Unless a contract explicitly to the contrary has been concluded, the following terms and conditions apply to the contract concluded with Gas & Oil Burner Products B.V. in Deil, hereinafter: GOBP. We explicitly reject any purchasing terms and conditions on your part.
Offers:
a) Offers of GOBP are valid for sixty (60) days. Offers do not constitute any obligation on the part of GOBP until the order is accepted by the client, in observance of the General Terms and Conditions of Purchasing, Sale and Delivery.
b) The client must submit its order in writing, providing sufficient information to enable GOBP to fill the order.
Price and Delivery:
a) Prices are exclusive of turnover tax.
b) Prices exclude standard packaging and shipping costs, unless stipulated otherwise in the offer.
c) The term of delivery stated in the offer begins at the moment that GOBP accepts the order from the client. GOBP will do everything reasonably in its power to deliver the goods within the term of delivery stated in the offer. Nonetheless, GOBP accepts no liability if it becomes apparent that delivery within that term is impossible.
d) GOBP reserves the right to deliver the goods in more than one shipment.
Acceptance:
a) In the event of a conflict between the General Terms and Conditions of Purchasing, Sale and Delivery and the corresponding terms and conditions of the client, the Terms and Conditions of GOBP prevail to the exclusion of the client’s terms and conditions.
Shipment and risk:
a) The ownership of the goods transfers to the client after payment of the total invoice amount has been made.
b) The risk of the goods transfers to the client upon delivery, which takes place ex factory barring deviation from the written contract.
c) Shipping and handling costs for orders lower than EUR 100.00 (net, exclusive of VAT) is EUR 9.76.
d) Shipping and handling costs for orders higher than EUR 100.00 (net, exclusive of VAT) and lower than EUR 450.00 (net, exclusive of VAT) is EUR 15.00. If delivery is effected other than ex factory, the client will notify GOBP and the shipper immediately of any shortcomings and any damages to the goods caused during transport; failing this notification the client forfeits all claims.
Payment conditions:
a) Payment must be made within thirty (30) calendar days after the date of invoice unless agreed otherwise in writing, and in the currency as indicated on the invoice.
b) All amounts due are exigible thirty (30) days after the date of invoice.
GOBP is authorised to claim interest compensation in the amount of eight percent (8%) per month, or portion thereof, upon failure to make any payment that has become exigible.
c) GOBP reserves the right to suspend delivery of the goods if the client has not met all its payment obligations towards GOBP.
d) No discount, neither for payment in cash nor on any other basis, will be permitted.
e) Upon failure to make payment, GOBP reserves the right to involve third parties in the contract for collection purposes. All costs involved will be borne by the client.
Specification of the goods:
a) Insofar as possible, the goods will be delivered in accordance with the specifications provided by GOBP to the client. GOBP reserves the right to make design changes in the goods. The changes will neither reduce the quality of the goods nor affect the price.
b) GOBP will do everything possible to guarantee the precision of the technical data and descriptions relating to the goods delivered. GOBP is not, however, liable for any damages or injury whatsoever arising from any failure or omission in these technical data and descriptions.
Article 7.
Guarantee:
a) GOBP offers no further guarantee whatsoever and accepts no other liability than extended/accepted by the manufacturer of the goods towards GOBP. This guarantee will generally include:
1. That in the event that in the opinion of the manufacturer, the goods exhibit defects within twelve (12) months after delivery that are the results of a defect in design, material or manufacture on the part of the manufacturer, the manufacturer will either refund the purchase price of these goods or repair or replace the goods, at the manufacturer’s discretion, all subject to the condition that the goods are operated and maintained in accordance with the set instructions and have not been modified or repaired by any party other than the manufacturer.
2. That if the goods have been manufactured by the manufacturer according to the design of the buyer, the manufacturer accepts no liability whatsoever for design defects and this liability will be remain fully borne by the buyer.
b) Goods in regard to which the guarantee referred to above is invoked may only be returned by the client with the advance explicit written permission of GOBP. Goods returned that, upon analysis, are found to be not defective, will be returned at the expense of the client, upon which the client will owe to GOBP an amount of twenty-five percent (25%) of the invoice value for the costs of the investigation instituted by GOBP in regard to the complaint.
c) GOBP will bear no liability whatsoever other than the liability described above under (a). All other implicit or explicit guarantees, whether statutory or contractual, are excluded. Specifically, GOBP will not be legally obliged to accept any contractual or statutory liability for any material or non-material damages of any kind, directly or indirectly caused by the delivery or the use of the goods delivered by GOBP, while the client will be obliged to indemnify GOBP from all claims of third parties.
d) By making a guarantee claim, the client may not derive the right to suspend or postpone payment of the invoiced amounts.
e) GOBP reserves the right to refuse unpaid return shipments by or from the client.
Force majeure:
a) GOBP is not liable for full or partial failure to fulfil the contract or any faulty or late performance of the contract if such failure is caused by reasons such as severe interruptions in its activities, forced production cuts, strikes or lockouts at GOBP or factories or businesses belonging to GOBP or at other vendors, war or the threat of war, terrorist attacks, hostilities, the state of siege, mobilisation, transportation delays or delays or incorrect delivery of products, or delays or incorrect deliveries by third parties, all of these occurrences to be referred to as “force majeure.”
b) GOBP will be authorised to increase its prices if on the invoice date the costs of labour, materials and transport have increased, or if a change arises in the exchange rates or in the taxation on the order.
Patent rights:
a) Neither the sale of products nor the publication of any information on the technical data relating to the products implies freedom from patent rights or other intellectual property rights of third parties relating to the use or the application of the products. GOBP accepts no liability whatsoever in the event that infringement of such rights should arise as a result.
b) The client is obliged to indemnify GOBP and its suppliers against the ruling of any compensation of any nature or of any designation whatsoever on the basis of rights arising from patents, patent applications, registered designs or models or any other rights enforced in regard to products manufactured according to designs or specifications provided by the client. In regard such products, the client will reimburse GOBP for all costs and expenses that GOBP must incur in relation to any claims whatsoever by third parties due to infringement or alleged infringement on such rights of third parties as described above arising from the manufacture of such products.
Cancellation:
a) Cancellation of orders placed with GOBP by the client can only be effected with the explicit written permission, for each order, of GOBP to the client, by which GOBP reserves the right to invoice the client for cancellation fees in the amount at least twenty-five percent (25%) of the total invoice amount. If preparatory activities have already been carried out and/or tools, models, printing plates or other semi-manufactured items have been manufactured or shipped in, GOBP reserves the right to invoice the client for cancellation fees equal to the costs associated with these activities or the manufacture of such items.
b) If any costs arise for GOBP apart from the cancellation fees, GOBP reserves the right to invoice the client for the full amount of these costs.
c) Cancellation of an order/orders for which performance has already been rendered by the client may only be effected after the explicit written permission of GOBP to the client. GOBP reserves the right to not reimburse the client or to only reimburse the client in part.
d) GOBP reserves the right to refuse unpaid return shipments by or from the client.
Applicable law.
a) Offers of and agreed with GOBP are subject exclusively to the provisions of the law of the Netherlands.
b) Disputes arising from the offers or from contracts with GOBP will be exclusively adjudicated by the competent court.
Gas & Oil Burner Products B.V. is a member of the Van Eck United Holding B.V..
These general conditions are registred at the Chamber of Commerce Rivierenland te Tiel under number 110553440000.