General Terms and Conditions
GENERAL TERMS AND CONDITIONS FOR DELIVERY TO NON-CONSUMERS
PindaPinda import export BV
9671 ED Winschoten
Hereinafter referred to as: user
Article 1 Definitions
1. In these general terms and conditions, the following terms are used in the following meaning, unless expressly stated otherwise:
User: the user of the general terms and conditions;
Buyer: the other party of the user, acting in the exercise of a profession or business;
Agreement: the agreement between user and buyer.
Article 2 General
1. The provisions of these general terms and conditions apply to every offer and every agreement between the user and a buyer to which the user has declared these terms and conditions applicable, insofar as the parties have not expressly deviated from these terms and conditions in writing.
2. The present terms and conditions also apply to all agreements with the user, for the implementation of which third parties must be involved.
3. The buyer's general terms and conditions only apply if it has been expressly agreed in writing that they apply to the agreement to the exclusion of these terms and conditions. In that case, any conflicting provisions in the general terms and conditions of the user and the buyer will only apply between the parties if and insofar as they form part of the terms and conditions of the user.
4. If one or more provisions in these general terms and conditions are null and void or should be annulled, the other provisions of these general terms and conditions remain fully applicable. User and buyer will then consult in order to agree on new provisions to replace the void or voided provisions, taking into account if and insofar as possible the purpose and intent of the original provision.
Article 3 Offers and quotations
1. All offers are without obligation, unless a term for acceptance is stated in the offer.
2. The quotations made by the user are without obligation; they are valid for thirty days, unless stated otherwise. The user is only bound by the offers if the acceptance thereof is confirmed in writing by the buyer within thirty days.
3. Delivery times in the user's quotations are indicative and if they are exceeded, they do not entitle the buyer to dissolution or compensation, unless expressly agreed otherwise.
4. The prices in the aforementioned offers and quotations are exclusive of VAT and other government levies as well as shipping and any transport and packaging costs, unless expressly stated otherwise.
5. If the acceptance (on minor points) deviates from the offer included in the quotation, the user is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless the user indicates otherwise.
6. A composite quotation does not oblige the user to deliver part of the goods included in the offer or quotation against a corresponding part of the stated price.
7. Offers or quotations do not automatically apply to repeat orders.
Article 4 Execution of the agreement
1. User will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. All this on the basis of the state of science known at that time.
2. If and insofar as required for the proper execution of the agreement, the user has the right to have certain activities performed by third parties.
3. The buyer shall ensure that all information, which the user indicates is necessary or which the buyer should reasonably understand to be necessary for the execution of the agreement, is provided to the user in a timely manner. If the information required for the execution of the agreement has not been provided to the user in time, the user has the right to suspend the execution of the agreement and/or to charge the buyer for the additional costs resulting from the delay in accordance with the usual rates. .
4. User is not liable for damage, of whatever nature, because user has assumed incorrect and/or incomplete information provided by buyer, unless this inaccuracy or incompleteness should have been known to user.
5. If it has been agreed that the agreement will be executed in phases, the user can suspend the execution of those parts that belong to a next phase until the buyer has approved the results of the preceding phase in writing.
Article 5 Delivery
1. Delivery takes place ex factory/shop/warehouse of user.
2. If delivery takes place on the basis of "Incoterms", the "Incoterms" applicable at the time of conclusion of the agreement will apply.
3. The buyer is obliged to take delivery of the goods the moment the user delivers them or has them delivered to him, or the moment they are made available to him in accordance with the agreement.
4. If the buyer refuses to accept or is negligent in providing information or instructions that are necessary for the delivery, the user is entitled to store the goods at the expense and risk of the buyer.
5. If the goods are delivered, the user is entitled to charge any delivery costs. These will then be invoiced separately.
6. If the user requires information from the buyer in the context of the execution of the agreement, the delivery time will commence after the buyer has made this available to the user.
7. If the user has specified a term for delivery, this is indicative. A specified delivery time is therefore never a strict deadline. If a term is exceeded, the buyer must give the user written notice of default.
8. User is entitled to deliver the goods in parts, unless this has been deviated from by agreement or if the partial delivery has no independent value. The User is entitled to invoice the delivered in this way separately.
9. If it has been agreed that the agreement will be executed in phases, the user can suspend the execution of those parts that belong to a following phase until the buyer has approved the results of the preceding phase in writing.