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General terms and conditions
GENERAL TERMS AND CONDITIONS WICOTEX B.V.
Article 1 - Applicability of these terms and conditions
1.1 These general terms and conditions apply to any offer, quotation or agreement of the private limited liability company WICOTEX B.V., (Chamber of Commerce no. 77729129) hereinafter: "Wicotex",
1.2 Insofar as the buyer would refer to other terms and conditions in his offer or acceptance, their applicability is expressly rejected.
Article 2 - Conclusion and delivery
2.1 These General Terms and Conditions apply to every offer made by the Company and to every distance contract and order concluded between the Company and the Buyer.
2.2 An agreed time of delivery is not a deadline, unless expressly agreed otherwise.
2.3 Wicotex is permitted to deliver sold goods in parts. If the goods are delivered in parts, Wicotex is entitled to invoice each part separately.
Article 3 - Storage
3.1 If for any reason the purchaser is unable to take delivery of the goods at the agreed time and the goods are ready for dispatch, Wicotex shall, if its storage facilities permit, at the request of the purchaser store the goods, secure them and take all reasonable measures to prevent their deterioration until they have been delivered to the purchaser.
3.2 The buyer is obliged to reimburse Wicotex for storage costs in accordance with Wicotex's usual rates and, in the absence thereof, in accordance with the usual rates in the industry, from the time that the goods are ready for dispatch or, if this is a later time, from the delivery date agreed in the purchase agreement.
Article 4 - Quality
4.1 Wicotex undertakes to the buyer to deliver the goods in the description, quality and quantity as further described in the offer (possibly later amended).
4.2 Wicotex undertakes to deliver to the buyer goods which:
- are made of sound materials and are of sound construction;
- are identical in all respects to any samples, or models, provided or made available by Wicotex and/or the buyer;
- deliver the performance (workmanship) as described in the offer.
4.3 Wicotex does not guarantee that the goods are suitable for the purpose for which the buyer intends to use them, even if this purpose has been made known to Wicotex, unless the opposite has been agreed between the parties.
4.4. If private individuals order from Wicotex and return a product in good condition, the return costs shall be borne by the buyer and Wicotex shall in no way be liable for this.
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 requirements stipulated in laws and/or other relevant government regulations in force at the time of the conclusion of the purchase agreement.
5.2 Wicotex shall be liable towards both the buyer and the buyer's customers for damage to and caused by the goods during the warranty period stated in the order confirmation, unless the damage is the result of the fact that the buyer or one of his customers uses the goods contrary to the accompanying instructions for use or otherwise makes a mistake in their use.
5.3 The liability of Wicotex is limited to the repair free of charge of the defective goods or the replacement of those goods or a part thereof, all this at the discretion of Wicotex.
Article 6 - Retention of title
6.1 Subject to the provisions of paragraphs 2 and 4 of this article, the ownership of and the risk for the goods shall pass to the buyer upon delivery.
6.2 As long as the buyer has not paid the full amount of the purchase price with any additional costs or has not provided security for this, Wicotex reserves ownership of the goods. In this case, ownership shall pass to the buyer as soon as the buyer has fulfilled all his obligations towards Wicotex.
6.3 If Wicotex has reasonable doubt 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.
payment. The buyer is liable for any damages suffered by Wicotex due to this delayed delivery.
Article 7 - Payment, default and collection costs
7.1 The purchase price includes, in addition to the price of the goods, the costs of packaging, transport and delivery costs at the place designated by the buyer within the Netherlands. For an order above an amount of € 75, the transport and delivery costs are included in the price. This amount may be adjusted annually in line with the increase in transport rates.
7.2 The buyer is obliged to pay the purchase price within 30 days of the invoice being sent by Wicotex. For new customers, the1st order must be paid prior to delivery.
7.3 The buyer shall not be entitled to deduct any amount from this purchase price on account of a counterclaim made by him.
7.4 If a credit note has to be drawn up, this credit note will not be paid to the buyer, but settled with the next order. If the buyer is not an existing customer of Wicotex, the credit note will be paid out.
7.4 If the buyer does not fulfil his payment obligations on time, he shall be in default by operation of law. The buyer may be required to pay €10 in administrative costs by reminder.
7.5 If Wicotex takes extrajudicial measures in the event of default of the buyer, the costs thereof shall be borne by the buyer. These are the costs over the principal sum in accordance with the Decree for compensation of extrajudicial collection costs of 1 July 2012. These extrajudicial costs amount to a minimum of € 40 and a maximum, depending on the principal sum, of € 6,775.
Article 8 - Dissolution
7.5 If the buyer, after being in default, does not comply with a notice of default with a deadline of one week, Wicotex is authorised to dissolve the purchase agreement without judicial intervention.
7.6 Furthermore, the purchase agreement shall be terminated without judicial intervention by operation of law at the time when the buyer is declared bankrupt, applies for a provisional suspension of payments, or a request of Wicotex, a natural person, is granted by the court to declare the debt rescheduling scheme applicable, or loses the power of disposition of his assets or parts thereof due to attachment, receivership or otherwise, unless the receiver or trustee acknowledges the obligations arising from this purchase agreement as an estate debt.
7.7 In the event of dissolution, the buyer shall be liable for damages suffered by Wicotex, including loss of profit, transport costs and the costs of the notice of default.
Article 9 - Applicable law and disputes
9.1 All contracts concluded by Wicotex shall be governed exclusively by Dutch law. The Vienna Sales Convention shall not apply to these agreements.
9.2 All disputes that may arise between the parties as a result of their contract, or further contracts and other actions in connection with this contract, shall be settled by the District Court of Gelderland, location Arnhem, except in so far as mandatory rules of jurisdiction would prevent this choice.
These terms and conditions are valid from 31 August 2023 and have been filed at the Chamber of Commerce in Tiel under number 77729129 on 31 August 2023.
Copyright © Wicotex | 31 August 2023