveries:              

  • Basically ex works Almere

Within the Benelux:

  • Franco house, at: customer orders from € 1.000, - excl. VAT
  • Ex works Almere, at: customer orders <€ 1.000, - excl. VAT

Payments:             

  • Basically cash upon delivery; optionally within 30 days, net