TERMS OF DELIVERY FOR THE PRODUCTS OF OUTSHAPE V.O.F.
Hereinafter referred to as: user
Article 1 Definitions
The following terms are used in these general terms and conditions: User: the user of the general terms and conditions. Buyer: the user's counterparty, acting in the course of a profession or business. Agreement: the agreement between user and buyer.
Article 2 General
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 deviated from these terms and conditions expressly and in writing.
These terms and conditions also apply to all agreements with the user for the implementation of which third parties must be involved.
General terms and conditions of the buyer only apply if it has been explicitly 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.
If one or more provisions of these general terms and conditions are null and void or should be annulled, the other provisions of these general terms and conditions will remain fully applicable. User and buyer will then consult in order to agree on new provisions to replace the invalid or voided provisions, whereby if and insofar as possible the purpose and scope of the original provision will be observed.
Article 3 Offers and quotations
All offers are without obligation, unless a term for acceptance is stated in the offer.
The quotations made by the user are without obligation; they are valid for thirty days, unless stated otherwise. User is only bound by the offers if the acceptance thereof is confirmed in writing by the buyer within thirty days.
Delivery times in the user's quotations are indicative and do not entitle the buyer to dissolution or compensation if they are exceeded, unless explicitly agreed otherwise.
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 explicitly stated otherwise.
If the acceptance deviates (on minor points) from the offer included in the quotation, the user is not bound by it. In that case, the agreement will not be concluded in accordance with this deviating acceptance, unless the user indicates otherwise.
A composite quotation does not oblige the user to deliver part of the items included in the offer or quotation for a corresponding part of the stated price.
Offers or quotations do not automatically apply to repeat orders.
Article 4 Execution of the agreement
User will execute the agreement to the best of his knowledge and ability and in accordance with the requirements of good workmanship. All this on the basis of the state of the art at that time.
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.
The buyer ensures that all data, of which the user indicates that they are necessary or of which the buyer should reasonably understand that they are necessary for the execution of the agreement, are 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 according to the usual rates. .
The user is not liable for damage, of whatever nature, because the user has relied on incorrect and / or incomplete information provided by the buyer, unless this inaccuracy or incompleteness should have been known to the user.
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.
If work is carried out by the user or third parties engaged by the user in the context of the order at the location of the buyer or a location designated by the buyer, the buyer shall provide the facilities reasonably desired by those employees free of charge.
The buyer indemnifies the user against any claims from third parties who suffer damage in connection with the performance of the agreement and which is attributable to the buyer.
Article 5 Delivery
Delivery is made at factory / shop