General terms and conditions
Article 1: Definitions
- Calor Sport, situated in Groningen, The Netherlands, KvK-no 65644387, is issued as ‘seller’ in this document.
- The other party is issued as ‘buyer’.
- ‘Parties’ are the buyer and the seller together.
- The agreement means the purchase agreement between the parties.
Article 2: Applicability of general conditions
- These terms and conditions apply to all quotations, offers, agreements and deliveries of services or goods on behalf of the seller.
- Deviating from these conditions is only possible if agreed in writing by the parties
Article 3: Payment
- Invoices must be paid within 30 days after the invoice date, unless the parties have agreed otherwise in writing.
- If the buyer does not pay on time, he is in default. If the buyer remains in default, the seller is entitled to suspend the obligations until the buyer has fulfilled the payment.
- If the buyer remains in default, the seller will proceed to collection. The costs related to this collection will be payed by the buyer. The collection costs are calculated on the basis of the ‘Besluit vergoeding voor buitengerechtelijke incassokosten’.
- In the event of liquidation, bankruptcy or suspension of payment of the buyer, the seller’s claims against the buyer shall be immediately due and payable.
Article 4: Offers and quotations
- Offers from the seller are valid for a maximum of 30 days, unless a different term of acceptance is mentioned in the offer.
- The indication of delivery terms in offers, quotations or agreements is always indicative and therefore not binding. The seller does everything to fulfill the agreements regarding the delivery period.
- Offers and quotations do not automatically apply to repeated orders. The parties must expressly agree to this in writing.
- All indications in offers, quotations and the appendices thereto, such as illustrations, drawings, measurements, weights, colors, prints are only indicative.
Article 5: Prices
- The prices as stated in offers, quotations and invoices are in euros and excluding VAT charges and any other government levies, unless expressly stated otherwise.
- Any extra costs related to the import and / or customs clearance of goods are not included in the price and are therefore at the expense of the customer.
- The prices of goods are based on the cost prices known at that time. Increases, which could not be foreseen by the seller at the time of the offer, may lead to price increases.
- Any adjusted prices will be announced to the buyer as soon as possible.
Article 6: Change of the agreement
- If it appears – during the execution of the agreement – that it is necessary to change or supplement the work to be performed, the parties shall adjust the agreement accordingly.
- If the parties have agreed that the agreement will be changed, the delivery time may be affected. The seller will inform the buyer as soon as possible.
- If the change to the agreement has financial and / or qualitative consequences, the seller will inform the buyer about this in advance in writing
- If the parties have agreed on a fixed price, the seller shall indicate to what extent the change of the agreement will result in an exceeding of this price.
Article 7: Delivery and risk transfer
- Once the purchased goods have been received by the buyer, the risk passes from the seller to the buyer.
Article 8: Research by the buyer
- The buyer is obliged to examine the delivered goods at the time of delivery. In addition, the buyer should examine whether the quality and quantity of the delivered goods correspond with what the parties have agreed.
- Complaints regarding damage, shortages or loss of delivered goods must be submitted by the buyer in writing within 10 working days after the day of delivery of the goods.
- In the event that the complaint is well-founded within the set period, the seller has the right to either repair the product, the send another product or to refrain from delivery and to send the buyer a credit note for that part of the purchase price.
- Minor deviations and differences in quality, size or finish cannot be claimed by the buyer.
- Complaints regarding a certain product have no influence on other products belonging to the same agreement.
Article 9: Delivery
- The buyer is obliged to accept the goods at the time the seller delivers or has delivered them.
- If the buyer refuses purchase or is negligent in providing the information or instructions necessary for the delivery, the seller is entitled to store the ordered goods at the expense of the buyer.
- If the goods are delivered, the seller is entitled to charge delivery costs.
- A delivery period stated by the seller is indicative and never a strict deadline. If the term is exceeded, the buyer must give notice of default to the seller in writing.
- The seller is entitled to deliver the goods in parts, unless both parties have agreed otherwise in writing. The seller is in that case entitled to invoice these parts separately.
Article 10: Force majeure
- If the seller can not timely, not adequately or not at all fulfill his obligations due to force majeure, he is not liable for the damage suffered by the buyer.
- Force majeure means any circumstance which the buyer – at the time of the agreement – could not have been taken into account, such as illness, war, molestation, sabotage, terrorism, power failure, flooding, earthquake, fire, company occupation, strikes, altered government measures, transport problems and other disruptions in the seller’s business.
- In case the force majeure lasts longer than three months, the buyer has the right to dissolve the agreement with immediate effect.
Article 11: Retention of title and right of retention
- The goods delivered at the seller remain the property of the buyer, until the buyer has paid the entire agreed price. Until then, the seller can invoke his retention of title and take back the goods.
- If items have not yet been delivered, but the agreed payment has not been paid in accordance with the agreement, the seller has the right of retention. The products will then not be delivered until the seller has paid in accordance with the agreement.
- In the event of liquidation, insolvency or suspension of payment of the buyer, the obligations of the buyer are immediately due and payable.
Article 12: Complaint obligation
- The buyer is obliged to immediately report complaints about delivered products to the seller. The complaint contains a detailed description of the shortcoming, so that the seller is able to respond adequately.
- If a complaint is well-founded, the seller is obliged to repair the goods or to replace them if necessary.
Article 13: Guarantees
- If guarantees are included in the agreement, the following applies. The seller guarantees that the sold goods comply with the agreement, that they will function without defects and that it is suitable for the use that the buyer intends.
- The warranty applies for a period of one calendar year after the buyer receives the products.
- The warranty does not apply if the defect arose as a result of improper use or the product or when – without permission – the buyer or third parties have made (or attempted to make) changes to the goods or have used the purchased goods for purposes for which it is not intended.
Article 14: Applicable law
- Only Dutch law is applicable to this agreement.
- If one or more articles of these general terms and conditions are regarded as unreasonably, the remaining terms will remain in full force.
- All disputes resulting from this agreement are exclusively submitted to the court of the District Court of the Northern of The Netherlands.