Terms of service

General Terms and Conditions for delivery from: 

 ALMEC Supplies
Afrikalaan 2 – Vroomshoop– The Netherlands 

 Hereinafter referred to as “user”.

Article 1. Definitions. In these general terms and conditions the following terms have the following meanings: “User”: the user of the general terms and conditions; “Customer”: a counterparty who is a natural person whether or not operating as a business or profession; “Purchase”: the purchase with regard to movable property, which is concluded by a seller acting as the one operating in behalf of a profession or business, and a buyer, a natural person, whether or not operating in behalf of a profession or business .

 Article 2. Applicability of these conditions 1. These terms and conditions apply to every offer and every agreement between user and a buyer to which user has declared these terms and conditions applicable, insofar as these terms and conditions have not been explicitly deviated from by the parties in writing. 2. The present terms and conditions shall also apply to agreements with user, the execution of which calls for the services of third parties.

 Article 3. Offers 1. All offers made by user shall be valid for a period of up to 14 days, unless otherwise indicated in the offer. 2. User cannot be held to its offers if the buyer should have understood that the offer or part thereof contained an obvious mistake or clerical error which should have been recognized by the buyer. 3. User shall only be bound by its quotation if the acceptance thereof by the buyer is confirmed in writing within the period of validity of the quotation. The prices given in an offer are exclusive of VAT, unless stated otherwise. (See also: Article-by-article explanation under 1)

 Article 4. Delivery Unless otherwise agreed, delivery shall be made via user's warehouse in Vroomshoop. 2. The purchaser is obliged to take delivery of the purchased goods at the moment at which they are delivered to him or at the moment at which they are available to him in accordance with the agreement. Consultation and agreement must be reached beforehand about the day and time of delivery. 3. If the buyer refuses to take delivery or fails to provide information or instructions necessary for delivery, the items will be stored at the buyer's risk. In that case the buyer shall owe all additional costs, including in any case storage costs.

 Article 5. Time of delivery 1. The delivery times stated by user are approximate and are also not firm deadlines, but will never exceed the final delivery time by more than one week, except in cases of force majeure. In the event of late delivery, the purchaser must declare user to be in default in writing and grant user a reasonable period of time to fulfill his obligations after all.

 Article 6. Technical requirements If the items to be delivered in the Netherlands are to be used outside the Netherlands, the user is responsible for ensuring that the items to be delivered comply with the technical requirements or standards set by laws or regulations of the country where the items are to be used, but only if the use abroad was expressly stated when the purchase was concluded.

 Article 7. Warranty User guarantees that the items it sells are free of material, design and manufacturing defects for a period of 12 months after delivery or at least for a period guaranteed by the manufacturer of the item in question. If the guarantee referred to in paragraph 1 applies and the delivered goods show a defect, the user is obliged to repair the goods within 30 days after the purchaser has notified him of the defect in writing. The user may choose to replace the goods. The buyer may only claim replacement of the goods or dissolution of the purchase agreement if during the guarantee period: the user has twice made an unsuccessful attempt to repair the same defect and that this defect is sufficiently serious to warrant replacement or dissolution; the purchaser demonstrates that the goods are or have been so deficient that they do not comply with the agreement and that these deficiencies justify replacement or dissolution; 5. The warranty will lapse if the customer causes damage due to improper handling of a guaranteed item. The customer must demonstrate that the item displays a defect for which this guarantee applies within the guarantee period. The guarantee shall lapse if the type or serial number or labels of an item have been removed or altered.

 Article 8. Retention of title User remains the full owner of an item sold by it until the purchase price has been paid in full.

 Article 9. Defects; complaint periods The buyer must examine the purchased goods, or have them examined, as soon as possible upon delivery. In doing so, the Purchaser must ascertain whether the item delivered corresponds to the agreement, namely: whether the correct good has been delivered; whether the delivered good meets the agreed quality requirements or - if these are lacking - the requirements that may be set for normal use. If a visible defect or shortcoming is established, the client must report this to user within 3 days of delivery. An invisible defect must be reported to user by the buyer within 3 days following its discovery, but no later than 6 months following delivery.

 Article 10. Price increase If user and the buyer agree on a certain price, user is nevertheless entitled to increase the price. If a price increase takes place during the first two weeks after the conclusion of the agreement, the buyer may dissolve the agreement regardless of the percentage of the increase. If the price increase takes place after two weeks after the conclusion of the contract, the customer has the right to dissolve the contract, if the price increase exceeds 5%.

 Article 11 Payment Unless otherwise agreed, payment shall be made net in cash. If payment is not made in cash, it must be effected within 14 days from the date of invoice, in a manner to be indicated by the user and in the currency in which the invoice was made. 3. After the expiry of 14 days from the invoice date, the customer shall be in default by operation of law; the customer shall owe interest of 5% per month on the amount due and payable from the moment of entering default, unless the legal interest rate is higher, in which case the legal interest rate shall apply. In the event of bankruptcy or suspension of payment on the part of the buyer, the user's claims and the buyer's obligations vis-à-vis the user shall be immediately due and payable.

 Article 12. Collection costs If the customer is in default or breach of contract with respect to one or more of its obligations, all reasonable costs incurred in obtaining satisfaction out of court shall be born by the customer. In any case, the customer will owe the following in the case of a monetary claim over the first € 6.500 15%; for the remainder up to € 13.000,- 10%; for the remainder up to € 32.500,- 8%; for the remainder up to € 130.000,- 5%; for the remainder 3%. If user demonstrates that he has incurred higher expenses, which were reasonably necessary, these will also qualify for reimbursement.

 Article 13. Liability The liability of user is limited to redelivery of the item concerned or refund of the purchase price. For the placement of goods at the buyer's premises, the user has taken out an insurance policy that covers the consequences of legal liability for an amount that is customary in the user's line of business. In the event of legal liability, the buyer's claim against the user is limited to the payment made by the insurance company in the case in question. For defects in delivered goods, the liability as regulated in article 7 of these terms and conditions will apply. The above limitations do not apply if the damage is due to intentional and/or grossly negligent and/or culpable actions by the user or its subordinates.

 Article 14. Force majeure In these general terms and conditions, force majeure shall be understood, in addition to its definition in the law and in case law, to be any external circumstance, foreseen or unforeseen, over which the User cannot exercise any control, but which prevents the User from fulfilling its obligations, including strikes at the User's premises. User will also be entitled to invoke force majeure if the circumstances preventing (further) performance arise after user should have fulfilled its obligation. During force majeure, the delivery and other obligations of user shall be suspended. Should the period in which force majeure prevents user from fulfilling its obligations exceed two weeks, either party will be entitled to dissolve the agreement without incurring any obligation to pay compensation. 4. If, when the situation of force majeure arises, user has already partly fulfilled its obligations, or can fulfill its obligations only in part, user will be entitled to separately invoice the part already delivered or, as the case may be, the part which can be delivered, and the client will be obliged to pay this invoice as if it were a separate contract. However, this does not apply if the part already delivered or deliverable has no independent value.

 Article 15. Settlement of disputes The court in the user's place of residence has exclusive jurisdiction to hear disputes, unless the district court has jurisdiction. Nevertheless, the user remains authorized to summon the purchaser to appear before the court that has jurisdiction according to the law or treaty.

 Article 16. Applicable law Dutch law shall apply to any agreement between the user and the purchaser. The Vienna Sales Convention is expressly excluded.

 Article 17. Modification and location of the conditions The most recently filed version or the version that applied at the time of the conclusion of the present transaction will always apply.