Terms and Conditions
Uniform sales and delivery conditions for paint and printing ink and others
Article 1. APPLICABILITY
Unless expressly agreed otherwise, these terms and conditions apply to all offers, purchase and sale agreements and deliveries of all goods and services that are marketed and/or provided by the seller. The buyer accepts the applicability of these terms and conditions by the mere fact of his assignment. General or specific Purchasing Terms and Conditions used by the buyer are not accepted by the seller and do not apply to the offers, agreements and deliveries governed by these terms and conditions, unless and after the said Purchasing Terms and Conditions have been expressly agreed in writing by the seller (and, if it is a legal entity, by a director thereof) have been declared applicable to any specific transaction. Acceptance in this way of the applicability of such Purchasing Terms and Conditions will under no circumstances entail that those Purchasing Terms and Conditions will also apply to other transactions between buyer and seller. If and insofar as an offer and/or agreement between buyer and seller contains deviating provisions from the offers and/or agreements governed by these terms and conditions, without the applicability of these terms and conditions being expressly excluded, the other provisions of these terms and conditions will remain in full force.
Article 2. OFFERS, ADVICE AND ORDERS
All offers are without obligation, however on the understanding that the seller is bound by the net prices stated in written price offers for a period of 14 days, counting from the dispatch of the relevant price offer. All prices are in net cash, without discount and exclusive of taxes due at the time of delivery. If an order is placed without a price having been expressly agreed upon, it will be charged at the price applicable at the time of the execution of the order, regardless of the price previously made or the price calculated earlier.
executed. For each agreed quantity, a margin of 10% is allowed, on the understanding that the buyer is obliged to receive and pay 10% less or more, with a minimum of 1 kg, resp. 1 ltr. The seller is entitled not to accept orders if he is not obliged to comply with an offer made in this respect. In that case, he is obliged to inform the buyer thereof within 5 working days, counting from the receipt of the order.
Article 3. DELIVERY
The seller has fulfilled its delivery obligation by offering the goods to the buyer once at the agreed time. The report of the person who arranged the transport constitutes full proof of the offer to deliver if the buyer refuses to take delivery of the goods, in which case the costs of the return freight, storage and other necessary costs will be borne by the buyer. The offer to deliver is equated with delivery. In the event of refusal to take delivery of the goods, the seller will store them for 30 days after the offer. He will inform the buyer in writing that he can collect the goods (or have them collected) against payment in cash. After the expiry of this term, the seller is entitled to sell the goods to a third party or otherwise dispose of them. If no term has been agreed in the case of delivery on call, a term of four months shall apply as such, commencing on the day on which the purchase agreement is concluded. After expiry of this period or the agreed call-off period, the seller has the right, without observing any credit term, to demand payment of the goods sold on call.
Article 4. DELAYED DELIVERY
Delayed delivery, if it is within reasonable limits, does not give any right to compensation or dissolution of the agreement. If, however, it has been stipulated in the agreement that delivery will take place at a specific time and the buyer has notified the seller in writing that this term may not be exceeded under any circumstances, the buyer is entitled, after the expiry of the agreed term, to delivery has taken place, to dissolve the purchase agreement without judicial intervention, without prejudice to the buyer’s right to compensation, except in the event of force majeure on the part of the seller. He is obliged to immediately inform the seller of this in writing. Agreed delivery dates are target dates, unless expressly agreed otherwise.
Article 5. FORCE MAJEURE
Force majeure is understood to mean: any circumstance that the seller could not take into account at the time of entering into the agreement and as a result of which the normal performance of the agreement cannot reasonably be required by the buyer, such as: war or danger of war, irrespective of whether the Netherlands is directly or indirectly involved in this. involved, in whole or in part
Unless expressly agreed otherwise, these terms and conditions apply to all offers, purchase and sale agreements and deliveries of all goods and services that are marketed and/or provided by the seller. The buyer accepts the applicability of these terms and conditions by the mere fact of his assignment. General or specific Purchasing Terms and Conditions used by the buyer are not accepted by the seller and do not apply to the offers, agreements and deliveries governed by these terms and conditions, unless and after the said Purchasing Terms and Conditions have been expressly agreed in writing by the seller (and, if it is a legal entity, by a director thereof) have been declared applicable to any specific transaction. Acceptance in this way of the applicability of such Purchasing Terms and Conditions will under no circumstances entail that those Purchasing Terms and Conditions will also apply to other transactions between buyer and seller. If and insofar as an offer and/or agreement between buyer and seller contains deviating provisions from the offers and/or agreements governed by these terms and conditions, without the applicability of these terms and conditions being expressly excluded, the other provisions of these terms and conditions will remain in full force.
Article 2. OFFERS, ADVICE AND ORDERS
All offers are without obligation, however on the understanding that the seller is bound by the net prices stated in written price offers for a period of 14 days, counting from the dispatch of the relevant price offer. All prices are in net cash, without discount and exclusive of taxes due at the time of delivery. If an order is placed without a price having been expressly agreed upon, it will be charged at the price applicable at the time of the execution of the order, regardless of the price previously made or the price calculated earlier.
executed. For each agreed quantity, a margin of 10% is allowed, on the understanding that the buyer is obliged to receive and pay 10% less or more, with a minimum of 1 kg, resp. 1 ltr. The seller is entitled not to accept orders if he is not obliged to comply with an offer made in this respect. In that case, he is obliged to inform the buyer thereof within 5 working days, counting from the receipt of the order.
Article 3. DELIVERY
The seller has fulfilled its delivery obligation by offering the goods to the buyer once at the agreed time. The report of the person who arranged the transport constitutes full proof of the offer to deliver if the buyer refuses to take delivery of the goods, in which case the costs of the return freight, storage and other necessary costs will be borne by the buyer. The offer to deliver is equated with delivery. In the event of refusal to take delivery of the goods, the seller will store them for 30 days after the offer. He will inform the buyer in writing that he can collect the goods (or have them collected) against payment in cash. After the expiry of this term, the seller is entitled to sell the goods to a third party or otherwise dispose of them. If no term has been agreed in the case of delivery on call, a term of four months shall apply as such, commencing on the day on which the purchase agreement is concluded. After expiry of this period or the agreed call-off period, the seller has the right, without observing any credit term, to demand payment of the goods sold on call.
Article 4. DELAYED DELIVERY
Delayed delivery, if it is within reasonable limits, does not give any right to compensation or dissolution of the agreement. If, however, it has been stipulated in the agreement that delivery will take place at a specific time and the buyer has notified the seller in writing that this term may not be exceeded under any circumstances, the buyer is entitled, after the expiry of the agreed term, to delivery has taken place, to dissolve the purchase agreement without judicial intervention, without prejudice to the buyer’s right to compensation, except in the event of force majeure on the part of the seller. He is obliged to immediately inform the seller of this in writing. Agreed delivery dates are target dates, unless expressly agreed otherwise.
Article 5. FORCE MAJEURE
Force majeure is understood to mean: any circumstance that the seller could not take into account at the time of entering into the agreement and as a result of which the normal performance of the agreement cannot reasonably be required by the buyer, such as: war or danger of war, irrespective of whether the Netherlands is directly or indirectly involved in this. involved, in whole or in part
