GENERAL SALES, DELIVERY AND PAYMENT CONDITIONS of Feuerfest Nederland B.V. situated in Rotterdam The Netherlands
These terms and conditions apply to all quotations made by Feurfest Nederland BV, hereinafter referred to as: Feurfest, and to all agreements concluded by Feurfest with buyers or clients, hereinafter referred to as the other party, regarding the sale or making available of goods or the provision of services as well as payments to Feurfest. Deviating clauses only bind Feurfest after written approval on its part and only for the agreement to which the approval relates.
Reference of the other party to its own terms and conditions will not be accepted by Feurfest, unless this has been agreed in writing in each case separately. Applicability of article 6: 227 b paragraph 1 of the Dutch Civil Code is explicitly excluded.
All quotations are valid for 20 days after the date of the quotation (including the days of sending and receipt of the quotation) but are made without obligation. If the offer contained in the quotation is accepted, Feurfest has the right to revoke, withdraw or change the offer within 5 working days after receipt of the acceptance. Verbal and telephone agreements as well as promises of Feurfest employees only bind Feurfest if they have been confirmed by Feurfest. Samples or specimens communicated by Feurfest to the other party during or after the quotation have the character of an approximate indication. Data derived from this is only binding if expressly agreed.
- The prices to be charged by Feurfest are the prices stated in the price list valid on the date of delivery, which is available on request from Feurfest. Feurfest reserves the right to change prices in the meantime after the publication of a price list.
- If the provisions of paragraph 1 mean a price increase in relation to the prices already agreed, then the other party is entitled to dissolve the agreement if the price increase takes place within three months after the conclusion of the agreement.
- Insurance and freight costs, the costs of registered, COD and express shipments as well as the costs of more expensive packaging, crates, containers, baskets, bags, pallets, etc. are charged by Feurfest. Packaging costs charged to the other party will be credited to him for 100% after return carriage paid in good condition.
- For deliveries of small value, Feurfest will charge freight costs as well as a surcharge in accordance with the surcharge rate applicable at the time the delivery is made.
- For small orders or orders for quantities smaller than the standard packaging, a countdown fee, administration costs and shipping costs, the latter insofar as they do not fall under the costs specified in paragraph 3, will be charged.
- The agreed fees are binding for services provided by Feurfest. Any disbursements and other expenses will be charged in full to the other party.
- Read the specifications of the handling and freight charges.
DELIVERY COSTS AND SHIPPING
- Delivery costs online orders:
- Sending an online order (within the Netherlands), of which the total amount exceeds € 450, is free of freight and handling costs.
- For online orders (within the Netherlands) under € 450, we charge € 9.50 freight costs and € 4.90 handling costs for small (er) orders.
- Delivery costs of other orders:
- Orders> € 450.00 without freight and handling costs.
- Orders> € 100.00 and <€ 450.00 = € 9.50 freight costs.
- Orders <€ 100.00 = € 9.50 freight and € 4.90 handling costs.
- Shipping times
- Delivery / Sending of orders is only done on working days.
- All orders that are ordered before 5:00 pm, have no order block and for which there is stock in the central warehouse in Rotterdam, are shipped the same day.
- Express delivery
- If an order is urgent, this can be indicated to your representative or back office colleague. This order will be shipped the same day, provided it is processed before 17:00, but it will be delivered before 11:00 the next day. Costs for this service will be charged in addition to any “normal” delivery costs.
4 TIME OF DELIVERY
- Feurfest will deliver the goods at the time or immediately after the end of the delivery period stipulated in the agreement. Agreed delivery times will never be regarded as deadlines, unless expressly agreed otherwise. In case of late delivery, Feurfest must therefore be given written notice of default.
- If no time or period within which delivery must be made has been agreed, delivery must take place within a reasonable period after the conclusion of the agreement, taking into account the nature of the item and the circumstances.
- If the other party remains in default to purchase after a summons, Feurfest can, at its option, either deliver at a time to be determined by Feurfest, or declare the agreement or the unperformed part of the agreement dissolved without judicial intervention, without prejudice to Feurfest’s right. for damages.
5 FORCE MAJEURE
- If Feurfest is temporarily prevented from fulfilling its obligations due to circumstances arising beyond the control and risk of Feurfest after the conclusion of the agreement, Feurfest is entitled to suspend the performance of the agreement for the duration of the prevention. The other party is entitled to dissolve the agreement, if it is in reasonableness, given the circumstances of the case, it cannot be expected that he waits for the (cause of the) impediment to be lifted.
- If Feurfest is permanently prevented from fulfilling its obligations due to circumstances as referred to in paragraph 1 above and these circumstances are not at the expense of Feurfest, each of the parties is entitled to dissolve the agreement insofar as it has not yet been performed at that time. .
- The circumstances as referred to above include in any case war, danger of war, riots, acts of war, fire, water damage, flooding, strike, company occupation, exclusion, import and export restrictions, government measures, breakdown of machinery, disruptions in the supply of energy, operational disruptions. and force majeure of suppliers, as well as the event that Feurfest is not enabled to deliver by its own suppliers.
6 DELIVERY AND TRANSFER OF RISK
- The other party bears the risk of the goods ordered by him from the moment they are delivered to him. The goods are delivered to the other party as soon as the goods have been deposited at the address indicated by the other party or with the order or as soon as the goods have been received by the other party there, subject to the provisions of paragraph 2 below.
- If the address indicated by the other party is located outside the Netherlands, the goods will be delivered to the other party as soon as they have passed the Dutch border.
- Unless otherwise agreed, Feurfest determines the mode of transport.
- The insurance referred to in art. III paragraph 2 of these general terms and conditions, covers the risk of loss or damage to goods during transport within the Netherlands.
- The other party is obliged to inspect the delivered goods upon arrival. In the event of suspected transport damage or loss, the other party is obliged to have this immediately noted by the carrier on the consignment note or packing slip, a copy of which must be sent to Feurfest without delay, and to communicate with Feurfest immediately.
- Feurfest is obliged to pass on any insurance payment to the other party, Feurfest is not obliged to perform to which its insurer is not obliged.
7 TRANSFER OF OWNERSHIP
- As long as the other party has not paid the full amount of the purchase price with any additional costs and any claim for compensation from Feurfest due to non-performance of the other party or has not provided adequate security for this, Feurfest retains ownership of the goods. Unless otherwise specified in art. 1 paragraph 1 of these general terms and conditions, Feurfest also reserves the ownership of goods, if the other party has not yet fulfilled all its existing obligations, arising from agreements under which Feurfest has delivered or will deliver goods, or arising from agreements under which Feurfest in addition to the delivery work has performed or will perform, or resulting from failure of the other party to fulfill an agreement as aforementioned, has paid to Feurfest or has provided sufficient security for this. Ownership is transferred to the other party as soon as the other party has fulfilled all its obligations as aforementioned towards Feurfest.
- For the application of the provisions of the first paragraph of this article, unless otherwise agreed in the sense of art. I paragraph 1 of these general terms and conditions, any payment that could be attributed to two or more obligations of the other party towards Feurfest, attributed in the first place to the obligation (s), for which the retention of title referred to in paragraph 1 of this article does not applies.
- If there is reasonable doubt at Feurfest regarding the payment capacities of the other party, Feurfest is authorized to deliver and dispatch pursuant to art. VI of these general terms and conditions until the other party has provided sufficient security for payment. The other party is liable for the damage suffered by this delayed delivery or delivery.
- As long as the goods delivered have not yet been paid in full, the buyer is not authorized to resell or deliver the goods, or in any other way, under any title, whether or not for free and whether or not in use, to another. to be transferred or made available to him.
- The other party is obliged to pay the purchase price in cash on delivery to Feurfest, unless otherwise agreed.
- Invoice amounts are incl. 2% credit limitation surcharge, which can be deducted when payment is made within 8 days of the invoice date. Payments can be made to bank account number NL97RABO0357236602.
- Negligence of the other party with regard to the purchase of the goods does not affect its payment obligation.
- If partial deliveries are made, Feurfest is not obliged to make further deliveries until after the invoices relating to the partial deliveries already made have been paid, without prejudice to the provisions of the other paragraphs of this article.
- If the other party has not fulfilled its payment obligations on the due date, it is immediately in default without notice of default being required. In that case, the other party is liable for all damage suffered and to be suffered by Feurfest.
- In the absence of timely payment, the other party will owe interest equal to the statutory interest, plus 3% per year, on the unpaid part of the principal sum, without any reminder or notice of default.
- The costs of collection, both judicial and extrajudicial, are for the account of the other party. The extrajudicial collection costs are set at 15% of the unpaid part of the principal sum, with a minimum of € 50.