CONCEPT MODEL General terms and conditions of delivery and payment of Groenplus
1. All our offers and quotations are valid for thirty days after the offer, but are made by us without obligation.
2. Offers are based on the information, models, drawings, designs etc. provided with the possible request. The other party, hereinafter referred to as: buyer, shall indemnify us against any claim by (a) third party (parties) in this respect.
3. All our offers are without obligation and indivisible, unless explicitly agreed otherwise. Orders shall only be binding on us following our written confirmation, which shall be sent within a reasonable period of time, without prejudice to the buyer's obligation to fulfil his order. Verbal agreements are only binding after they have been confirmed in writing within a reasonable period.
The prices quoted are for delivery ex warehouse, exclusive of shipping costs and inclusive of turnover tax, unless explicitly stated or agreed otherwise by us.
Delivery shall be ex warehouse in Mol unless otherwise agreed.
5.1 If it is agreed that the purchased goods will be delivered to an address by GROENPLUS, this will always mean that the goods will be unloaded next to the car on paved terrain, unless expressly agreed otherwise.
Stated delivery times shall never be regarded as deadlines unless explicitly agreed otherwise in writing. In the event of late delivery, we must therefore be given written notice of default, stating a reasonable period within which delivery must still be made.
Exceeding the delivery period will not cause us to be in default as referred to in article 6:83 of the Dutch Civil Code.
7. Any changes and/or additions to the original agreement will be binding on the parties only if confirmed by us in writing.
8. If one or more items are not available, we reserve the right to deliver comparable items as well as to partially dissolve the purchase agreement, i.e. with respect to that item or those items, against a proportional reduction of the purchase price.
9. Delivery will take place exclusively after advance payment, unless explicitly stated or agreed otherwise by us.
10.1. We undertake vis-à-vis the Buyer to deliver the goods in the description, quality and quantity agreed.
10.2. We undertake vis-à-vis the buyer to deliver goods that:
a. have been manufactured from sound materials and are of sound and safe design.
b. Agree with any samples, models or illustrations made available by or on behalf of the Buyer.
11.1. The Buyer must carefully inspect the goods delivered immediately after delivery and before processing or assembly for externally visible defects, execution, quantity and possible damage. In the absence of proof to the contrary, the signing of the delivery note or consignment bill without any record of protest shall be deemed to be proof that the goods have been delivered in the correct quantity, execution and without defects.
11.2. Any defects discovered afterwards that could not reasonably have been seen by the Buyer at delivery must be reported to us as soon as possible but no later than three days after such defects could reasonably have been discovered.
11.3. The costs of returning the purchased goods and/or sending back guarantee parts shall be borne by the Buyer.
11.4 If guarantee parts have to be replaced by GROENPLUS at the delivery address, the travel and/or transport costs will be borne by the purchaser.
12. Unless clearly indicated otherwise, all artificial hedges and accessories offered are of this, developed for use by individuals in the backyard. GROENPLUS excludes all liability in the event that the artificial hedges are used in public places or for commercial purposes.
12 a Groenplus excludes all liability for direct damage, indirect damage, personal injury and consequential damage caused by improper use, improper assembly or poor maintenance of the goods supplied.
12 b Groenplus reserves the right to make changes to the design, instructions or execution without prior notice.
13. Groenplus guarantees the artificial hedges and accessories it has delivered for manufacturing defects for a period of one year from the date of purchase. This applies only to the first owner, under the following conditions: The defects are caused by material or manufacturing defects. The instructions in the manual have been carefully followed.
The artificial hedges are suitable for private use as garden decoration. The warranty does not apply to normal wear and tear, natural discoloration as m.b.t. the material properties to be expected.
Where the artificial hedge is used as decorative material in publicly accessible areas or places with an increased fire risk, the buyer of the artificial hedge is obliged to take adequate measures to prevent fire.
The risk of fire and its consequences are for the buyer / owner of the applied artificial hedges.
14. The term of payment commences on the date as stated on the invoice or order confirmation concerned. If the term of payment is exceeded, we are entitled without further notice to charge the buyer a monthly interest of 1% and all costs relating to the non-payment with a minimum of 100, - including, for example, collection costs, judicial and extrajudicial costs including the fees and disbursements of our lawyer.
15. Payments made by the Buyer shall always serve to settle all interest and costs due and subsequently those invoices that have been outstanding the longest, even if the Buyer states that the payment relates to a later invoice.
16. As long as the goods with all additional costs have not been paid for in full by the purchaser, they shall remain the property of GROENPLUS. The purchaser shall not be entitled to pledge unpaid goods to third parties. In the event of late payment, the purchaser shall be obliged to return to us any goods which have not yet been resold on the first demand. If the goods are resold, we become entitled to the resale price while the buyer undertakes to cooperate with the relevant deed of assignment.
17. The administration of Groenplus is at all times deemed to accurately reflect the orders, deliveries and payments made, unless proven otherwise.
By placing an order with Groenplus, the buyer accepts these general terms and conditions of delivery and payment and further accepts that these will form part of the purchase agreement between the buyer and GROENPLUS.
The purchase agreement referred to in Article 18 contains all agreements made between the buyer and Groenplus and replaces all previously made agreements, arrangements and understandings.
20.All obligations and legal actions between the parties shall be governed exclusively by Dutch law.
21. Any disputes regarding all commitments and legal actions shall initially be adjudicated by the relatively competent Cantonal Court, or at least the District Court in Breda, according to absolute competence.
Any invalidity or non-validity of one or more of the above articles will not affect the validity of the other provisions.
IDENTITY OF THE ENTREPRENEUR
GROENPLUS
website: www.kunsthaag-kopen.nl
Mr. Bergmans Ben
Correspondence address:
FS EMSENLAAN 27
2400 Mol
Belgium
Phone number: +32 468493295
E-mail : kunsthaaggp@gmail.com
IBAN :
BIC:
VAT no: BE0807093943
