(Filed with the Chamber of Commerce in Leiden under number 28101516)
These general terms and conditions of sale apply to all our offers and to all agreements entered into with third parties.
All our offers are non-binding and we reserve the right to withdraw or to amend any offer made within 3 working days of receiving any order.
Stated prices apply and unless otherwise stated, exclude sales tax and shipping/transport costs. Agreed prices are based on the cost factors that apply at the time the agreement is concluded. We reserve the right to charge the buyer a proportional price increase with a delay of 3 months, in the event of a price increase by our suppliers and in the event of other changes in price-determining factors.
Shipping, Storage and Transport
The risk of accidental loss or deterioration of the goods duringShipping, storage and transport(including Free Deliveries), passes to the customer as soon as the goods are handed over to the delivery company.
The choice of shipping, storage, transport and packaging used remains with us.
The rights from the seller’s order with its suppliers, which naturally precedes the delivery to our buyers, are subject to transfer to third parties. The buyer can submit a written objection to a transfer to a third party and only then has the right to demand termination of the agreement on these grounds.
Upon the transfer to the third party of the rights from the seller’s order, normal delivery of the goods in question to the buyer can take place instead of that original seller.
Allowing partial deliveries to be made is possible.
The delivery period used is 30 days, unless expressly agreed otherwise in the agreement.
If the delivery period of the goods is exceeded, this will only lead to default if delivery has not yet been made after a 30-day follow-up period has expired. This period starts on the day of receipt of a registered summons letter from the buyer.
If no delivery takes place even after notice of default, the buyer is entitled to cancel the agreement in writing. Failure to do so can never entitle us, not even after notice of default, to claim compensation that exceeds the invoice amount or the maximum payment under our corporate liability insurance.
In the event of force majeure delaying or preventing the fulfillment of the agreement, we are authorized to cancel the agreement without giving the buyer any right to compensation.
Force majeure also includes, but is not limited to, any reason outside our reasonable control such as but not limited to, war, national emergency, terrorism, riot, inadequate transportation facilities, inability to secure materials, supplies, fuel or power, shortage or non-availability of raw materials, plant breakdown, fire, flood, windstorm, explosion, accident or other act of God, strike, lockout or other labour dispute, order or act of anygovernment, whether foreign, national or local, whether valid or invalid.
Liability and Complaints
Complaints regarding deliveries must be made to us in writing within eight days after the goods have reached the buyer.
If a complaint has been made in time and the delivered goods do not comply with the agreement, we will arrange for free re-delivery at our discretion and upon return of the delivered goods, or credit the returned goods. Damage resulting from this is only reimbursed up to a maximum of the invoice amount or the maximum payment under our business liability insurance.
Unless specified otherwise on the invoice, payment must be made within thirty days of the invoice date. Any discount given for cash payment may be deducted if payment is made within the specified period, except when one or more previous invoices remain unpaid. If the payment term is exceeded, interest is due equal to the statutory interest on the invoice date, plus a risk surcharge of 4% per year for each month or part thereof past the payment due date. Advertising does not suspend the payment obligation. Debt comparison is never permitted.
The extrajudicial collection costs are in accordance with the applied rates of the Bar Association are the responsibility of the customer and are payable without further notice as soon as we have given the claim to third parties for collection.
If the customer fails to pay due invoices, misses an acknowledged payment date, or when the financial circumstances of the customer should deteriorate following the formation of the contract or when Quality Colors BV should receive unfavourable information which calls into question the solvency or creditworthiness of the customer or the customer’s ability to fulfil its obligation under the contract, Quality Colors BV shall be entitled without prejudice to further rights to stop any services and demand advance payment or to request asecurity payment first. Failure to comply with this obligation will be considered a breach of contract and gives us the right to dissolve the agreement in whole or in part without further notice of default and/or judicial intervention. Quality Colors BVshall be entitled to Claim compensation for any losses that we suffer as a result of such conduct, including possible additional expenses. Further compensation is reserved.
All goods, whether delivered or not, remains the property of Quality Colors BV until all claims we have or will have against the buyer, for whatever reason, have been paid in full. The buyer is therefore not permitted to resell the purchased item, to encumber it in any way, to process it or to dispose of it in any other way without prior written approval from us. In the event that the buyer fails to fulfill his or her obligations under the agreement, Quality Colors BV are entitled to take back the goods without further notice of default being required, furthermore our agreement will also be dissolved without judicial intervention, and without prejudice to our right to compensation.
All our agreements are governed by Dutch law.
Any and all disputes arising from offers and deliveries as well as from contracts for the execution of work or for purchase and sale will, if the buyer does not respond within one month, be forwarded for judgementin the local courts with the exclusive jurisdiction of the statutory place of business of seller in any action brought under the Agreement.