Delivery- and payment conditions
DELIVERY- AND PAYMENT CONDITIONS of XPERT DATA B.V., established and situated in Oldenzaal.
1. Validity of these conditions
1.1. These conditions concern every offer, agreement and/or order of Xpert Data b.v. (also mentioned the
Company) as agreed with third parties.
1.2. When the customer handles their own delivery-, sales- or purchase conditions that differ from the
Companies conditions, these conditions will not bind us unless they are accepted in writing by us.
1.3. A customer that once bought under the conditions of the Company, is expected that the next order that is confirmed by him verbal, in writing, by telephone, fax or at any other, silent agree with the applicability of the conditions, whether the order is confirmed or not.
2.1. All offers and quotations are without obligations, unless it consists a period for acceptation.
2.2. We have the right to decline an order for any reason.
3.1. Quotations will be done according the, at the time of agreement, valid prices. When the prices will increase afterwards (for example because of increase of rights, taxes, etc.), we will reserve the right to charge the price difference to the customer.
3.2. The mentioned prices are always excluding V.A.T..
3.3. Discounts are granted per order and give no right that we grant this discount at the next order.
4. Cancellation and amendments
4.1. If you want to cancel an order, our permission is required. At cancellation of an order given to us, all costs for that order made by us are for account of Buyer. Buyer has to pay 20% annulment cost. Company does not have to prove that the cost are really made.
4.2. Despite previous article we are entitled to damage payment caused by the annulment of the order due to loss of profit.
4.3. If Xpert Data b.v. due to act of God or other circumstances can not fulfill her obligations or parts of the obligations, Company is justified to postpone the agreement complete or partially till the cause of these circumstances are gone or to annul the agreement complete or partially by letter or fax to Buyer without any right of damage to Buyer.
5. Delivery and transportation
5.1. The delivery times mentioned shall never be considered as fatal delivery time and will be set approximately unless explicitly agreed different.
5.2. Transport of the to be delivered goods – unless otherwise agreed- are for account of the customer.
6. Right of ownership
6.1. The right of ownership of the delivered goods is transferred from Company to Buyer after Buyer has fulfilled its obligations regarding payment and other obligations made in the sales agreement.
6.2. In case Buyer does not fulfill the arrangements made in the sales agreement Company has the rights to take back the goods without prior notice. Buyer allows Company to enter the place the goods are stored in.
6.3. Buyer must notice Company if the goods are confiscated by a third party.
6.4. Buyer is not allowed to make pledges to third parties till the goods are fully paid..
7.1. Reclamations are only accepted in writing, ultimately within three days after receiving goods or services, in order to give Company the opportunity to check if the claim is justified.
7.2. If Buyer does not make any reclamation within three days after receiving the goods or services Buyer has accepted the delivery or services without any complaints.
7.3. Goods delivered by Seller will only be taken back if reclamations are made in time and after we have granted the return of the goods to Buyer. Goods must be delivered at our warehouse without any cost.
7.4. The value of the delivered goods will be discounted with a restocking fee, with a minimum of € 10,00 and other cost made by Company.
8.1. Small deviations in quality , which can not be avoided, or are accepted by normal business practice, are no ground for reclamations.
8.2. The assessment if goods are not confirm limits must be done by comparing the delivery. It is not possible to reject delivery by checking only a few products.
9.1 Subject to point 9.3, the Companies goods are covered by manufacturer’s warranty. This warranty covers only repair or replacement. The product or product parts which are replaced are owned by the Company.
9.2 Warranty is not applicable when goods are not handled, stored, displayed (etc.) in a proper way or non related causes or when goods are opened or modified without permission of or by the Company.
9.3 Unless otherwise agreed, the warranty period of goods delivered by the Company is three years after delivery date.
9.4 Where goods are covered by a manufacturer’s warranty, the Company will inform the Customer on his request about the manufacturer’s conditions.
10.1 When the Company is hold liable for any damage due to improper delivery, the Company is only liable for damage which concludes directly and immediately by delivery of the Company the damage is hold only to the buying cost of the order.
10.2 Connecting on previous condition, the Company excludes liability by reason of any delay in performing, or any failure to perform, any of the Companies obligations in relation to the Goods, where the delay or failure was due to any cause beyond the Companies reasonable control.
10.3 The Company shall not be liable for any damage to goods if these arise due to improper handling, storage, handling or display (etc.) by the Customer of these goods.
10.4 The Customer is obliged to release the Company of all cost, damage and interest, which are caused directly by third parties for which the Company is not liable.
11.1 All goods purchased must be paid for in full by the Customer within 14 days of the date of Companies invoice, unless otherwise is stated on the Companies invoice.
11.2 If the Customer fails to pay in full by the payment date the Company will charge the Customer interest at the rate of 1 ½ per cent of the invoice amount and duration of non payment period.
11.3 All legal and non legal costs are to be paid by the Customer who is in omission. The non legal costs are 15 per cent of outstanding amount including interest with a minimum of € 150,00.
11.4 The Customer is not allowed to compensate the outstanding amount with other payments which are not bound to this agreement.
12. Legal construction.
12.1 All Contracts shall be governed by and interpreted in accordance with Dutch law.
12.2 With regard of article 100 Code of Civic Right progress, all conflicts between the Company and the Customer will be settled by the Court of Enschede but the Company may enforce such Contract in any court of competent jurisdiction.
13. Specifically dissolving condition with relation of deliveries to Belgium customers.
13.1 Extra conditions are applicable to Belgium customers.
“en cas de non-paiement à l’échéance le vendeur peut considérer celle-ci comme résolue de plein droit et sans mise en demeure. Le vendeur se réserve la propriété des marchandises jusqu’au complet paiement. Les risques sont à charge de l’acheteur. Les acomptes pourront être conserves pour couvrir les peretes éventuelles à la revente”.