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1.1 These terms and conditions apply to all agreements entered into by Van Buren Bolsward B.V., established in Bolsward, hereinafter referred to as Van Buren.
1.2 Special provisions deviating from the terms and conditions of Van Buren are only binding if they have been agreed upon in writing.
2.1 All offers and/or quotations are without engagement, unless expressly stated otherwise.
2.2 Verbal offers by Van Buren or its subordinates are not binding unless they have been confirmed by it.
2.3 Data in printed matter provided by Van Buren are subject to change without prior notice. They do not bind Van Buren.
Arrangements or agreements with subordinate members of Van Buren's personnel do not bind the latter, insofar as they have not been confirmed by Van Buren. As subordinate personnel are to be considered in this respect all employees and employees who have no power of attorney.
4.1 The agreement of purchase and sale of goods and/or performance of work shall only become binding on Van Buren by its confirmation.
4.2 Every agreement entered into with Van Buren contains the resolutive condition that Van Buren will prove the client's creditworthiness, at its sole discretion. The Client shall allow Van Buren to request information about it if necessary, for which information Van Buren will turn to the A.F.I. agency in Leeuwarden.
4.3 Data concerning the goods offered, such as characteristics, sizes, weights, etc., as well as data in printed matter, drawings, illustrations, etc. provided by Van Buren at the time of the offer, are not binding for Van Buren and are given in good faith. The customer is under the obligation to ensure that printed matter, drawings, illustrations, etc. are neither copied nor made available to third parties or that third parties are informed of their contents.
5.1 Van Buren accepts the applicability of general terms and conditions of contract partners and/or third parties only if they are expressly agreed upon in writing.
5.2 However, any applicability of the aforementioned general terms and conditions shall not affect the applicability of Van Buren's general terms and conditions, unless they conflict with those general terms and conditions of contract partners and/or third parties.
5.3 General terms and conditions shall be accepted by Van Buren only under the above-mentioned conditions and shall apply only to the transaction intended for that purpose. Subsequent transactions will not be automatically settled by those purchase conditions.
6.1 The agreed delivery periods are not deadlines, unless expressly agreed otherwise. In the event of late delivery or completion, the Client must give Van Buren written notice of default. The delivery periods have been determined in the expectation that there are no impediments for Van Buren to deliver the goods or commence the work.
6.2 If, after the expiration of the delivery period, ordered goods have not been taken by the Client, they will be stored at the Client's expense and risk.
Any partial delivery, including the delivery of goods of a compound order, may be invoiced; in such a case, payment must be made in accordance with the provisions of article “Payment”.
8.1 All agreements are always concluded on the basis of the prices valid at the time of conclusion.
8.2 If after the agreement, the prices of wages, social security contributions, sales tax or import tariffs, etc. are increased, or if fluctuations in the exchange rates of both domestic and foreign currencies occur, even if they are the result of circumstances that could have been foreseen at the time of the offer, they may be passed on. If this occurs within three months of the conclusion of the agreement, both parties shall be entitled to dissolve the agreement.
8.3 If the price fluctuation exceeds 5% of the agreed transaction, both parties are entitled to demand full settlement.
Van Buren shall be entitled to require a down payment of at least 25% when entering into the agreement. If the agreement is dissolved as a result of an attributable breach of performance on the part of Van Buren, the client shall be entitled to reimbursement of the down payment made, in addition to damages, as provided for in these terms, which shall in any case include the statutory interest on the amount paid in advance by the client.
10.1 If the Client cancels the order and/or refuses to take delivery of the goods, it shall be obliged to accept and pay for the materials and raw materials already purchased by Van Buren, whether or not treated or processed, at the cost price, including wages and social security charges, and shall otherwise be obliged to pay Van Buren full compensation for the work already performed. The Client shall also owe Van Buren as compensation the amount of 1/3 of the agreed price. The Client is furthermore obliged to indemnify Van Buren against claims by third parties as a result of the cancellation of the order and/or refusal of the goods.
10.2 Without prejudice to the previous paragraph of this article, Van Buren reserves all rights to claim full performance of the agreement and/or full compensation.
Shipments shall be made in the manner indicated by Van Buren. If the Client wishes to receive a shipment in a different manner, such as, inter alia, by fast or express delivery, the additional costs involved will be at the Client's expense.
12.1 Van Buren shall not be liable for any costs, damages and interest which may arise as a direct or indirect result of:
12.2 Van Buren shall be liable, insofar as its insurance covers it, or up to a maximum of the invoice value, for damage to the work, accessories, materials and equipment, as well as to the work and/or property of the Client and/or third parties, insofar as such damage is caused by Van Buren's fault or that of the persons engaged by Van Buren to perform the work assigned to it.
12.3 Van Buren shall in principle not be obliged to compensate the Client's business loss and/or consequential loss, depending on the nature of the fault.
13.1 The Client is obliged to thoroughly inspect the work and/or the goods for defects immediately after delivery and, if any are discovered, to inform Van Buren immediately in writing. If the Client does not inform Van Buren within 8 days after the day of delivery or completion of the work or goods of defects which could have been discovered during a thorough inspection, the Client shall be deemed to have agreed to the condition in which the goods have been delivered or completed and any right to complain shall lapse.
13.2 Van Buren must be given the opportunity to check complaints submitted. In the event of agreement, a written statement will be drawn up to be signed by both parties.
13.3 If the complaint is correct in Van Buren's opinion, Van Buren shall either pay fair compensation up to a maximum of the invoice value of the delivered goods or replace the delivered goods free of charge after returning them in their original condition.
14.1 The work shall include only that which has been agreed between the parties in writing.
14.2 The Client has the right to order changes to this before or during the execution of the work. Only additional work that has been ordered as such and in writing will be considered for execution and settlement. The absence of a written order does not affect the principal's claims to the performance, respectively Van Buren's claims to settlement thereof, if and insofar as it will be proven by other means that the additional work has been ordered as such.
14.3 Costs to be incurred by Van Buren which are beyond its control may be charged to the Client.
The Client authorizes Van Buren to have the assignment performed by a third party to be designated by it, at a time desired by Van Buren.
16.1 Any changes to the original order, of whatever nature, made orally or in writing by or on behalf of the Client, which cause higher costs than could have been anticipated in the quotation, shall be charged to the Client.
16.2 Any changes in the execution of the order requested by the Client after it has been given must be brought to Van Buren's knowledge by the Client in good time and in writing. If the changes are communicated orally or by telephone, the risk of the implementation of the changes shall be at the Client's expense.
16.3 Changes made may result in the delivery time agreed upon for the changes being exceeded by Van Buren outside its responsibility.
17. 1 Extraordinary circumstances, such as storm damage and other natural disasters, hindrance by third parties, hindrance in transport in general, full or partial strikes, riots, war or danger of war both here and in the country of origin of the materials, lock-outs, loss of or damage to goods during transport to Van Buren or the customer, non-delivery or late delivery of goods by Van Buren's suppliers, ex- and import bans, full or partial mobilization, obstructive measures of any government, fire, breakdowns and accidents in the company or in the means of transport of Van Buren, or in the means of transport of third parties, the imposition of levies or other government measures, which entail a change in the actual circumstances, shall constitute force majeure for Van Buren, which shall relieve it of its obligation to deliver c. q. execution of work, without the Client being able to assert any right to compensation of whatever nature or however named.
17.2 In these or such cases Van Buren shall be entitled, at its sole discretion, either to cancel the purchase agreement or the agreement for the performance of work or to suspend or modify it, respectively, until the extraordinary circumstances have ceased to exist, whereby the client shall be obliged to pay for any performance that has been delivered.
18.1 As long as Van Buren has not received full payment concerning an agreement of the parties relating to the performance of work or the sale/purchase (including any damages, costs and interest), the delivered goods will remain the property of Van Buren.
18.2 Van Buren shall be entitled to reclaim and take possession of these goods if the defaulting client files for bankruptcy or is declared bankrupt, applies for or obtains a moratorium, is declared subject to a debt rescheduling arrangement under the Dutch Natural Persons Debt Rescheduling Act (Wet Schuldsanering Natuurlijke Personen), or if all or part of its property or assets are attached.
18.3 All acts of disposition with regard to the sold and delivered goods are prohibited to the client as long as he has not fulfilled his payment obligations.
19.1 The work shall be deemed to have been completed at the time when Van Buren informs the client in writing or orally, or after the expiry of 8 days after Van Buren has informed the client in writing that the work has been completed and the client has failed to take up the work within that period or the client has put the constructed and/or executed work into use.
19.2 If a certain date of completion has been agreed upon, it shall be extended automatically if stagnation occurs, which cannot be attributed to Van Buren, such as additional work, unworkable weather, strike, exclusion, war, danger of war or other special circumstances, as mentioned in the article “Force Majeure”.
20.1 If the Client commits a breach of contract in any way, it shall be in default for that alone without any notice of default being required. Without prejudice to the provisions of the Civil Code, Van Buren shall, in the event of default, be entitled to suspend its obligations under the agreement concluded, to declare the agreement dissolved in whole or in part without judicial intervention, at its discretion.
20.2 Parties are entitled to dissolve the agreement with immediate effect, without judicial intervention by registered letter if:
20.3 Van Buren shall, if it invokes paragraph 2 of this article, be entitled to demand full payment of any amount owed by the Client on account of services already rendered by Van Buren, without any warning or notice of default being required, all without prejudice to Van Buren's right to claim compensation for costs, damages and interest.
21.1 Payments, including those in installments, must be made within 14 days after submission of the invoice, unless otherwise agreed in writing.
21.2 Van Buren shall be entitled, if payment of the amount due has not been received by it within the stipulated period, to charge the Client interest of 1.25% per month, calculated from the date of dispatch of the invoices.
21.3 Van Buren shall furthermore be entitled to claim from the client all costs, both judicial and extra-judicial, caused by the non-payment, in addition to the principal sum and interest, including the costs of lawyers, procurator litis, agents, bailiffs and collection agencies.
21.4 All judicial and extrajudicial costs to be incurred shall be borne by the Principal. The extrajudicial costs will be calculated in accordance with the Voorwerk II report or, if this report is no longer up to date, in accordance with the rates deemed reasonable by the Netherlands Association for the Judiciary. The extrajudicial costs will also be increased with all costs for legal advice and assistance.
21.5 The mere fact that Van Buren has secured the assistance of a third party demonstrates the extent and the obligation to pay the extrajudicial costs.
All agreements concluded and/or acts performed by Van Buren shall be governed exclusively by Dutch law; such agreements and/or acts shall be deemed to have been concluded and/or performed in the Netherlands.
All disputes arising from the agreements concluded between the parties, including the mere collection of the amount due, shall be brought before the Civil Court of Van Buren's place of business, if it so desires, insofar as the Civil Court is authorized to do so by law.
