General Terms and Conditions Eco-Point International B.V.
Eco-Point International B.V. P.O. Box 137 4660 AC Halsteren
phone: 00-31(0)164-632555 fax: 00-31(0)164-632556
General terms and conditions of sale, delivery, and payment, as deposited at the Chamber of Commerce in Breda, under number 4892.
- These general terms and conditions apply to all agreements entered into by us and quotations made by us, unless otherwise laid down and confirmed in writing.
- General terms and conditions of the opposite party never apply to our agreements, unless explicitly agreed otherwise and confirmed in writing.
- All quotations made by us are without any obligation and are valid for thirty days, unless agreed otherwise and confirmed in writing.
3. Formation of agreements.
- The purchase order is decisive in the determination of the contents of an agreement.
- Any changes to the agreements entered into with us should be notified of in writing. However, they do not come into force until they have been confirmed by us to the opposite party in writing.
- All of our agreements are entered into on the suspensive condition that the opposite party, after assessment by us, has proved to be sufficiently creditworthy to be able to fulfil his obligations concerning this agreement.
- All prices are in Euros, unless stated otherwise, and are exclusive of VAT. In case of orders with an invoiced amount below € 225, we will charge an extra € 15 for handling and carriage. Deliveries are made ex factory and goods travel for the account and risk of the opposite party. This also applies to goods that are delivered carriage-paid.
- If, during the period between the date of the purchase order and the actual delivery, any rise or surcharge comes into force concerning freight or customs fees applying to goods and materials, or if governmental measures were taken that show an effect not considered to be a normal trade risk, we are entitled to charge the opposite party accordingly with a surcharge on top of the prices for current orders.
- Payments should be credited to our account within 30 days from date of invoice.
- The other party is not entitled to any discount.
- If the amount of money owed according to the invoice has not been paid within the term stated in paragraph 1, the other party owes us an interest sum amounting to 1% per month or part thereof, of the total amount still owed according to the invoice. No notice of default is required for this.
- If we are forced to present a partly or completely unpaid invoice to a third party in order to collect the debt, any costs involved, legal and otherwise, will be for the account of the opposite party. For any costs made out of court, the opposite party is always indebted for a minimum of 20% of the main sum, added to the interest already owed.
- Each payment made by the opposite party will first go towards the settlement of the interest owed, and any costs made by us for debt-collecting purposes. The remainder will go towards the settlement of the oldest invoice still outstanding.
- Our representatives are not authorised to collect debts.
- All goods delivered remain our property until the opposite party has completely fulfilled his obligations.
6. Delivery time.
- The delivery time given by us, concerns an approximation only. It does not have any binding force, unless agreed upon differently in writing.
- Only if a delivery time has been agreed upon to be binding, is the opposite party entitled to dissolve the agreement if we have not delivered the goods ordered within this time. If, however, the goods can be delivered within a reasonable period of time, the opposite party should grant us this reasonable length of time to deliver the goods yet.
- If no delivery time has been agreed upon as binding, in writing, and we exceed the term unreasonably, the opposite party is not entitled to dissolve the agreement, and is not entitled to any compensation for damages.
7. Force majeure
If, as a result of circumstances beyond our control, we cannot reasonably be expected to comply with this agreement, we are entitled, at our option, to either extend the delivery time with the length of the hindrance, or to dissolve the agreement, without obligation to pay any damages on that account.
- Goods must be inspected upon arrival.
- If they are taken into use, they are considered to have been accepted.
- Any complaints concerning faulty deliveries, or other remarks, should be notified to us in writing within a week of delivery of the goods. This does not apply to trial orders. Goods returned without our permission will remain at the disposal of the opposite party, without prejudice to his obligation to comply with this agreement.
- Faulty deliveries will be replaced. We do not, however, accept any liability for damages resulting from faulty or wrong use of our products.
- Notifications by, or on behalf of, us, about the goods, concerning their quality, their use – in the widest meaning of the term, their applicability, and their characteristics in general, will only bind us if these were done in writing, and with the explicit intention of providing a guarantee.
- Our liability concerning deliveries that were not done, not done in time, or that were faulty, is limited to the net invoice value of the goods concerned, with a maximum of the amount we are able to recover from third parties or insurers.
- The same limitations apply if we are held liable by the opposite party on any other account than those stated in the sales agreement.
- The above liability limitations do not apply if there was any evil intent or gross negligence shown by management or supervisory staff within our company. The provisions of Article 8, paragraph 4, remains in full force.
10. Only the Dutch law is applicable to our agreements.
Any disputes arising from agreements entered into with us, or concerning our general terms and conditions themselves, will be brought before the authorised Court of Breda. For any claims on our part, the Court in the domicile of the opposite party is authorised.