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General conditions

General sales and payment terms

General conditions of sale and payment of VW Airhouse in Hillegom.
VW Airhouse is further referred to as “Seller” in these terms and conditions.

 

Article 1 Applicability

  1. These general terms and conditions apply to all agreements entered into by the seller. In particular, these general terms and conditions also apply to agreements entered into by the seller with regard to the sale and delivery, construction, repair and maintenance of cars, their parts and accessories, and with regard to the provision of services.
  2. Where these general terms and conditions refer to “buyer” this should be understood to mean any natural or legal person who has a contractual relationship with the seller under an agreement entered into with the seller, as well as any natural or legal person who wishes to enter into an agreement with the seller.
  3. Where these general terms and conditions refer to “client” this should be understood to mean any natural or legal person who is in a contractual relationship with the seller in connection with an order issued to the seller to perform work or have work performed.
  4. The provisions of these general terms and conditions may be deviated from only and exclusively if and to the extent expressly agreed upon in writing.
  5. If the buyer or client also refers to its general terms and conditions, the terms and conditions of the buyer or client shall not apply. This is different only if and insofar as the applicability of the buyer’s or client’s terms and conditions has been expressly accepted by the seller and insofar as the buyer’s or client’s terms and conditions do not conflict with the provisions of the seller’s general terms and conditions.
  6. Where these general conditions refer to (delivery of) products, this also includes the provision of services and work of any kind.

 

Article 2 Offers

  1. All quotations issued by seller are to be regarded as invitations to make an offer. They therefore do not bind the seller in any way, unless the quotation itself expressly and unambiguously states otherwise in writing. All quotations issued by the seller are always made on the basis of the prices and specifications valid at that time.
  2. The order submitted to the seller shall be deemed to be an offer, which has been accepted by the seller if within 30 days of receipt of the offer the seller confirms the offer in writing (by means of a so-called order confirmation), or the seller has started the actual execution of the order in another manner recognizable to the buyer or client.
  3. All offers are made subject to availability at Seller. If, after the conclusion of the contract, the seller determines that the items ordered are no longer in stock at the seller or cannot be delivered for legal reasons, the seller may, at its option, offer the buyer items of equivalent quality and price, or withdraw from the contract. In the event of a non-delivery, Seller shall refund payments already received in advance as soon as possible.

 

Article 3 Formation of agreement

  1. An agreement with the seller is only concluded when the seller explicitly accepts an order or instruction submitted to the seller. An agreement is deemed to have been concluded at the moment when vendor sends a confirmation of the order or instruction, or at the moment when vendor has started the actual execution of the order or instruction in a manner recognizable to purchaser.
  2. Illustrations, drawings, specification of capacities and further descriptions in visual and/or written material provided by the seller are as accurate as possible, but not strictly binding. On delivery, minor deviations are permissible. If the delivered product deviates substantially, the buyer or client is entitled to dissolve the agreement within 7 days of delivery.
  3. All prices are inclusive of VAT, unless otherwise agreed in writing. If no price was specified at the conclusion of the agreement, the prices shall apply on the day of actual delivery.
  4. If a price was determined at the conclusion of the agreement, the seller reserves the right to pass on changes in factory and/or importer prices and in exchange rates in the agreed price. In the event of a price increase within 3 months of the conclusion of the agreement, the buyer is entitled to dissolve the agreement in whole or in part. The dissolution must take place in writing within 7 days after notification of the price change.

 

Article 4 Delivery

  1. The delivery times and repair times stated by the Seller are never to be regarded as deadlines, unless expressly agreed otherwise. In the event of late delivery, the Seller must therefore be given written notice of default.
  2. The periods stated shall commence at the time when the agreement is concluded, provided that all information and/or items to be repaired required for the execution of the agreement are in the vendor’s possession.
  3. If, due to circumstances, goods or parts thereof are not delivered to the seller on time, the delivery times will be extended by the time that they are not delivered to the seller. If, as a result, the stated delivery time or repair time is exceeded by more than 3 months, the buyer or client shall be entitled to dissolve the agreement after written notice of default.
  4. Delivery times shall be extended by the time during which the buyer or client has left any amount due, after it has become due and payable, unpaid.
  5. Delivery of goods shall take place ex Seller’s premises, unless expressly agreed otherwise in writing.
  6. If the delivery of items at the request of the buyer or client takes place at a different location or in a different manner than usual, the additional costs associated with this shall be charged to the buyer or client.
  7. The buyer or client shall bear the risk of the goods delivered to him from the moment of delivery. Negligence on the part of the buyer or client in respect of taking delivery of the goods shall not affect his obligation to pay.
  8. If, after notification and demand, a buyer or client fails to take delivery, the seller may, at his discretion, either deliver at a time to be determined by the seller, or dissolve the contract or the part of the contract that has not yet been performed, without judicial intervention and without notice of default being required, without prejudice to the seller’s right to compensation.

 

Article 5 Repair and maintenance

  1. Before or when giving the order, the client may require a statement of the price of the work, as well as the period within which the work will be performed. The price and deadline shall be stated approximately so that they may be deviated from at any time. If the approximate price is exceeded or threatens to be exceeded by more than 10 percent, the seller undertakes to contact the client in order to discuss the additional costs. In that case, the client shall be entitled to terminate the agreement with compensation for the work already performed by the seller.
  2. An itemized invoice will be provided of the work performed.
  3. If the client has not picked up his item within 3 working days after learning of the execution of the order, the seller may charge storage fees in accordance with the rate in force at the seller.
  4. The seller shall be entitled to exercise a right of retention if the client fails to pay all or part of the costs of work performed by the seller, unless the client has provided adequate substitute security.

 

Article 6 Payment

  1. Payment must be made in Dutch currency cash on delivery, or on prepayment, or within 14 days of the invoice date by transfer to a bank account designated by Seller.
  2. The buyer or client shall be in default without further notice of default being required if he fails to meet his payment obligations on time. In that case, the buyer or client shall forfeit, without further notice of default being required by the seller, from the due date until the date of full payment, interest equal to the legal interest rate applicable at that time. This interest is payable immediately and without further notice of default.
  3. If the buyer or client fails to pay the amount due, the extrajudicial costs incurred by the seller in connection with the collection shall be for his account. The costs in question shall be set at a minimum of 15% of the principal sum with a minimum of € 23.00 without prejudice to the seller’s right to charge further reasonable costs pursuant to Article 6:96 subsection 2(c) of the Dutch Civil Code.

 

Article 7 Force Majeure

  1. If the Seller is temporarily unable to perform its obligations due to circumstances beyond its control and risk following the conclusion of the Agreement, it shall be entitled to suspend the performance of the Agreement for the duration of the impediment. The other party shall be entitled to dissolve the contract if, in view of the circumstances of the case, it cannot reasonably be required to wait for the removal of the (cause of the) impediment.
  2. If the seller is permanently prevented from fulfilling his obligations due to circumstances that have arisen as referred to above in paragraph 1 and these circumstances are not for his account, each of the parties shall be entitled to dissolve the agreement insofar as it has not yet been performed at that time.
  3. The circumstances referred to above shall in any event include war, threat of war, riots, acts of war, fire, water damage, flooding, strikes, sit-down strikes, lockouts, import and export restrictions, government measures, machinery breakdowns, disruptions in the supply of energy, business interruptions and the event that the Seller is unable to deliver by its own suppliers for whatever reason.
  4. In the event of force majeure, the buyer or client cannot sue the seller for damages.

 

Article 8 Security

  1. The seller is entitled to require the buyer to provide security for the fulfillment of its obligations, in particular also after the conclusion of the agreement.
  2. If the security required by Seller is not given, Seller may suspend the performance of its obligations and/or dissolve the Agreement without judicial intervention, without prejudice to Seller’s rights under common law.

 

Article 9 Liability

  1. In the event of an attributable failure to perform the seller’s obligations, his liability for consequential or trading loss, direct or indirect loss however called, including loss of profit and standstill damage, suffered by the buyer or client, his subordinates and those employed by him or employed by him or third parties, shall be limited to the amount of the order that resulted in the loss.
  2. The buyer is obliged to indemnify the seller for all claims that third parties may assert against the seller in connection with the execution of the agreement, insofar as the law does not prevent the relevant damages and costs from being borne by the buyer.

 

Article 10 Retention of title

  1. As long as the buyer or client has not fully complied with its payment obligations under any agreement entered into with the seller, goods already delivered shall remain the property of the seller, without prejudice to the buyer’s obligations to pay on time.
  2. The buyer or client shall not be entitled to resell, deliver, pledge or otherwise transfer or place at the disposal of another person, under any title whatsoever, whether or not for no consideration and whether or not in use, any items delivered by the seller until such time as they have been paid for in full.
  3. As long as the goods have not passed into the ownership of the buyer or client, the latter is obliged to insure the goods against all risks.

 

Article 11 Return duty

  1. Within a period of 14 days after receipt of the goods, the Buyer may return the goods to the Seller by sending a copy of the relevant invoice and stating the reason for the return. This right of return does not apply to the items mentioned in article 11.2 and to items that are damaged or used. The goods to be returned must be sufficiently stamped. The risk of shipment and proof of shipment shall be borne by the Buyer. If the goods are unused and undamaged, and have been returned correctly and in good time, the Seller will refund the price paid, with the exception of the shipping costs, as soon as possible, but no later than 30 days after receipt of the goods, or a credit note will be sent within 7 days after receipt of the goods, which may be deducted from current or future invoices.
  2. The following are excluded from the right of return: books, all electronic components in opened or unopened packaging and all items not included in the seller’s standard delivery program.

 

Article 12 Warranty

  1. Seller warrants that, at the time of shipment, the items have no defects that eliminate or substantially reduce their value or soundness for normal use.
  2. Furthermore, the buyer is entitled to warranty from the manufacturer of the delivered goods. The buyer must check the goods for completeness and any defects within 14 days of receipt and, in the event of any discrepancy, must complain immediately. In case of hidden defects, notification must be made immediately after the discovery of the hidden defect. Complaints must include a brief description of the defect and a copy of the invoice.
  3. If a defective good is delivered, the seller may, at its option, repair the defective good or make a substitute delivery. If repair proves impossible, or no acceptable replacement delivery is made, the buyer may withdraw from the contract (rescission of the contract).

 

Article 13 Claims

  1. Complaints must be submitted in writing to the seller within 14 days of receipt of the item, accurately stating the nature and cause of the complaint and stating date of delivery and invoice number.
  2. Items may only be returned to seller within 14 days of receipt. It does not imply recognition that the complaint is justified. Items must be returned to Seller in undamaged condition in the original packaging at the expense and risk of the buyer or client.
  3. As long as items are not returned and approved by the seller, or the complaint is accepted by the seller, the buyer’s or client’s obligation to pay remains in effect.

 

Article 14 Applicable law

  1. The offers made by Seller and all agreements entered into by Seller shall be governed exclusively by Dutch law.

 

Article 15 Dispute resolution

  1. All disputes, of whatever nature, relating to or arising from agreements entered into by the seller and deliveries and services provided by the seller will be settled by the court that is competent in the place of business of the seller, namely Yerseke, municipality of Reimerswaal.

 

Article 16 Deposit

  1. These terms and conditions have been filed with the Chamber of Commerce in Middelburg and come into effect as of 17-01-2003. They replace from that date all previous general terms and conditions of sale and payment of the seller.

 

Contact information

VW Airhouse
Marconistraat 28
2181 AK Hillegom
KvK: 28075221
VAT: NL8065 72 073 B01
T: 0252-544343
E: info@vwairhouse.nl