Disclaimer / General terms and conditions

GENERAL DELIVERY CONDITIONS OF:

Article 1 Applicability:

Every legal relationship between us and the other party is governed exclusively by these terms and conditions, with the understanding that where there is a negotiation of article paragraph 1 and sub 2, paragraph 1 applies with regard to a natural person who does not act in the exercise of a profession or business and sub 2 on other counterparties. All price lists, brochures and other information provided for or with an offer are stated as accurately as possible. These are only binding for us if this has been expressly confirmed by us in writing. Details do not need to be provided. Deviations from these conditions must also be expressly agreed with us in writing. If we have agreed in writing to the applicability of deviating terms and conditions, the present terms and conditions will otherwise remain in force, even if this is not expressly stated. The other party cannot derive any future rights from any agreed deviations from these conditions.

Article 2 Offers

All offers are made without obligation, unless expressly stated otherwise, and are based on any information, drawings, specifications, etc. provided. All price lists, brochures and other information provided for or with an offer are stated as accurately as possible. These are only binding for us if this has been expressly confirmed by us in writing. Details do not need to be provided.

Article 3 Agreements

1. Agreements are only concluded through a written acceptance/confirmation of an order on our part, or from the time at which we commence the execution of the order.
2. Any additional agreements or changes made later, as well as agreements and/or commitments made by our staff or on our behalf by our sellers, agents, representatives or other intermediaries and/or resellers, only bind us if they have been confirmed by us in writing.
3. If we confirm an order in writing, the content of the order confirmation will serve as the content of the agreement.

Article 4 Cancellations

1. If the other party, after placing and accepting the order, wishes to cancel it, for whatever reason, we have the right, at our discretion, to either oblige the other party to fully comply with the agreement or to accept the cancellation under the terms and conditions. condition that the other party pays an amount equal to 20% of the amount of the order as fixed compensation within a period to be set by us.
2. The arrangement contained in the previous paragraph also applies if the other party refuses to accept a shipment of ordered goods. The other party will then also be charged for any additional transport costs.

Article 5 Prices

1. The prices stated are based on the cost-determining factors at the time of the offer. We reserve the right to pass on to the other party any changes in those cost-determining factors that have occurred after the date of our offer or order confirmation, even if these cost-increasing circumstances could already have been foreseen upon acceptance of the order.
2. Costs of additions and/or changes to the order or agreement will be borne by the other party.

Article 6 (De)delivery

1. We are obliged to observe the agreed delivery times as much as possible, but for the delivery of goods that have not been delivered within the agreed period, we are entitled to a subsequent delivery period of 14 days, starting from day after we have received a written reminder for delivery from the other party.
2. Delivery takes place ex warehouse
3. We are entitled to deliver in parts, which we can invoice separately; the payment terms as determined in art. 14 of these conditions also apply to these invoices.

Article 7 Transport

1. Unless otherwise agreed, we determine the means of transport and the transport routes, without being responsible for choosing the fastest and cheapest option.
2. Unless otherwise agreed, the transport costs will be charged to the other party.

Article 8 Retention of title

1. We remain the owner of all goods sold by us until payment by the other party of the consideration with regard to the goods delivered or to be delivered by us under the agreement or with regard to the work also carried out or to be carried out for the benefit of the other party under such an agreement, as well as of claims due to failure to comply with such an agreement.
2. Before full payment, the other party is not entitled to pledge the goods in whole or in part to third parties or to transfer ownership thereof other than in accordance with its normal business or the normal destination of the goods.
3. In the event of treatment, processing or mixing of the delivered goods by or at the other party, we obtain co-ownership of the newly created goods or goods, or the main goods, for the value of the (original) goods delivered by us.
4. In the event of non-payment of a due amount, suspension of payment, suspension of payment, application for suspension of payment, bankruptcy, application for bankruptcy, placement under guardianship, death or liquidation of the other party's affairs, we will have the right without notice of default and without judicial intervention, to cancel the agreement or the part thereof that still has to be delivered and to reclaim what may have been delivered but not paid or not fully paid for, as our property, after settlement of any money already paid, without prejudice to our rights to demand compensation for any loss or damage. In those cases, any claim we have against the other party is immediately due and payable.

If we invoke the retention of title, the agreement(s) will also be dissolved without judicial intervention, without prejudice to our right to claim compensation for damages, lost profits and interest.

Article 9 Complaints

1. Complaints, which are understood to mean all grievances due to the condition of the goods at the time of their delivery or due to other causes not provided for elsewhere in these conditions, will only be processed by us if they are addressed within 8 days after delivery of the goods. matters are in our possession in writing. External and visible defects must also be noted on the consignment note upon arrival.
2. Complaints in the event of contracting work, repairs or maintenance or arising from any other agreement will only be processed by us if the other party proves that the defects to which the complaint relates are the result of an inaccuracy in the work carried out by us. and the complaints are in our possession in writing no later than six weeks after delivery.
3. There can never be any inaccuracy in the work carried out by us if and insofar as we had to rely on data, drawings, calculations, etc. in the performance of our work that did not come from us or if the condition of the objects to be processed is unsuitable. was for the assigned work.
4. Complaints can only be processed if the goods are still in the condition in which they were delivered. In case of doubt, the other party will have to prove that this is the case.
5. Returns are only permitted after prior consultation and provided they are accompanied by return advice, stating the reason for the return and the date and number of the invoice with which the goods were invoiced.
6. If we find a complaint to be well-founded, we can, at our option, repair, replace or reimburse the other party for the items to which the complaint relates, excluding any other right of the other party to compensation.
7. A complaint does not suspend the payment obligation.

Article 10 Warranty

1. Insofar as they are purchased from third parties, we do not provide any more warranty on the goods supplied by us than that given to us by our suppliers.
2. Unless otherwise agreed, no warranty is given on all delivered goods that were (essentially) not new at the time of delivery.
3. If we replace items in order to fulfill our warranty obligations or refund the purchase price, the items in question become our property.
4. Our warranty obligations expire immediately in the following cases:
5. If the other party carries out repairs or changes or has them carried out during the warranty period without our prior consent.
6. If the other party does not meet its payment obligations.
7. The other party does not have the right to refuse payments on the grounds that we have not, not yet or not fully fulfilled our warranty obligations.

Article 11 Non-attributable non-compliance

1. Non-attributable non-compliance means:

Article 12 Liability

1. Unless proven by the other party, intent or gross negligence on our part or on our part, we are not liable for any damage, in any form whatsoever and either directly or indirectly, that could be the result of the use or unsuitability of the delivered by us.
2. Furthermore, we are not liable for damage caused by the fact that the sold/delivered goods and/or installations do not meet the statutory or other government requirements imposed or to be imposed on the use of these goods and/or installations.
3. Without prejudice to the provisions of the above parts of this article, our liability for damage is limited to an amount equal to the net invoice values ​​of the items involved.
4. If we could rely on the provisions of this article, any employees who may be held liable can also rely on this, as if they were parties to the agreement themselves.

Article 13 Indemnity

1. The other party is obliged to indemnify and hold us harmless against all costs, damages and interest for which we may be held liable by third parties as a result of our performance of the agreement.

Article 14 Payment

1. Unless otherwise agreed in writing, payment must be made net, in cash, upon delivery without any discount or debt settlement or by deposit or transfer to a bank or giro account designated by us before the delivery date.
2. Notwithstanding the provisions of section A of this article, repair orders will only be carried out against payment of the amount due before or simultaneously with delivery.
3. All payments must be made at our offices or into an account designated by us.
4. Payments must be made in the currency in which the agreed prices are expressed.
5. Every payment by the other party is primarily intended to settle the interest owed by it as well as the judicial and extrajudicial costs, as determined in the following articles, and will then be deducted from the oldest outstanding claim.
6. The other party will be in default simply by the expiry of the above-mentioned payment date; notice of default is not required for this.

Article 15 Pension

1. If a longer credit period than 8 days is agreed or it is wrongly taken, the other party will owe interest on the invoice amount from the invoice date.
2. This interest amounts to a percentage equal to 4% above the statutory interest. Each time at the end of a year, the amount on which interest is calculated is increased by the interest owed for that year.

Article 16 Costs

1. All judicial and extrajudicial costs that we have to incur in connection with non-compliance/shortcoming of the other party are at its expense.
2. In the event of late payment, the extrajudicial collection costs will amount to at least 10% of the amount to be collected with a minimum of 250 Euro.

Article 17 Applicable law

1. All agreements between us and the other party will be governed exclusively by Dutch law. The applicability of the Uniform Laws concerning the international purchase of movable tangible property is expressly excluded.

Article 18 Competent court

1. All disputes that may arise between us and the other party in connection with any legal relationship falling under the terms of these conditions, if they fall within the jurisdiction of the District Court, will in the first instance be settled exclusively by the District Court in Amsterdam.

Article 19

1. Bol piano & grand piano B.V. is not bound by its offer if there are printing, typographical or programming errors in its catalogues, mailings or on the Website.