Terms of service

General Sales and Delivery Conditions Interbosch B.V. - version September 2023

Registration number K.V.K. in Alkmaar: 37050707 -----------------------------------------------------------------

Article 1: Applicability 1.1 These terms and conditions apply to all offers and to all agreements of the purchase and sale of Interbosch B.V. established in Alkmaar, hereinafter referred to as: the user. 1.2 The client or the buyer will be referred to in the following as: the other party. 1.3 The applicability of any purchasing conditions or other conditions of the other party is explicitly rejected. 1.4 Accepting and retaining a quotation or order confirmation by the other party without commentary, which has been referred to these terms and conditions, is the approval of its application. 1.5 The possibly not applicable of a (part of a) provision of these general terms and conditions does not affect the applicability of the other provisions. 1.6 If a situation occurs between the parties that is not regulated in these general terms and conditions, this situation must be assessed according to the purpose and scope of these general terms and conditions.

Article 2: Agreements of purchase and sale are first binding by written confirmation from the user. Supplements or changes to the general terms and conditions or other changes or additions to the agreement are only binding by the user after written confirmation.

Article 3: Offers 3.1 All offers, quotations, price lists, delivery times etc. of the user are without obligation, unless they contain a period for acceptance. If a quotation or offer contains a no -obligation offer and this offer is accepted by the other party, the user has the right to withdraw the offer within two days of receiving the acceptance. 3.2 The prices stated in a quotation or offer are based on the prices applicable by offering date, expressed in euros, excluding VAT and other government levies. The prices are also excluding travel, residence, packaging, storage, and transport costs as well as costs for loading, unloading and cooperating with customs formalities. 3.3 Samples and/or models shown and/or models only apply for designation. No rights can be derived from this, unless the parties have explicitly agreed otherwise.   A. The user may pass on an increase in cost -determining factors, which occurred after the agreement concluded, to the other party. The other party is obliged to pay the price increase at the first request of the user. If a new price list is issued and entering into force between the aforementioned data, the user is entitled to charge the other party prices stated therein. B. In the event that the other party is a natural person who does not act in the exercise of a profession or business, price increases may be charged or charged in the aforementioned sense three months after it has been established. For price increases as stated above in this article, within a shorter period than three months, the other party is authorized to terminate the agreement.

Article 4: The user engaging the user is authorized to engage third parties in the implementation of what has been agreed.

Article 5: Delivery and delivery times 5.1 Delivery is not franco. 5.2 Terms for which things must have been delivered or work must have been carried out can never be considered a fatal term, unless explicitly agreed otherwise. In the event of late delivery, the user must therefore be given written notice of default. 5.3 Upon delivery in parts, each phase is considered a separate transaction. 5.4 The risk of the delivered goods is transferred to the other party at the time of delivery. 5.5 If it appears that it is not possible to deliver the goods to the other party or to perform the work to be performed, due to a cause lying in the atmosphere of the other party, the user reserves the right to store the goods at the expense and risk of the other party. The user informs the other party in writing of the storage performed and/or the obstacle in the performance of the work to be performed and also sets a reasonable period on which the other party must enable the user to resume the work and/or deliver the goods. 5.6 If the other party also fails to meet its obligations in the previous paragraph of the previous paragraph of the previous paragraph of the previous paragraph, the other party is also calculated by the mere course of one (1) month, calculated from the date of storage or impairment in the execution of the agreement, in written and withdrawal, without prior and closer or the user has the user notice of default, without judicial intervention and without being obliged to reimburse damage, costs and interest, in whole or in part. 5.7 The preceding the obligation of the other party leaves the agreed or stipulated price or price due, as well as any storage costs and/or other costs, to be affected. 5.8 Delivery of goods is done, unless the parties agree otherwise in writing, once in a address specified by the other party, even if the goods ordered are intended by the other party to be distributed on different addresses. 5.9 The Other Party is responsible for the good accessibility of the destination/ unloading location and is responsible for the exhausting/ release. 5.10 The user is obliged to take back the packaging of the goods delivered by him from the other party, if the other party has paid for the user for that packaging, provided that the packaging is undamaged and complete and again as packaging for the same kind of things that it has served, can be used.      5.11 The user is authorized to demand prepayment or security from him with regard to the fulfillment of financial obligations of the Other Party before proceeding to delivery.

Article 6: Progress of delivery 6.1 If the deliveries or work, due to causes outside the user's fault, can not be done normally or without interruption, the user is entitled to charge the other party the resulting multiple costs, including call -out costs. 6.2 All expenses incurred by the user at the request of the other party are entirely for the account of the latter, unless otherwise agreed in writing.

Article 7: Transport 7.1 Shipping of ordered goods takes place in a manner to be determined by the user, but at the expense and risk of the other party. 7.2 The user is not liable for damage, of any kind and form, which is related to transport, whether or not suffered from the goods. 7.3 The other party must adequately insure itself against the aforementioned risks. 7.4 Non-accepted orders or deliveries are stored by the user at the expense and risk of the other party, all this in accordance with the provisions of Article 5.

Article 8: Complaints and returns 8.1 The other party is obliged to check it immediately after receiving the goods or carrying out the work. If the other party finds visible errors, imperfections and/or defects, the other party must inform the user within 24 hours, followed by immediate written confirmation to the user. Other advertisements must be reported to the user by registered letter within 8 days of receiving the goods or execution of the work. 8.2 If the above advertising has not been made known to the user within the periods referred to therein, the matters are deemed to have been received in good condition or deemed to be well carried out properly. 8.3 Ordered matters are supplied in the user's wholesale packaging. Little deviations with regard to the sizes, weights, colors, and the like specified do not count as a shortcoming on the user's side. 8.4 Complaints do not suspend the payment obligation of the other party. 8.5 The notification must contain a description that is as detailed as possible, so that the user is able to respond adequately. The Other Party must give the user the opportunity to investigate a complaint. All this on pain of decay of rights. 8.6 If goods are discovered on goods delivered by the user, the other party is no longer permitted to use these goods from that moment on. If the other party still uses it after discovering defects in the goods, the other party cannot rely on a guarantee and the other party will therefore no longer be entitled to recovery, replacement or compensation. 8.7 If returns of delivered goods appears to be necessary, it will only be for the account and risk of the user if the latter has been expressed in advance his explicit written consent.  If the return shipment relates to a advertisement as referred to above, the return shipment will only be for the account and risk of the user if the advertising has been declared well -founded by him. In such cases, return shipment takes place in a manner to be determined by the user. 8.8 In the event of justified advertisements, the damage will be settled under the provisions of Article 9.9.9 If it is established that a complaint is unfounded, then the costs arise as a result, including the research costs, on the part of the user as a result, will be integrally for the account of the other party.

Article 9: Liability and warranty 9.1 The user loses his duties as may be expected from a company in his industry, but does not accept any liability for damage, including consequential damage, which is the result of his actions or omissions in the broadest sense of the word, except to his gross negligence, gross negligence and or set -up. The same restriction applies with regard to staff members or other third parties that the user engages in the performance of his work. 9.2 Without prejudice to the provisions of the other paragraphs of this article, the liability of the user - for whatever reason - is limited to the amount of the net price of the delivered goods and / or the work carried out. Satisfaction with this provision is the only and full compensation. 9.3 Without prejudice to the provisions of the previous paragraph of this article, the user is never obliged to pay compensation that is more than the insured amount, insofar as the damage is covered by an insurance taken out by the user. 9.4 The user is only liable for direct damage. Direct damage is only understood to mean the reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these conditions, the possible reasonable costs incurred to have the user's defective performance complied with, for as much as it can be attributed to the user and have laid down the costs of this cost in time or limiting damage, as far as the wedding of damage, as far as the wed. damage as referred to in these general terms and conditions.  9.5 The user is never liable for indirect damage, including consequential damage, lost profit, lost savings and damage due to business interruption. 9.6 If visible errors, imperfections and/or defects that must have been present at the time of delivery, the user undertakes to replace those matters free of charge. The user is responsible for the usual normal quality and soundness of the delivered goods; The actual lifespan can never be guaranteed. 9.7 A. In all cases, the period within which the user for compensation for damage can be addressed is limited to 6 months. B. In the event that the other party is a natural person who does not act in the exercise of a profession or business, a maximum period of 1 year within which the user can be addressed for compensation for the damage. 9.8 The user supplied by the user has been provided with a guarantee by the manufacturer, that warranty will apply in the same way between the parties. 9.9 The Other Party loses his rights towards the user and is liable for all damage and indemnifies the user against any claim from third parties in respect of compensation if: A. A. A. A. aforementioned damage was caused by incompetent and/or instructions from the user conflicting use and/or incapacitated goods (storage) of the residence delivered; B. The aforementioned damage was caused by the other party not acting in accordance with the instructions and/or advice given by the seller. C. The aforementioned damage was caused by errors or inaccuracies in data, materials information carriers and the like that were provided and/or prescribed to the user by or on behalf of the other party.

Article 10: Payment 10.1 Payment takes place in advance. Payment in other ways is only permitted if the parties have explicitly agreed this in writing. 10.2 If the parties have been agreed after receipt of an invoice, payment must be made within an expiration period of 8 days after the invoice date, unless the parties have been agreed in writing a different payment period. 10.3 Indien een factuur na het verstrijken van de in lid 2 bedoelde termijn niet volledig is betaald: A. zal vanaf dat tijdstip aan de wederpartij een kredietbeperkingstoeslag ter grootte van 2% in rekening worden gebracht, zonder dat hiertoe een nadere ingebrekestelling zal zijn vereist. B. the other party will owe the user a delay interest in the size of 2% per month to calculate cumulatively on the principal sum. Parts of a month are considered full months in these. C. The other party will, after being inferred by the user, at least owe 15% of the sum of the principal and the delay interest with an absolute minimum of € 70.00. 10.4 Ter keuze van de gebruiker kan in voorgaande of daarmee overeenstemmende omstandigheden, zonder nadere ingebrekestelling of rechterlijke tussenkomst, de overeenkomst geheel of gedeeltelijk worden ontbonden, al dan niet gecombineerd met een eis tot schadevergoeding. 10.5 Indien de wederpartij niet tijdig aan diens betalingsverplichtingen heeft voldaan, is de gebruiker bevoegd de nakoming van de jegens de wederpartij aangegane verplichtingen tot levering c.q. tot het verrichten van werkzaamheden op te schorten totdat de betaling is geschied of deugdelijke zekerheid hiervoor is gesteld. The same applies before the moment of being in default if the user has the reasonable suspicion that there are reasons to doubt the creditworthiness of the other party. 10.6 Payments made by the other party always extend to settle all interests and costs due and then aim to settle the due and payable invoice that has been open for the longest time, even if the other party states that the payment relates to a later invoice. 10.7 A. If, for whatever reason, the other party also has one or more counterclaims on the user, or will obtain, the other party will abandon the right to settlement with regard to this claim (s). The aforementioned distance of the right to settlement also applies if the other party applies (provisional) suspension of payment or is declared bankrupt. B. The provisions under a of this paragraph do not apply if the other party is a natural person who does not act in the exercise of a profession or business.

Article 11: retention of title 11.1 The user reserves the ownership of all goods delivered and to be delivered to the time at which the other party has paid its related payment obligations towards the user. These payment obligations consist of paying the price, plus claims with regard to work performed with that delivery, as well as claims in this regard, any compensation for failure to fulfill obligations on the part of the other party. 11.2 The goods delivered by the user that fall under the retention of title pursuant to paragraph 1 may only be resold in the context of normal business operations. The goods delivered by the user cannot be pledged, there is a pledge prohibition with property law operation 11.3 In the event that the user invokes the retention of title, the agreement concluded as a terminated, without prejudice to the user's right to claim compensation for damage, lost profit and interest. 11.4 The other party is obliged to immediately inform the user in writing of the fact that third parties apply rights to matters that have a retention of title under this article. 11.5 The other party undertakes to insure and keep the goods delivered under retention of title against fire, explosion and water damage as well as against theft and to give the user's policy for inspection on the first request. With a possible payment of the insurance, the user is entitled to these tokens. For as much as necessary, the other party undertakes to the user in advance to cooperate with everything that may be (prove to be) necessary or desirable in that context. 11.6 In the event that the user wants to exercise its property rights indicated in this article, the other party gives unconditional and non -revocable permission to the user and third parties to be designated by the user to enter all those places where the user's owners are located and to take back those goods. In the event of non -compliance by the other party of the provisions of this provision, the other party forfeits a fine of 10% of the user owed per day that the other party fails to fulfill the fulfillment.

Article 12: Pand/Warrantage The Other Party is not authorized to gave it to third parties and/or to establish a possessionless pledge on it, and/or to bring the goods for storage in the actual power of one or more financiers, as this will be regarded as attributable non -compliance on its side. The user may then immediately suspend his obligations under the Agreement, or dissolve the Agreement, without prejudice to any notice of default, without prejudice to the user's right to compensation for damage, lost profit and interest.

Article 13: Bankruptcy, disability and the like. Without prejudice to the provisions of the other articles of these terms and conditions, the agreement concluded between the other party and the user will be terminated without any judicial intervention and without any notice of default being declared, at the time at which the other party is declared a sort of payment, (preliminary) (preliminary) (priority) is affected, under guardianship or under administration or otherwise loses the authority or action competence with regard to his assets or parts thereof, unless the bankruptcy trustee in the bankruptcy or the administrator for the (provisional) suspension of payment the obligations arising from the Agreement.

ARTIKEL 14: OVERMACHT  14.1 In geval nakoming van datgene waartoe de gebruiker krachtens de met de wederpartij gesloten overeenkomst is gehouden, niet mogelijk is en zulks te wijten is aan niet toerekenbare niet-nakoming aan de zijde van de gebruiker, of aan de zijde van de voor uitvoering van de overeenkomst door de gebruiker ingeschakelde derden of toeleveranciers, dan wel in het geval zich een andere gewichtige reden voordoet aan de zijde van de gebruiker, is de gebruiker entitled to terminate the agreement concluded between the parties, or to suspend its obligations towards the other party during a reasonable period to be determined by him, without being obliged to pay any compensation. If the aforementioned situation occurs when the agreement has been partially implemented, the other party is obliged to meet its obligations towards the user up to that moment. 14.2 If circumstances in which there will be non-attributable non-compliance will be understood: war, riot, mobilization, home and foreign riots, government measures, strike and exclusion by workmen or threat of these and similar circumstances; disruption of the currency positions existing at the time of entering into the agreement; business disruptions due to fire, accident or other incidents and natural phenomena, all this is indifferent or the non -or non -fulfillment is made to the user, his suppliers or third parties that have been engaged by him for the implementation of the obligation. 14.3 In the event that the Other Party could in any way fail to comply with the user in any way, in the event of a strike, request for (provisional) suspension of payment, bankruptcy, executor seizure, estate distance or liquidation of the other party to the user. due.

Article 15: Cancellation and dissolution 15.1 A. The other party waives all rights to terminate the agreement pursuant to Article 6: 265 et seq. B. The provisions under a of this paragraph do not apply if the other party is a natural person who does not act in the exercise of a profession or business. 15.2 Cancellation by the other party is only possible if the user agrees. In that case, the other party is obliged to the user, in addition to reimbursement of at least 20% of the purchase price or agreed price, to purchase goods already ordered, then not processed or processed, against payment of the cost price. The other party is liable to third parties for the consequences of the cancellation and indemnifies the user. 15.3 Amounts already paid by the other party are not refunded.

Article 16 - Retention law The user is entitled to keep everything that has been supplied to the other party by the user, as well as what the user has manufactured for the other party, until the other party has paid all its obligations towards the user. Article 17- Pre-announcement and expiry periods All claims and defenses towards the user and the third parties involved by the user in the implementation of an agreement, will lapse within one year after the claim or the defense has arisen for the other party.

Article 18: Applicable law/competent court 18.1 The Agreement (s) concluded between the user and the other party is exclusively governed by Dutch law. The disputes arising from this agreement (s) will also be settled under Dutch law. 18.2 The applicability of the Vienna Sales Convention (C.I.S.G.) is excluded. 18.3 The Noord-Holland location Alkmaar is exclusively authorized to take cognizance of disputes. Nevertheless, the user has the right to submit the dispute to the competent court according to the law. In the event that the other party is a natural person who does not act in the exercise of a profession or business, it applies within 1 month after the user has announced to the other party that the case will be submitted to the court, the other party can make it known that he opts for settlement of the dispute by the legally competent court.