GENERAL CONDITIONS :
BTW nummer: NL805737054B01
KvK nummer: 32065036
Article 1 Applicability
- Every legal relation between us and the opponent party will be exclusively submitted by the current conditions, provided that there appears to be a negotiation of article paragraph in sub 1 and sub 2, sub 1 is applicable to a natural person, who does not act professionally or in a company’s interest and sub 2 on other opponent parties.
- Every pricelist, brochure and other data provided with an offer are given as accurately as possible. These are only binding when explicitly confirmed by us in writing. Details do not need to be provided.
- Differences in these conditions need to be explicitly agreed with us in writing.
- When we have a written agreement of the applicability of the divergent conditions, although this is notexplicitly mentioned, the relevant conditions for the remaining terms will still be valid.
- To possible agreed exceptions of these conditions, the opposite party cannot draw any rights for the future.
Article 2 Special offers
- Every special offer is optional, unless mentioned differently, and based on given data, architectural plans, blueprints etc. All pricelists, brochures, and other data that come with special offers, have been made as accurately as possible. These are only binding when confirmed by us in writing. Details do not have to be given.
Article 3 Agreements
- Agreements work out basically by a written accession/confirmation of an assignment from our part, or the moment on which we have started to work on an assignment.
- Possible supplementary agreements or changes and also arrangements and/or affirmations made by our staff or made by us on behalf of our sales persons, agents, representatives or other intermediaries and/or distributors, are only valid by a written confirmation.
- The contents of the confirmation of the order are the same as the contents of the agreement.
Article 4 cancelations
- In case the buyer, after placing and accepting the order, wishes to cancel the order for any reason whatsoever we have the right either to oblige the customer to fulfil the agreement or to accept the cancellation under the condition that he/she pays 20% of the amount of the order as a compensation.
- The arrangement mentioned under A. is also applied when the other party does not wish to receive ordered goods. In that case transportation costs will be charged.
Article 5 Prices
- Before the complete price is paid, the opponent party is not allowed to pawn or sell the goods to a third party.
- In case of A. we regain the right of possession of the goods for the value of the original goods supplied by us.
- In case of a non-collectable amount, interruption of payment, a moratorium, application for moratorium, bankruptcy, application for bankruptcy, curatorship, death or liquidation of the customer’s affairs, we have the right to cancel the agreement completely or partially without legal intervention and to require the goods as our own with the right to claim a reimbursement for the loss or damage. In this case every claim is immediately exigible. If we make an appeal to ownership all agreements will be cancelled without any legal intervention.
Article 6 Delivery
- We are bound to adhere to the agreed delivery time, however, for the delivery of goods which have not been delivered within the agreed deadline we have the right to deliver within 14 days, to be effected the first day after we receive a written reminder from the other party.
- Delivery takes place directly from our warehouse.
- We have the right to deliver partially, which we can invoice separately; the conditions as stated in article 14 are also applicable to these invoices.
Article 7 Transportation
- If not agreed otherwise, we choose means and ways of transportation without being responsible for the fastest and cheapest way.
- Unless agreed differently, costs of transportation will be charged to the other party.
Article 8 Ownership
- We remain the owner of all goods sold by us, until the full amount has been paid by the other party.
- The other party is not allowed, until the amount has been paid completely, to sell or pawn goods to a third party.
- In case of B, we still remain the owner of the goods.
- In case of a non-collectable amount, interruption of payment, a moratorium, application for moratorium, bankruptcy, application for bankruptcy, curatorship, death or liquidation of the customer’s affairs, we have the right to cancel the agreement completely or partially without legal intervention and to require the goods as our own with the right to claim a reimbursement for the loss or the damage. In this case every claim is immediately exigible. If we make an appeal to ownership all agreements will be cancelled without any legal intervention.
If we claim our ownership, the agreement will be cancelled without legal intervention, however, we can claim a compensation for damage, lack of income and interest.
Article 9 Claims
- Claims will only be treated when written to us within 8 days after delivery. Visible imperfections need to be reported at the moment of delivery.
- Claims for work, repair or maintenance will only be treated when the other party proves in writing within 6 weeks after delivery that the work has not been done by us properly.
- We cannot go wrong in the work done by us if we had to rely on data, drawings, calculations etc. which did not come from us or if the goods are not suitable for the entrusted work.
- Claims can only be treated when the goods are still in the condition in which they have been delivered. In case of doubt the other party will have to prove that this is the case.
- Returns are only allowed after prior consideration and are accompanied by a return address, date, invoice number and the reason of returning the goods.
- If we found a claim valid, we can repair the damage, replace or compensate the goods.
- Claims do not postpone the obligation of payment.
Article 10 Warranty
- We do not give more warranty time to our customers than we are given by our suppliers.
- Unless agreed differently, no full warranty can be provided on goods which are not completely new.
- The obligation to fulfil our warranty will be invalid in the following cases:
1.If the other party have the goods repaired or altered by another party without our consent
2.If the other party does not meet the obligation of payment
- The other party has the right to refuse to pay if we have not or have not yet met our obligation to realize work during the warranty-period.
Article 11 Disability to meet the terms of the agreement
- Disability to meet the terms of the agreement means: unforeseen circumstances which cannot be held against us and therefore we cannot meet our obligations towards the other party
- It means in every case: strike, extreme absence because of illness, problems with transportation, fire, government measures (import, export disallowances), tax measures, business failure in our company or in our supplier’s company because of which we cannot meet our agreements.
- If a situation of not being able to meet the terms of agreement happens, we have the right to postpone or cancel the agreement.
- We have the right to claim payment when the agreement has been made before the fact of disability has occurred
- We also have the right to claim disability to meet the terms of the agreement when this situation occurs after our work could have been completed.
Article 12: Accountability
A.We cannot be held accountable for damage caused by use or unsuitability of the product, unless proven by the opponent party.
B.We can also not be held accountable for damage caused by devices which do not meet the decrees required by the government.
C.Our accountability for damage is limited to the amount mentioned on the invoice of the goods.
D.This goes not only for the management, but also for our employees.
Article 13: Protection
The opponent party is obliged to protect us from all claims done by a third party after having met our obligations with the opponent party.
Article 14: Payment
A.Unless agreed in writing otherwise, every payment has to be made, before delivery, by bank transfer in our account without any discount
B.Also repair costs must be paid, before delivery, by bank transfer.
Article 15: Interest
- If a longer period of 8 days of credit is given or taken incorrectly, the other party has to pay a certain percentage of the invoiced amount from the date of the bill.
- This interest is 4% more than the actual interest. The amount on which the interest has to be paid will be increased with the interest which had to have been paid
Article 16: Costs
- All legal and non-legal costs we have to make concerning not performing or failure of the other party, are on the expense of the other party.
- In case a customer does not pay promptly, assembling costs will be at least 10% of the amount with a minimum of € 250,-
Article 17: Applicable law
- On every agreement between us and the other party the Dutch law is applied exclusively.
Article 18: Accomplished judgement
- Every dissension that may occur between us and the other party will be primarily dispatched by the district court of Amsterdam.
- Bol piano & vleugel B.V. is niet gebonden aan haar aanbod indien sprake is van druk-, zet- of programmeerfouten in haar catalogi, mailings of op de Website.