About us
General terms P+ Werkplaatsinrichting B.V.
1. Definitions
- P+ Werkplaatsinrichting: The private limited liability company P+ Werkplaatsinrichting B.V., established in Uden.
- Buyer: The person with whom P+ Werkplaatsinrichting has concluded or wishes to conclude an agreement.
- Goods/deliverables: All goods and materials delivered or to be delivered by P+ Werkplaatsinrichting.
- Stock goods: Goods that can be delivered directly from stock by P+ Werkplaatsinrichting without any processing.
- Specially ordered goods: Goods that cannot be delivered directly from stock at the time of placing the order and/or goods that are purchased and/or manufactured by P+ Werkplaatsinrichting at Buyer's request.
- Agreement: The agreement between P+ Werkplaatsinrichting and Buyer.
2. General
2.1 These conditions apply to all agreements between P+ Werkplaatsinrichting and Buyer, as well as to all offers/quotations made by P+ Werkplaatsinrichting. Once a contract has been made under the applicability of these conditions, these conditions also apply in full to subsequent transactions.
2.2 Deviations from these conditions or a part thereof can only be agreed in writing.
2.3 In the event of a textual difference in meaning between the different language versions of these conditions, the Dutch text is binding.
3. Conclusion of the agreement
3.1 All offers from P+ Werkplaatsinrichting are without obligation, unless the irrevocability is explicit is recorded in writing. Offers can be revoked until an agreement has been concluded. P+ Werkplaatsinrichting reserves the right to refuse an order without giving any reason.
3.2 Agreements are not concluded until after written acceptance by P+ Werkplaatsinrichting or as soon as P+ Werkplaatsinrichting has started to execute the order placed by Buyer.
3.3 Any additional agreements or changes made later, as well as commitments, bind P+ Werkplaatsinrichting only if they have been confirmed in writing by P+ Werkplaatsinrichting.
4. Prices
4.1 All prices are in euros and exclusive of VAT, transport costs and other governmental imposed charges.
4.2 Every sale is made under the express condition that the price is based on the moment cost factors applicable to the conclusion of the agreement, such as: purchase prices, wages, labor costs, export duties, freight, insurance, unloading costs, import duties, levies, taxes, foreign currency settlement and transport costs.
4.3 P+ Werkplaatsinrichting has the right to increase prices before day of delivery. If the price increase exceeds 10%, Buyer has the right to dissolve the agreement.
4.4 The offered price only applies to the specific order and the quantities offered therein.
4.5 Quantities in meters and kilograms, offered by P+ Werkplaatsinrichting in quotations and order confirmations, are based on trade lengths and theoretical weights. As a result, the total amount on the invoice may differ.
5. Delivery and delivery times
5.1 Delivery of the goods takes place ex warehouse and upon delivery carriage paid by delivery to the first carrier, unless another method of delivery has been agreed upon in writing.
5.2 Delivery is exluding unloading, so that Buyer is responsible for unloading the cargo.
5.3 Buyer is obliged to purchase the goods at the time when they are delivered or at the time when these are made available to him in accordance with the agreement. In the event that Buyer refuses to take delivery or is negligent in providing information or instructions, which is necessary before delivery, goods will be stored at risk of Buyer. In that case is P+ Werkplaatsinrichting entitled to charge all additional costs, including in any case storage costs bring it to Buyer.
5.4 The delivery period is indicative and therefore does not create a deadline. P+ Werkplaatsinrichting is concerned with regard to delivery times only in default if it has been legally declared to be in default.
5.5 In the event of a delay in delivery due to changes in circumstances of any kind the delivery period extended by the duration of the delay. P+ Werkplaatsinrichting will notify Buyer in good time inform of any delay. Delayed delivery does not entitle Buyer to the dissolve the agreement, nor to claim compensation.
5.6 P+ Werkplaatsinrichting is entitled to charge storage costs for delivery on demand.
5.7 P+ Werkplaatsinrichting reserves the right to deliver the goods in parts.
6. Control and advertising
6.1 The quantities as stated on the waybills, delivery notes or similar documents, are deemed to be correct if not immediately after receipt and before processing and / or processing Complained and not noted on the bill of lading or receipt.
6.2 Buyer must check the delivered goods for visible defects within 48 hours after delivery. From Copper it is expected that this audit will be handled with care packaging material and / or surface protection foils of the delivered. Complaints under visible defects lapse if Buyer does not receive the defect within 48 hours of receipt of the has reported goods to P+ Werkplaatsinrichting in writing.
6.3 All other defects than described under paragraphs 1 and 2 must be made within 5 working days after Buyer has discovered a defect, or could reasonably have discovered it in writing, with an accurate statement of the nature and basis of the complaints, at P+ Werkplaatsinrichting in be reported. After this period, Buyer can no longer rely on a defect in the performance.
6.4 No complaints will be accepted on goods that have arrived or that have been wholly or partially have been processed and / or processed.
6.5 Any legal claims must be brought up to one year after the complaint has been reported, on pain of forfeiture have been brought before a court competent under these conditions. By the expiration of this any claim for compensation will lapse during the period.
6.6 Buyer must report any errors in the invoice to P+ Werkplaatsinrichting within 10 working days of receipt. Failing this, the invoice will be deemed correct.
7. Payment
7.1 Unless otherwise agreed, Buyer will receive the invoice by e-mail at the e-mail address known to P+ Werkplaatsinrichting.
7.2 P+ Werkplaatsinrichting can charge a credit limitation surcharge and / or advance payment or other require guarantees.
7.3 Payments to P+ Werkplaatsinrichting can only be made via (SEPA) bank transfer, iDeal or PIN transaction.
7.4 Buyer is not allowed to suspend payments of the invoices. All payments must also be made without any deduction or setoff.
7.5 If P+ Werkplaatsinrichting is obliged to neglect its claim due to Buyer's default handing over collection, all associated costs, such as administration costs, judicial and extrajudicial costs, including the costs of a bankruptcy petition, at the expense of Buyer. The extrajudicial collection costs are at least 15% of the unpaid amount, with an absolute minimum of € 500.00.
7.6 If P+ Werkplaatsinrichting is successful in legal proceedings, all costs will be incurred which it has made on behalf of Buyer in connection with this procedure.
7.7 If Buyer fails to fulfill any agreement with P+ Werkplaatsinrichting or if there is P+ Werkplaatsinrichting has otherwise reasonable doubts about the payment capacity of Buyer, P+ Werkplaatsinrichting is authorized to postpone delivery of the goods until Buyer has provided (additional) security for the claims and payment of the goods to be delivered. Buyer is obliged to provide security upon first request.
8. Quality
8.1 Unless expressly stated otherwise at the time of sale, normal quality is supplied. Deviations in dimensions and / or number per trading unit are permitted in accordance with industry standards. The deviation standards from the producer and / or supplier are considered normal. The actual life of the delivered goods can never be guaranteed.
8.2 Insofar as manufacturers conform to this, the standards apply as between P+ Werkplaatsinrichting and Buyer agreed. Where this is not the case, reference is made to the product specification and / or applicable standards regarding size and thickness tolerance and grades.
8.3 P+ Werkplaatsinrichting does not guarantee that the goods are suitable for the purpose for which Buyer he wants to use it. Not even if this purpose has been made known to P+ Werkplaatsinrichting.
9. Retention of title
9.1 Sales and delivery take place under extensive retention of title. The property of sold and delivered goods, including those already paid, are reserved until all claims under the purchase contracts and related services - including interest and costs satisfied.
9.2 P+ Werkplaatsinrichting is authorized, if Buyer is late with payment or if there is a valid one there is reason to assume that Buyer will not pay, or will pay late, his property take.
9.3 As long as the ownership of the delivered goods has not passed to Buyer, Buyer may not pawn the goods, transfer ownership or grant any other right thereon. Buyer is held under the retention of title of delivered goods with care and as recognizable property of P+ Werkplaatsinrichting. If this provision is violated, the purchase price will become immediately due and payable.
9.4 If P+ Werkplaatsinrichting cannot invoke its retention of title because the goods are mixed, deformed or traced, Buyer is obliged to pawn the newly formed goods to P+ Werkplaatsinrichting.
9.5 P+ Werkplaatsinrichting is granted access to the goods delivered by him under penalty of a direct a claimable fine of € 1,000 per day for every day that the violation continues without P+ Werkplaatsinrichting Buyer must give notice of default to this effect. The costs arising from the exercise of ownership by P+ Werkplaatsinrichting are for the account of Buyer.
10. Liability
10.1 P+ Werkplaatsinrichting is not liable for damage suffered by Buyer, except for and for insofar as Buyer can demonstrate that there is intent or gross negligence on the part of P+ Werkplaatsinrichting.
10.2 P+ Werkplaatsinrichting is in no way liable for consequential damage of Buyer. below consequential damage includes, but is not limited to, loss of profit, stagnation damage, labor costs, interest costs, repair costs, transportation costs and fines.
10.3 Liability for damage is expressly limited to the amount specified by the insurance in the the relevant case is paid out plus the excess of P+ Werkplaatsinrichting. If for any reason no payment is made under the insurance, the liability for damage is expressly limited to the invoice value of the goods on which the damage has been determined. P+ Werkplaatsinrichting is entitled to designate the damage by an by it have an independent expert from the industry assessed.
10.4 The period within which P+ Werkplaatsinrichting can be held liable for compensation for the damage, in all cases and under penalty of forfeiture of rights is limited to 1 month after the harmful event has occurred. All claims for damages become time-barred 12 months after the start of the date of liability, if they do not fall within this legal proceedings are instituted.
10.5 Insofar as Buyer does not comply with its contractual or legal obligations as a result would have P+ Werkplaatsinrichting held liable towards third parties, Buyer undertakes hereby indemnify P+ Werkplaatsinrichting against all consequences of this liability.
10.6 P+ Werkplaatsinrichting is not liable for any incorrect application and processing of delivered goods by Buyer or by third parties.
11. Dissolution and returns
11.1 P+ Werkplaatsinrichting is entitled to the agreement without legal intervention or any to dissolve notice of default in whole or in part if Buyer has obligations under the fails to comply with the agreement, is declared bankrupt, applies for a moratorium, is admitted to statutory debt restructuring, or otherwise has power of disposition lose power or parts of it. The same is true if credit insurance for any reason withdraws the credit with regard to Buyer. In those cases, any claim that P+ Werkplaatsinrichting has Buyer is immediately due and payable.
11.2 Buyer is not entitled to dissolve the agreement, except for the situation as described in Article 12.2.
11.3 Dissolution makes the reciprocally existing claims immediately due and payable. Buyer is liable for damage suffered by P+ Werkplaatsinrichting, including loss of profit.
11.4 Return shipments are made without prior consultation and without written specification by Buyer to P+ Werkplaatsinrichting not accepted. In case of return, 25% of the purchase price of the returned items credited.
11.5 Declassified material, fully or partially processed goods, damaged goods and packaged goods whose packaging is missing or damaged cannot be returned.
12. Force majeure
12.1 Force majeure within the meaning of this article is equated with force majeure under Article 6:75 BW. below force majeure is in any case, but not exclusively understood to mean: strike, excessive absenteeism due to illness personnel, transport difficulties, insufficient supply of raw materials / parts, fire, flooding, terrorism, government measures, supplier failures as well as default by suppliers.
12.2 During force majeure, the delivery and other obligations of P+ Werkplaatsinrichting are suspended. If delivery is delayed by more than 1 month due to force majeure, both P+ Werkplaatsinrichting as Buyer authorized to dissolve the agreement, without judicial intervention, without it being stated in that in the event of an obligation to pay compensation.
12.3 If P+ Werkplaatsinrichting already partially fulfills its obligations upon commencement of the force majeure has fulfilled or can only partially fulfill its obligations is P+ Werkplaatsinrichting is entitled to invoice the already delivered or the deliverable part separately and Buyer is obliged to pay this invoice as if it were a separate agreement.
13. Declassified material
13.1 In case of sale of downgraded material, the seller does not guarantee normal quality such as described in Article 8 of these conditions and Buyer is aware that it is not the normal one quality is provided.
13.2 Any right of complaint is excluded with regard to downgraded material.
14. Processed goods
14.1 Machining means milling, turning, sawing, lasering, cutting edges, cutting, grinding, and / or otherwise process the goods. All this in accordance with Buyer to P+ Werkplaatsinrichting drawing and / or documents provided. Deviations after processing are permitted in accordance with industry standards.
14.2 P+ Werkplaatsinrichting is not liable for damage or other depreciation of the goods to be processed.
14.3 Buyer is obliged to take delivery of the goods within 7 days of notification of completion. Failing that P+ Werkplaatsinrichting is entitled to compensation for damage suffered as a result of subsequent delivery, such as not only the costs of storage.
15. Conversion
If any stipulation from these conditions proves to be null and void or is legally annulled, this will leave the effect of the others terms are unaffected. In that case, P+ Werkplaatsinrichting is entitled to replace the relevant clause with a clause that the purpose of this approach is approximated as much as possible without being void or being destroyed.
16. Disputes and applicable law
16.1 Dutch law applies to the agreements between the parties.
16.2 All disputes related to and / or arising from this agreement will be settled by the court of Oost-Brabant, unless P+ Werkplaatsinrichting files the dispute with another court with jurisdiction according to the competence rules.