Article 1 definitions: In these general terms and conditions the following terms have the following meanings: Container-bak.nl: the sole proprietorship established in Lansingerland, registered with the Chamber of Commerce under number 74333135. Customer: any other party who concludes an agreement of sale with Containerbak.nl bak. Conditions: these general terms and conditions of sale. Za (a) k (s): container (s).
Article 2. Applicability of conditions 2.1 These conditions apply to all legal acts, quotations, requests, notifications as well as to every agreement of sale between Container-bak.nl and the customer. 2.2 Provisions deviating from these terms and conditions only apply if the parties have agreed such in writing and / or after written confirmation by Container-bak.nl. 2.3 These terms and conditions come into effect on January 1, 2020 and apply for an indefinite period of time.
Article 3. Offers 3.1 The offers and quotations made by Container-bak.nl are without obligation. The prices stated in an offer are exclusive of VAT .
Article 4. Establishment of the agreement 4.1 An agreement is only concluded by acceptance of an offer or quotation by means of a written confirmation by the customer to Container-bak.nl or because Container-bak.nl has executed the order in whole or in part. Any agreements made later and / or additional agreements will be binding on the parties in the same way as in which the agreement itself was concluded. 4.2 The date of the conclusion of the purchase agreement will be the day of dispatch of the confirmation by Container-bak.nl or the date on which the order was executed.
Article 5. Delivery time 5.1 An agreed delivery time is not a strict deadline. In the event of late delivery, the customer must give Container-bak.nl a written notice of default, whereby Container-bak.nl is given a reasonable term to still fulfill its delivery obligations. If an agreed delivery time threatens to expire and Container-bak.nl foresees to be unable to fulfill due to circumstances that cannot be attributed to it, it is authorized to dissolve the agreement with the customer without
to be obliged to pay compensation or to agree a new term for delivery with the customer, without prejudice to the provisions of force majeure elsewhere in these terms and conditions. 5.2 A delivery period only commences after the specified order has been received by Container-bak.nl in writing and all information required for the execution is in the possession of Container-bak.nl in writing. If (partial) advance payment is stipulated, the delivery period will only start after this payment has been received by Container-bak.nl.
Article 6. Delivery 6.1 The depot of Container-bak.nl applies as the place of delivery or upon delivery to the supply of third parties, the warehouse or factory of these third parties. If a different location has been agreed for delivery, the customer is obliged to take such measures as are necessary for the unimpeded delivery of the goods to be delivered. 6.2 Container-bak.nl is, if part of the order is ready, free to choose to deliver this part or to wait until the entire order is ready. If it has not been expressly agreed that delivery will be made from stock, Container-bak.nl has the right to deliver from stock of third parties.
Article 7. Transport If a different location is designated for delivery, goods to be delivered by Container-bak.nl will be transported using its own means of transport or transporters designated by Container-bak.nl. They are delivered by road transport as far as the means of transport can reach the paved public road. The costs of this transport are calculated separately.
Article 8. Prices and price increase 8.1 The sales price applies ex depot unless carriage paid delivery has been agreed.
Article 9. Payment 9.1 Payment of the purchase price must be made by order, at least 30% by order and the remainder must be made prior to delivery.
Article 11. Guarantee 11.1 Container-bak.nl guarantees that on the date of delivery the item is in accordance with the description in the quotation and / or order confirmation and meets the requirements to be set for it.
11.2 Container-bak.nl does not, however, grant any further guarantee and does not accept any other liability than the manufacturer has given or accepted towards it.
Article 12.Liability and indemnification 12.1 Container-bak.nl is under no circumstances liable for indirect costs and / or damage – such as trading loss – that may arise for the customer as a result of any damage or defect in the item. 12.2 Container-bak.nl is only liable for direct damage as a result of defects in the delivered item at the moment that there is intent and / or deliberate recklessness on the part of Container-bak.nl. 12.3 In all cases the liability of Container-bak.nl is limited to: 10% of the invoice amount in case Container-bak.nl exceeds a term set for the delivery after notice of default and this exceeding is attributable to Containerbak.nl; 100% of the invoice amount in case of a container barge. nl attributable shortcoming other than as a result of exceeding a delivery period. 12.4 If, on the basis of the special circumstances of any case, the liability excluded by Containerbak.nl cannot be accepted, its liability will be limited to the maximum payment for which it has insured its liability and to the amount that its insurer actually has in respect of this liability. pays out. 12.5 The compensation (s) referred to in the previous paragraph are stipulated as a maximum. 12.6 The Customer indemnifies Container-bak.nl against all claims from third parties, arising from the improper use of the goods delivered by it or the use in deviation from the regulations and instructions set by Container-bak.nl. 12. 7 The Customer is liable for costs and fines arising from the placement of the goods on its site and the public road, whether or not in accordance with its instructions. The Customer indemnifies Container-bak.nl and third parties engaged by Container-bak.nl and indemnifies them against all claims in this regard. 12.8 Under no circumstances is Container-bak.nl liable for damage to cables, pipes, pipes and the like in the ground that have not been reported to D0-metals BV by the Customer or have not been reported in the correct place or if the Customer fails to make a so-called Klic report. The Customer is liable for this damage and the Container nl and third parties engaged by Container-bak.nl and indemnifies them against all claims in this regard. 12.8 Under no circumstances is Container-bak.nl liable for damage to cables, pipelines, pipes and the like in the ground that have not been reported to D0-metals BV by the Customer or have not been reported in the correct place or if the Customer fails so-called Klic report. The Customer is liable for this damage and the Container nl and third parties engaged by Container-bak.nl and indemnifies them against all claims in this regard. 12.8 Under no circumstances is Container-bak.nl liable for damage to cables, pipes, pipes and the like in the ground that have not been reported to D0-metals BV by the Customer or have not been reported in the correct place or if the Customer fails to make a so-called Klic report. The Customer is liable for this damage and the Container
bak.nl in this respect fully indemnify and indemnify against claims from third parties for compensation for damage
Article 13.Complaints; complaint periods The customer must inspect the goods delivered by Container-bak.nl upon delivery or as soon as possible (and no later than 24 hours afterwards). He must check whether the goods delivered comply with the agreement, namely: whether the correct item has been delivered; whether the quantity delivered corresponds with what has been agreed; whether the delivered item meets the agreed quality requirements or if these have not been specifically agreed – the requirements that may be set for normal use and / or normal commercial purposes. If visible defects or shortages are found, the customer must report this to Container-bak.nl in writing within three (3) working days after delivery.
Article 14.Force majeure 14.1 Without prejudice to its further rights, Container-bak.nl, if it is prevented from executing or timely execution of the agreement by force majeure, has the right to suspend the execution of the agreement or to suspend the agreement in whole or in part. dissolve by means of a written statement to that effect at the discretion of Containerbak.nl, without Container-bak.nl being obliged to pay any compensation or otherwise, insofar as the force majeure situation does not last longer than three (3) months. 14.2 Force majeure is understood to mean any circumstance beyond the control of Containerbak.nl
Article 15.Retention of title 15.1 The ownership of the goods delivered by Container-bak.nl will only pass to the customer after the claims of Container-bak.nl on the customer with regard to goods delivered or to be delivered, or with regard to failure by the customer in the performance, have been paid in full and including interest and costs. All costs and damage falling on or incurred by the goods during the period that the ownership has not yet been transferred will be borne by the customer. Article 16. Risk 16.1 The risk of the Container-bak.nl item to be delivered is at the expense of the customer from the moment of delivery, as referred to in Article 6 of these terms and conditions. 16.2 If the customer is in default on the delivery date and Container-bak.nl is therefore unable to deliver, the risk will pass to Container-bak.
Article 17.Dissolution; Cancellation 17.1 Without prejudice to the other provisions in these terms and conditions, Container-bak.nl is authorized to dissolve the agreement in the event that: a. The customer is declared bankrupt or submits a request for suspension of payment; b. all or part of the customers’ assets are seized; c. the customer dies or is placed under guardianship; d. the customer fails to comply with any obligations incumbent on him by law or these terms and conditions; e. the customer proceeds to discontinue, liquidate or transfer his business or an important part thereof, or proceed to change the objective of his business,
to demand payment without Container-bak.nl being obliged to pay any compensation or otherwise: all unless the relevant behavior of Container-bak.nl would not be justified in the given circumstances. 17.2 If the customer wishes to cancel the agreement, prior written permission from Container-bak.nl is required. In the event of cancellation, Container-bak.nl will charge the customer a fee of 30% of the invoice amount as a termination fee, while the time of termination cannot start earlier than 14 days after sending the written permission of Container-bak.nl.
Article 18. Evidence 18.1 The administrative data of Container-bak.nl are decisive for determining the extent of the customer’s payment obligations, unless the customer provides proof to the contrary. 18.2 Subject to proof to the contrary, the good delivered by Container-bak.nl complies with the agreement concluded with the customer.
Article 19. Safety and the Environment 19.1 With regard to the waste materials, the Client must comply with the safety and environmental regulations applicable by the government and by Container-bak.nl, whether or not laid down in the Agreement or provided verbally or in writing during the Agreement, to observe regulations, instructions and directions.
Article 20. Applicable law Dutch law applies to every agreement between Container-bak.nl and the customer, as well as to all disputes.
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