Terms of conditions
1. These terms and conditions are applicable to all of our offers, quotations, work activity, deliveries, commitments and agreements that you conclude with us. The applicability of your own terms and conditions is hereby expressly rejected.
2. Our quotations are free of obligation and are valid for fourteen (14) days if no other period is specified. Orders will be filled in accordance with the price lists applicable on the day of the order.
3. Delivery times are only indicative. You are only entitled to claim compensation and/or termination of the agreement if you have granted us a reasonable period, in view of the circurnstances, to still meet our delivery obligation and we have also exceeded this period. The transport costs are for your account, unless otherwise agreed. The risk for the goods to be delivered will transfer to you upon loading (with FCA delivery) or unloading of the items at the delivery address. You are obliged to accept the goods we have provided to you for purchase.
4. Unless otherwise agreed, payments must take place within thirty (30) days of the invoice date, without any discounts or set-off. In case of late payment, we will charge collection costs and statutory commercial interest. The actual costs incurred for collection as well as litigation costs and costs of legal assistance are entirely for your account. The extrajudicial expenses wil! be determined in accordance with the Reimbursement for Extrajudicial Collection Costs Decree (Besluit vergoeding voor buitengerechtelijke incassokosten) with a minimum of €250, excluding VAT.
5. Delivery will take place under retention of title. All goods delivered and to be delivered by us to you remain our property until you have fulfilled all your obligations to us, including the current, previous and subsequent deliveries, as well as any claims we have made against you for failure to fulfill your obligations to us, claims for compensation and for reimbursement of judicia! and extrajudicial costs and interest.
6. Complaints must be invoked in writing within fourteen (14) days of delivery, stating the nature and grounds of the complaint(s) and the number and date of the relevant invoice. The submission of a complaint does not suspend your obligation to pay. We will not process complaints that have been subrnitted too late.
7. Products of which the seal has been broken or which have expired will not be taken back by us under any circumstances.
8. In the event of carriage paid delivery, the insurance costs will be for our account. However, our liability is limited to a maximum of the amount of the invoice value already charged or to be charged by us, unless the insurer pays out a higher amount in damages. In such case, our liability will be limited to the payment we receive from the insurer plus the deductible, whereby the deductible to be paid out, once more, will be limited to a maximum of the amount of the invoice value already charged or to be charged by us. The insurance to be taken out will cover normal transport risk, therefore, the coverage does not extend to extraordinary risks and/or war risks. We accept no further liability.
9. We, our employees or any third parties engaged by us are not liable for any damages you suffer in connection with any agreement or delivery, unless said damages are the direct result of intent or deliberate recklessness on our part. This also applies to the delivery of goods, the delivered goods themselves or the use thereof, the properties or quality of the sold and/or delivered goods or any work activity, services or advice given by us or on our behalf, which also includes damages due to the improper performance of repair or offtake obligations. Under no circumstances are we liable for direct or indirect damages consisting of loss of turnover or goodwill, damages due to downtime, loss of revenue, lost profit or other indirect damages. Damage that is not discovered and reported within fourteen (14) days of product delivery is not eligible for compensation. Our total liability towards you is always limited to the invoice amount for the relevant delivery.
10. Force majeure will also comprise non-performance and/or force majeure on the part of our suppliers. In case of force majeure on our part, we are entitled to an nul the agreement, on which we are required to express our opinion within fourteen (14) days of the occurrence of the force majeure.
11. The processing of personal data is subject to our privacy conditions. These are available on our website (www. kanters. n I/privacy-voorwaarden).
12. All offers, quotations, work activity, deliveries, commitments and agreements to which these conditions apply are subject to Dutch law. All disputes will, insofar as the legal provisions allow, be submitted at our discretion for judgment to the competent court in the district of East Brabant.
13. We are entitled to modify these terms and conditions. You are deemed to have accepted the relevant modification(s) if we have not received a written objection hereto within fourteen (14) days of our written notice that the modification(s) will take place.