General terms and conditions of sale and delivery of: Piet Jonker Abcoude B.V., Rijksstraatweg 23, 1396 JC Baambrugge
(hereinafter also: Jonker B.V.)
Filed with the Chamber of Commerce under number 30266397
ARTICLE 1: APPLICABILITY
- These general terms and conditions apply to all Jonker B.V. quotations, budgets, offers, received orders and order confirmations, as well as all between Jonker B.V. and other parties concluded (follow-up) agreements.
- These general terms and conditions always take precedence over any conditions of the other party. If a counterparty wishes to deviate from our conditions, this must be reported explicitly and in writing to Jonker B.V..
- A clause deviating from these conditions only applies insofar as the applicability of this clause has been agreed in writing between Jonker B.V. and the other party.
ARTICLE 2: QUOTATIONS AND ORDERS
- Every quote from Jonker B.V. is without obligation and only gives a general price indication. It is valid for two weeks.
- Drawings, designs, calculations, size and weight statements as well as other data that is not provided by Jonker B.V. are not binding for Jonker B.V..
- If the assignment to Jonker B.V. (partly) consists of interpreting data provided by the other party, Jonker B.V. accepts no liability whatsoever with regard to disputes arising from this interpretation.
ARTICLE 3: WRITTEN DRAWINGS
With regard to the documents submitted by Jonker B.V. that are provided to the other party for inspection, Jonker B.V. retains title and copyright, even if modest costs have been charged for these.
ARTICLE 4: PRICES
- Prices are exclusive of VAT.
- Prices apply ex warehouse, unless otherwise agreed.
- Price lists are valid until the end of the year of issue.
ARTICLE 5: PAYMENT, DELIVERY, STORAGE AND RISK
- Full payment must be made before delivery or upon collection. When concluding the agreement with a delivery period, the other party must pay at least 25%. In case of storage of the goods, full payment must be made within 30 days after the invoice date.
- The right to delivery arises only after full payment of the order. The affairs of Jonker B.V. travel ex warehouse at the risk of the other party, unless the transport is taken care of by Jonker B.V. itself. Specified delivery times can never be regarded as a deadline, unless expressly agreed otherwise.
- In the event of late payment, the other party will be in default by operation of law and will pay interest of 1.5% per month, part of a whole, calculated from the due date, to Jonker B.V., without prejudice to the further to Jonker B.V. future rights. All costs, both judicial and extrajudicial, that are incurred for the collection of the claim, will be borne by the other party. The extrajudicial costs are 15% with a minimum of € 450. Jonker B.V. reserves the right not to execute orders if the other party has not yet paid for other deliveries.
- The other party is obliged to purchase the goods within a period of 30 days after full payment, unless agreed otherwise. Any costs, including storage costs, which Jonker B.V. must make by the other party not taking the goods, can by charged to the other party. Storage on the yard of Jonker B.V. is at the risk of the other party.
ARTICLE 6: PROPERTY RESERVATION
- Jonker B.V. delivered goods remain its property as long as not all amounts owed to it have been paid with regard to:
- by Jonker B.V. goods delivered or to be delivered to the other party under the agreement.
- activities performed or yet to be performed for the other party pursuant to such an agreement, and
- claims due to failure to perform such an agreement with interest and costs.
- As long as the to Jonker B.V. amounts due have not been paid in full, the other party is not authorized to pledge the goods to third parties or to grant any other right to them, nor to process the goods.
- If the other party has any obligation under the agreement towards Jonker B.V. does not comply, Jonker B.V. entitled to take back the goods without prior intervention. The other party is obliged to give it the opportunity to do so, failing which a fine will be due equal to 10% of the purchase price per day, with a maximum of the invoice amount of the items to be retrieved, plus interest and costs.
ARTICLE 7: WITHDRAWAL, CANCELLATION
- The checking of the condition and the number of the delivered goods must be done by the other party. If no complaints are made about the delivered goods immediately after receipt, the quantities on the delivery notes, consignment notes or similar documents are recognized as correct. Complaints regarding possible shortcomings or damage must be noted on the receipt by the other party, to be valid.
- Processed goods are deemed to have been approved, without the other party still having any right of complaint.
- Cancellation of an order by the other party is only accepted if the other party is prepared to pay the costs already incurred. These costs amount to at least 10% of the agreed price with a minimum of € 125.
- Slight color and quality differences do not entitle to a complaint or cancellation, nor to compensation.
ARTICLE 8: LIABILITY
- The items are sold promptly in the condition in which they are located. The other party is authorized to have experts determine the quality, condition, quality and moisture content of the goods in advance at its own expense. Jonker B.V. cannot vouch for the business or for any information about their status. The other party accepts by the order to or signature of the offer of Jonker B.V. all visible and invisible defects of the goods.
- All working or processing of the goods is at the risk of the other party. For consequential damage or injudicious use, Jonker B.V. not liable.
ARTICLE 9: FORCE MAJEUR
Jonker B.V. is entitled to invoke force majeure in all cases in which it is beyond the control of Jonker B.V. circumstances arise that reasonably prevent the delivery of the sold goods or make them unreasonably onerous, such as non (timely) delivery to Jonker B.V. by its suppliers, strike or exclusion, mobilization, sabotage, flooding, fire or other business failure. In case of force majeure, Jonker B.V. the choice to postpone delivery or cancel the agreement.
ARTICLE 10: APPLICABLE LAW AND COMPETENT COURT
All agreements between parties and Jonker B.V. are subject to Dutch law. The competent court in Amsterdam will have exclusive knowledge of all disputes, unless otherwise stipulated by mandatory law.