Delivery terms, Hydrotense Europe (C&R BV)
Hydrotense Europe is a subsidiary of C&R BV. These conditions relate both to C&R BV and its subsidiary: Hydrotense Europe.
Terms and conditions issued by Hydrotense Europe, Gasthuisstraat 14, 5061PB Oisterwijk, Tel: +31 13-5213 268 Chamber of Commerce Tilburg (The Netherlands) number 17099611, VAT number: NL806188091B01.
Article 1. Applicability
1.1 On all offers, orders and agreements of Hydrotense Europe , these Terms and Conditions (hereinafter: "Conditions") apply with the exclusion of any other general conditions. These conditions can be sent on request.
1.2 The acceptance of an offer or the making of an order means that you accept these conditions to apply.
1.3 The terms in these conditions can be waivered only in writing, in which case the other provisions remain in full force.
1.4 All rights and entitlements, mentioned in these conditions and in any further agreements for the benefit of Hydrotense Europe, are also applicable to by Hydrotense Europe enabled intermediaries and other third parties.
Article 2. Offers / agreements
2.1 All offerings are non-committal and Europe Hydrotense expressly reserves the right to change prices, especially when that is necessary on the basis of (legal) requirements . See also Article 3.6.
2.2 A contract is only valid after acceptance of your order by Hydrotense Europe. Hydrotense Europe is entitled to refuse orders or add certain conditions to the delivery, unless otherwise specified. If an order is not accepted, Hydrotense Europe will inform the other party within five (5) business days after receipt of the order.
Article 3. Prices and payments
3.1 The listed prices for the products and services are in Euro s, excluding VAT and excluding charges (such as delivery charges, if applicable they are always separately listed), unless otherwise specified or agreed on in writing.
3.2 Payment can be made in the following ways: Cash, cheque (pre pay), with a bank-/giro transfer and with a Hydrotense Europe accepted on-line payment service. For regular customers it is also possible to pay on invoice from the 2nd order on. To be able to pay on invoice the customer has to submit a request stating his/her VAT number and commercial registration number. Hydrotense Europe reserves the right to refuse such a request without further information.
3.3 If chosen for pre-payment or payment on invoice, the payment period is 30 days. If payment is overdue the customer is from the due date on indebted for an interest rate of 1% per month or part of a month on the outstanding amount. When payment is made after final notice by Hydrotense Europe the customer is indebted a sum of twenty-five euros (€ 25.00) administration fee, payable to Hydrotense Europe. If Hydrotense Europe subcontracts its claim for collection, the customer is also indebted a debit charge, which at least is fifteen percent (15%) of the outstanding amount, or the actual out-collection costs.
3.4 If the customer is in whatever payment overdue, Hydrotense Europe is entitled to suspend or dissolve the (implementation of) agreement and related agreements.
3.5 If the prices for the products and services are increased in the period between the order and its implementation, you are entitled to cancel the order or to cancel the contract within ten (10) days after notice of the price increase by Hydrotense Europe.
Article 4. Delivery
4.1 Declared delivery times will never be regarded as a deadline, unless otherwise expressly agreed upon. Hydrotense Europe will reasonably do everything possible to supply or deliver within the specified time frame. Once Hydrotense Europe has knowledge of facts and / or circumstances that delays realization of the delivery or makes it impossible to deliver within the specified delivery time, Hydrotense Europe informs the customer as soon as possible, giving the new expected delivery time. If delivery, as referred to in the previous sentences, is delayed longer than sixty (60) days, the customer has the right to dissolve the agreement. After the dissolution of the agreement the already deposited amounts are credited within 30 days.
4.2 The delivery of the products is made at the place and time the products are ready for transfer or shipment to you. The risk in respect of the products is already the customers liability at the moment of delivery.
Article 5. Retention of
5.1 The ownership of products is only transferred to the customer when the customer has met all the requirements on the basis of any agreement which are due to Hydrotense Europe.
Article 6. Intellectual and industrial property rights
6.1 You must comply with and respect all intellectual and industrial property rights which rest on the products delivered by Hydrotense Europe (whole and unconditional).
6.2 Hydrotense Europe does not guarantee that products delivered to the customer do not infringe on any (unwritten) intellectual and / or industrial property rights of third parties.
Article 7. Complaints and liability
7.1 You have the obligation to promptly investigate whether products are delivered conform to the agreement. If this is not the case, you have to inform Hydrotense Europe as soon as possible, at least after a reasonable time frame, in writing and motivated.
7.2 If it is demonstrated that the products do not meet the contract requirements, Hydrotense Europe has the choice to replace the relevant products against returning of the delivered products or to give an invoice value refund.
7.3 If you as a consumer for whatever reason do not wish to accept the delivered product, you have the right to return the product to Hydrotense Europe within seven (7) business days after delivery. The cost of returning the delivered items are borne by the customer. Returns are accepted only if the product is intact, any seal is not broken and the product is in the original packaging. Already deposited amounts are credited within 10 working days. The sale is final as only seven (7) business days after receipt of the product have expired.
Article 8. Orders / communication
For 8.1 misunderstanding, mutilations, delays or not quite clear understanding of one's orders and communications as a result of the use of Internet or any other communication between you and Hydrotense Europe or between the customer and Hydrotense third parties, insofar as it relates to the relationship between you and Hydrotense Europe, Hydrotense Europe is not liable unless and to the extent that there could be intentionally or recklessly behaviour of Hydrotense Europe.
Article 9. Guarantee
9.1. Hydrotense Europe uses the warranty on goods delivered according to the factories- or importers policies during the warranty period specified.
9.2. Warranty is only granted in accordance with the "Service & Warranty" procedure established by Hydrotense Europe The guarantee is without prejudice to the rights and claims that the law grants to the purchaser.
Article 10. Force Majeur
10.1 Without prejudice to the other rightful rights of Hydrotense Europe, Hydrotense Europe is entitled in case of force majeur to, at its option, delay the execution of your order or to suspend or terminate the contract without judicial intervention by informing the customer in writing and without Hydrotense Europe being bound to any compensation, unless to standards of reasonableness and fairness under the circumstances, such would be unacceptable.
10.2 Force majeur is defined as any failure which can not be not attributed to Hydrotense Europe.
Article 11: Miscellaneous
11.1 If you indicate in writing an address to Hydrotense Europe, Hydrotense Europe is entitled to ship all orders to that address, unless you inform Hydrotense Europe in writing of another address to which your orders are to be sent.
11.2 Where Hydrotense Europe for a short or long time whether or not implied grants deviations from these conditions, It will not affect her right to demand direct and strict compliance with these conditions. You can never enforce any right to apply on the grounds that Hydrotense Europe apply s these conditions smoothly.
11.3 If one or more of the provisions of these conditions or any other agreement with Hydrotense Europe may be in conflict with any applicable legal provision, it will void the provision, which affects the other provisions to remain intact. The invalid provision is replaced by Hydrotense Europe with a new legally permissible and comparable provision.
11.4 Hydrotense Europe has the power to implement third parties to be able to deliver your orders.
Article 12: Enforcement
12.2 All disputes between the parties will only be submitted to the competent judge in the district of s'-Hertogenbosch (the Netherlands).