Terms and Conditions
Pelgrum Vink Materials BV
1. OFFERS
1. All offers are without obligation, unless otherwise agreed. The seller is not bound until he has accepted the order in writing.
2. Unless the buyer has explicitly set special quality requirements, the seller will suffice with delivery of the usual commercial quality.
3. Any stipulations or conditions that deviate from the General Terms and Conditions by the buyer are only valid if and insofar as they have been confirmed by the seller in writing.
2. PRICE
1. Unless stated otherwise, the price applies ex warehouse, exclusive of VAT, packaging costs, any duties to be levied at the border and required inspection costs.
2. If one or more of the cost price factors undergo an increase after the date of the offer, the seller is entitled to increase the price accordingly when accepting the orders.
3. CURRENCY RISK
If the agreed price is expressed in a currency other than Euro, this price is based on the exchange rate of the European Bank established for the currency concerned. If, after acceptance of the order, but before the goods have been delivered, a change of more than 5 percent to the detriment of the Euro currency occurs in this exchange rate, the seller is entitled to adjust the price accordingly.
4. AGREEMENT FOR DELIVERY
Each agreement is concluded under the suspensive conditions that the information to be obtained by the seller shows that the other party is considered to be sufficiently creditworthy.
5. DELIVERY RISK AND RETENTION OF OWNERSHIP
1. Ordered goods are deemed to have been delivered:
a.in the case of franked delivery at the time of arrival of the means of transport;
b. in the event of non-carriage paid, as soon as the carrier has received these goods for shipment to the address specified by the seller;
c. if these goods are collected by the buyer, which is only possible during normal working hours, when they are ready for dispatch, after the buyer has been informed thereof;
d. in case of delivery carriage paid to the buyer's work or warehouse, the seller is not obliged to transport the goods or have them transported further than to where, in the opinion of the carrier, the means of transport can reach the destination in a proper manner with full load. The buyer is obliged to take receipt of the goods there and to unload the goods immediately after arrival with sufficient personnel and any material at his expense and risk;
e. if the work or warehouse cannot be reached in the above-mentioned manner, the seller has the right to present the cargo for unloading as close as possible to the work or warehouse, whereby the provisions of the second paragraph of this article remain applicable;
f. all this also applies to non-franked delivery, if the seller provides the transport;
g. all damage arising from the buyer's failure to fulfill obligations described in this article can be recovered from the buyer.
2. As soon as the goods are ready for dispatch as referred to in Article 1c or have been loaded for dispatch to the address specified by the buyer, the buyer bears the risk thereof, including the risk of all direct or indirect damage to or by these goods for copper.
3. Delivery in whole or in part has no influence on the aforementioned transfer of the risk to the buyer, nor does a statement in the consignment note that all damage during transport is at the expense of the sender.
4. Even if the seller provides transport, the goods nevertheless travel at the risk of the buyer.
5. The goods remain the property of the seller until the full purchase price and any interest have been paid.
6. DELIVERY TIME
1. The seller makes every effort to deliver the goods on time, without, however, assuming any liability for exceeding a delivery period. The choice of means of transport is the seller's work or warehouse for sale.
2. If it has been agreed that the delivery will take place in parts or "on demand", each part or each demand will be considered separate delivery only.
7. FORCE MAJEURE
1. If the seller is prevented from executing the agreement due to force majeure, regardless of whether it has not yet been executed or has only partially been executed, it has the right to suspend the execution of the agreement without legal intervention for the duration of the consequence of the force majeure. , or to cancel the agreement, without being obliged to pay any compensation.
2. If the buyer gives him a written reminder, the seller is obliged to declare his choice as aforementioned within 14 days.
3. Force majeure is understood to mean: transport difficulties, import and export obstacles, crop failures, stopping of imports, delays in supply and delivery, government measures, fire and other serious business disruptions, sabotage and armed actions, riots, strikes and exclusion of workers and furthermore all other circumstances, as a result of which compliance with the agreement cannot reasonably be expected of the seller.
8. COMPLAINTS
1. If no explicit complaint is made within 24 hours after receipt of the delivered goods, both by telephone and in writing about the quantity and quality of the living materials, then the quantities stated on the consignment notes or on the delivery notes are binding and the quality deemed good.
2. Other complaints must be submitted by the buyer to the seller by registered letter within 8 days of the invoice date, with precise reasons.
3. If the complaint is found to be well-founded, the seller will either pay reasonable compensation up to a maximum of the invoice value of the goods in respect of which the complaint was justly submitted, or replace these goods at his own expense, at his discretion and subject to the condition that the If so desired, the goods that have been claimed have been received back by the seller.
4. Any complaints regarding a particular delivery do not release the buyer from payment or suspension of payment.
5. During the advertising period and afterwards, if the complaint is justified, the goods must nevertheless be handled carefully, so that no deterioration in quality occurs.
9. PAYMENT
1. If the buyer has not paid within 30 days after the invoice date, he is considered to be in default by operation of law and the seller has the right to charge an interest of 1% per month from the due date on the invoice amount as of the date on which this term has expired. until receipt by the seller, as well as with 15% collection costs.
2. All payments must be made without discount or set-off at the offices of the seller or by transfer or deposit into the bank account numbers indicated on the invoice.
3. Any collection, exchange and protest costs to be incurred by the seller, as well as judicial and other costs for the collection of the amount owed to him, are for the account of the buyer.
4. The seller always has the right to change circumstances, even if other payment conditions have been agreed, to make the delivery or further delivery of goods dependent on prepayment, cash payment or payment of an advance on the purchase price.
10. DISSOLUTION
If the buyer does not, not properly or timely comply with any obligation that arises for him from this or any other agreement concluded with the seller, as well as in the event of bankruptcy, suspension of payment or liquidation of the buyer's company, the buyer is deemed to be in default by operation of law. and the seller has the right, without any notice of default and without judicial intervention, to suspend the execution of the agreement until that obligation has been fulfilled, or to dissolve the agreement in whole or in part, at his discretion, without any compensation. to be held. Without prejudice to the other rights accruing to the seller, the seller is entitled, in the event of full or partial dissolution of the agreement, to claim compensation for costs, damage and interest. In the event that the seller suspends the execution of the agreement or terminates the agreement in whole or in part, any claim that the seller has or will receive on the buyer is immediately and immediately due and payable.
11. SEEDS
Seeds are delivered net
WARRANTY: Seller is not liable for bad results achieved with the delivered goods and for the consequences thereof.
PACKAGING: Pallets, containers and crates that are not returned, as well as necessary ones, will be charged. Within one week, it must be stated in writing where the pallets, containers and crates that are not immediately returned are or will be stored. Empty bags will not be taken back.
INSPECTION: If the buyer prescribes inspection requirements that exceed the usual inspection requirements, the seller will charge the additional costs associated with this to the buyer.
The seeds under inspection of the NAK Tuinbouw are supplied with a certificate of origin. Unless otherwise specified in our own conditions, the other conditions of the “International Seed Federation (ISF) July 1, 2016” and the General Conditions for the Trade in Agricultural Seeds (AVHZ) ”of January 21, 2002 apply.
12. PLANTS
Insofar as not determined otherwise in our own conditions, the 'Trading Conditions for Tree Nurseries in the Netherlands 2008. Filed under no. 42/2008 at the registry of the District Court in The Hague.'
13. LAW
Dutch law applies to the agreement.
The judge in the Arnhem district is competent.
