General Sales and Delivery Terms
The Pagter Interieurs b.v.
These general sales and delivery conditions apply to all our offers and to all agreements with third parties.
By referring to these conditions on quotations, order confirmations, invoices, etc., as well as by placing (order, telephone, fax or e-mail) an order and / or receipt of the delivered goods, the buyer is deemed tacitly agreed to these terms and conditions.
Our offers are without obligation.
- Prices quoted apply unless otherwise stated, exclusive of turnover tax and shipping and transport costs.
- Agreed prices are based on the cost factors as applicable at the time of the conclusion of the agreement. We reserve the right to charge the buyer a proportional price increase in the event of price increases by our suppliers and other changes in price-determining factors.
- Shipment is always at the risk of the buyer, also for carriage paid delivery.
- The choice of shipping and packaging is up to us.
- Unless agreed otherwise, the COD delivery will take place at the address given by the buyer.
- Specified delivery times can be regarded as target times.
- If delivery of the goods does not take place at the specified time, we are entitled to a subsequent delivery period of 30 days. This period commences on the day of receipt of registered buyer’s summons.
- If no delivery takes place after notice of default, the buyer is only entitled to cancel the agreement in writing. Failure to deliver shall never entitle us to compensation for damages, even after notice of default.
- In the event of force majeure delaying or preventing the execution of the agreement, we are entitled to cancel the agreement without giving buyer any right to compensation.
- Force majeure also includes the non-receipt or non-timely receipt of the goods of our suppliers, strike and restrictive government measures necessary for compliance with our obligations.
Liability and advertising
- Complaints regarding deliveries must be made to us in writing within 8 (eight) days after the goods have reached the buyer. In the absence of this, we are deemed to have delivered in accordance with our obligations.
- If a complaint has been lodged in time and the delivered goods do not comply with the agreement, we will at our choice and return the delivered goods either provide for free re-delivery or credit the buyer for the returned goods. We are not obliged to pay any further obligation, in particular not to pay compensation.
- We are never liable for damage caused by temperature and / or humidity influences and insects.
- Unless agreed otherwise in writing, payment must be made net in cash upon delivery of the goods, without any discount.
- If it has been agreed that no cash payment takes place, payment must be made net without any discount, within 14 (fourteen) days after the invoice date, unless another term has been expressly agreed in writing, by transfer to one of the invoice bank or giro accounts.
- If the payment term is exceeded, the statutory interest is due for each month or part thereof that is paid later. Advertising does not suspend the payment obligation.
- Debt comparison is never possible.
- All judicial and extrajudicial collection costs are at the expense of the buyer. The extrajudicial collection costs are at least 15% of the overdue principal sum with a minimum of € 45.00 (forty-five euros) and are due and payable without further reminder as soon as we have given the claim to third parties for collection.
- In the event of non-payment of a claimable amount, of cessation of payment and if after the conclusion of the agreement there is well-founded doubt as to the correct fulfillment by the buyer of his obligations, he is obliged to pay in advance or to provide security on first request. Failure to comply with these obligations will be regarded as breach of contract and entitles us to dissolve the agreement in whole or in part without further notice and / or judicial intervention, whereby we can claim compensation at least equal to the amount that the buyer has under the contract. owed us.
- All goods delivered and to be delivered remain our exclusive property until all claims we have or will acquire against the buyer, for whatever reason, have been paid in full. In the event that the buyer fails to fulfill our obligation under the agreement, we will be entitled to take back the goods without any notice of default being required, in which case the agreement will also be dissolved without judicial intervention, without prejudice to our right to compensation.
- Dutch law applies to all our agreements.
- Any disputes will be brought before the competent Judge of the place where we are entitled to bring a dispute before that Judge who, without the foregoing clause, would be entitled to take cognizance of that claim.
Filed at the Chamber of Commerce in Middelburg, deposit number 22049481