TERMS AND CONDITIONS WICOTEX
Article 1 - Applicability of these conditions
1.1 This terms and conditions apply to every offer, quotation or contract of the partnership WICOTEX V.O.F., (kvk nr. 11067206) hereafter: “Wicotex”,
1.2 To the extent that the buyer refer to other terms in the offer or acceptance, their applicability will be expressly rejected.
Article 2 - Establishment and delivery
2.1 An agreement is concluded at the time of the buyer’s receipt of order confirmation by e-mail or post.
2.2 An agreed delivery date is not a deadline unless expressly agreed otherwise.
2.3 It is allowed for Wicotex to supply sold goods in parts. If the goods are supplied in parts, Wicotex is authorised to invoice each part separately.
Article 3 - Storage
3.1 If for any reason the buyer does not receive the goods at the agreed time and they are ready for shipment, Wicotex will be allowed to keep the goods, at the request of the buyer's business, in its secure storage facilities and will take all reasonable measures to prevent deterioration in quality until they are delivered to the buyer.
3.2 The buyer is obliged to pay to Wicotex the storage costs in accordance with Wicotex’s usual rate and, failing that, the customary rate charged from the moment that the goods are ready for dispatch, or, if a later timing, as agreed in the contract delivery date.
Article 4 - Quality
4.1 Wicotex pledges to the buyer to deliver the goods in the description, quality and quantity as specified in the (possibly later modified) quote.
4.2 Wicotex pledges to the buyer to supply him with things that:
a. are of solid materials and are of a sufficiently high standard;
b. in all respects equal to any samples or models, which are made available or provided by Wicotex and / or the purchaser;
c. perform (finish) as described in the offer.
4.3 Wicotex does not warrant that the goods are fit for the purpose for which the buyer intends to use them, even if such purpose is made known to Wicotex, unless the contrary is agreed between the parties.
Article 5 - Warranty and liability
5.1 Wicotex guarantees that the design, composition and quality of the goods to be delivered under the order comply in all respects with all applicable relevant requirements, laid down in laws and / or conditions stipulated by other relevant public relief that are in force at the time of conclusion of the contract.
5.2 Wicotex is, in regard to both the buyer and to customers of the purchaser, liable for damage to and through the matters occurring during the warranty period specified in the order confirmation, unless the damage is caused by the fact that the purchaser or recipient thereof uses goods contrary to the instructions issued thereon in the use or otherwise makes a mistake.
5.3 The liability of Wicotex is limited to free repair of defective goods or to replace the goods or a part of it, all at the discretion of Wicotex.
Article 6 - Reservation of ownership
6.1 Except as provided in paragraphs 2 and 4 of this article, the ownership and risk of the goods transfers to the buyer upon delivery.
6.2 As long as the buyer has not paid the full amount of the purchase price plus any additional costs or has provided security, Wicotex retains ownership of the goods. In that case, ownership passes to the buyer as soon as the buyer has fulfilled all their obligations towards Wicotex.
6.3 If there is reasonable doubt for Wicotex regarding the payment capacity of the buyer, Wicotex is entitled to postpone the delivery of goods until the buyer has provided security for the payment. The buyer is liable for the damages suffered by Wicotex through this delayed delivery.
Article 7 - Payment, breach default and collection costs
7.1 The purchasing price includes the cost of packaging, transportation and delivery charges specified by the buyer within the Netherlands, except the price of the goods. In an order under € 225.--, transport and delivery costs are not included in the price.
7.2 The buyer is obliged to pay the purchase price within 30 days after dispatch of the invoice by Wicotex.
7.3 The buyer is not entitled to deduct any amount from this price due to a counterclaim that they may make.
7.4 If the buyer does not meet his payment obligations, he is legally in default. The buyer may be required upon receipt of a formal notice to pay € 10.-- towards administration costs.
7.5 If Wicotex proceeds with extrajudicial measures in cases of default of the buyer, the costs are borne by the buyer. This is the cost of the principal amount in accordance with the Decree for compensation for extrajudicial collection costs from 1 July 2012. These extrajudicial costs amount to at least € 40.-- and up, depending on the principal amount, € 6775.--.
Article 8 - Termination
7.5 If the buyer, after being in default, fails to comply with a notice for a period of one week, Wicotex is entitled to terminate the contract without judicial intervention.
7.6 Furthermore, the contract is dissolved without judicial intervention at the time when the purchaser is declared bankrupt, applies for a provisional suspension of payments, or a request from Wicotex, an individual, is granted by the court until the application state of the debt rescheduling arrangement, or by seizure, receivership or otherwise loss of the power to dispose of its assets or parts thereof, unless the trustee or administrator recognizes the obligations arising from this contract as estate debt.
7.7 On termination the buyer is liable for the damage suffered by Wicotex including among others loss of profits, transport costs and the cost of the notice.
Article 9 - Applicable law and disputes
9.1 All agreements concluded by Wicotex are governed exclusively by Dutch law. The CISG does not apply to these agreements.
9.2 Any disputes which may arise as a result of their agreement between the parties or further agreements and other actions will be settled in connection with this Agreement by the Tribunal of Gelderland, located in Arnhem, except to the extent that mandatory rules of competence would hinder this decision.
These conditions are effective from October 13, 2014 and are registered with the Chamber of Commerce under number 1067206 on October 13, 2014