Terms & Conditions
TERMS AND CONDITIONS
ARTICLE 1: GENERAL
The following definitions apply in the following general terms and conditions: Customer; Counterparty; Client; Copper; any other party that enters into an agreement with Nekel.nu Handelsonderneming or with a trade name of Nekel.nu Handelsonderneming.
Goods; Products; Articles; Goods: all objects that may be the subject of an agreement with Nekel.nu Trading Company or with a trade name of Nekel.nu Trading Company.
ARTICLE 2: APPLICABILITY
2.1 These general terms and conditions apply to all our offers and all agreements with us of whatever nature and whatever name.
2.2 It is only possible to deviate from these general terms and conditions if we do this by email
mention or acknowledge.
2.3 Other terms and conditions, such as
purchase conditions of other parties, insofar as they are not in accordance with these general conditions, will only apply if we have confirmed this by email.
2.5 The other party also accepts the applicability of these general terms and conditions unconditionally for all future agreements and offers.
ARTICLE 3: QUOTATIONS
3.1 All quotations are without obligation, unless a period for acceptance is stated in the quotation.
3.3 Offers concern the quantities and products specified in the offer and do not apply to repeat orders.
ARTICLE 4: CONCLUSION OF AGREEMENTS AND CONFIRMATION
4.1 If and insofar as we have set a deadline for acceptance in a quotation, an agreement will be concluded by full acceptance of that quotation by the other party within the specified period.
4.2 In all other cases, an agreement will only be established by an order confirmation from our side sent by email to an email address specified by the other party.
ARTICLE 5: CANCELLATION
5.1 Cancellation of an agreement (order) by the other party is not possible without our consent. The cancellation request must be made to us by email.
5.2 If the request for cancellation is accepted by us, we are entitled to attach conditions to that consent.
ARTICLE 6: DISSOLUTION
6.1 If the other party fails to meet one of its obligations under an agreement concluded with us, or fails to do so in time, as well as in the event of late payment, we are entitled to the agreement as well as other agreements that have not yet been executed between us and the other party without notice of default and / or fully or partially dissolve judicial intervention and claim damages.
ARTICLE 7: PRICES
7.1 Unless explicitly stated otherwise
quoted or agreed prices in Euros.
7.2 Unless explicitly stated otherwise, our prices apply:
* exclusive of VAT;
* based on quantities used by us;
* ex warehouse Tilburg;
* excluding environmental taxes or environmental surcharges which are or will be imposed by the government;
* excluding costs of quality controls.
7.3 If one of the cost-determining factors of a product changes in the period between the date of the offer and the date of delivery, we have the right to adjust the agreed price accordingly, all this with due observance of the statutory regulations. If the new price deviates more than 5% from the agreed price, the customer has the right to terminate the agreement free of charge. In that case we are not obliged to pay compensation.
ARTICLE 8: QUANTITIES / SIZES
8.1 The quantities ordered by the other party are automatically adjusted by us to the packaging units used by us.
8.2 The quantities stated in the agreement are stated as accurately as possible. The degree of deviation is regulated in article 22 of these general terms and conditions.
8.3 The quantities delivered are stated by us on the delivery document.
8.4 If the customer does not inform us of any objection to the delivery document within 48 hours of receipt, the quantity stated on the delivery document will be deemed to accurately reflect the delivery.
8.6 Unless expressly stated, all dimensions specified by us are approximate.
ARTICLE 9: PLACE AND METHOD OF DELIVERY
9.1 The delivery times stated by us are always approximate and are never strict deadlines. Exceeding the term does not give the customer the right to terminate the agreement, unless the delivery time is exceeded such that it can no longer be required to maintain the agreement in accordance with the requirements of reasonableness and fairness of the customer.
If the customer resolves the agreement, no obligation arises for us to compensate any damage suffered by the customer in this regard.
9.2 Before the other party can dissolve, as referred to in Article 9.1, we must be given written notice of default in the event of late delivery and we must be granted a period of at least 14 days in order to still meet our obligations.
9.3 The place of delivery is our warehouse in Tilburg.
9.4 Every partial delivery is considered a separate delivery and treated with all related legal consequences.
9.5 If the customer informs us before delivery that he wishes to receive the articles at a location other than the agreed location, we will comply with this to the extent that this can reasonably be expected of us. If the fulfillment of this request by us entails additional costs, the customer must reimburse us for those extra costs. If we
the provisions of Article 10 of these terms and conditions apply mutatis mutandis to the request of the customer.
ARTICLE 10: TRANSPORT
10.1 If we are responsible for transporting goods intended for the customer, this will be done at the expense and risk of the customer in a manner to be determined by us.
10.2 With the exception of those cases in which the transport of articles to our customers does not take place with a carrier contracted by us, the General Conditions of Transport or the CMR conditions as used in the transport world apply to the transport.
10.3 If it appears that delivery is not possible at the location indicated by the customer, the additional costs incurred in connection therewith will be for the account of the customer.
ARTICLE 11: EMBALLATION AND USED
11.1 We do not charge a deposit for the packaging unless we are obliged to do so by the government, or we have explicitly stated this.
11.2 If our goods are delivered on Euro pallets or on pallets that are part of a pallet pool, we will charge these pallets as packaging, unless identical, undamaged pallets are returned to us upon delivery.
11.5 Packaging that is charged (deposit) will be credited by us after this material has returned to our warehouse undamaged.
ARTICLE 12: STORAGE
12.1 If goods purchased / ordered by the customer cannot be delivered by us at the agreed time, we will store these goods at the risk of the customer. The associated costs are for the account of the customer.
ARTICLE 13: RETENTION OF TITLE
13.1 The customer already grants us the right to enter all those places where our goods are in order to be able to exercise our property rights.
ARTICLE 14: COMPLAINTS
14.1 Complaints must, with due observance of the provisions of Article 8.4, be made known to us by email within 8 days of receipt of the goods.
14.2 Visible deficits / defects and / or damage must be made known by the customer on the waybill or the delivery document.
14.3 The mere fact that an advertisement is being investigated does not imply that we acknowledge any liability.
14.4 If the complaints concern a part of the delivered goods, that cannot be a reason for rejecting the entire batch unless the delivered batch cannot be regarded as usable.
14.5 The claim period for invoices sent by us is 8 days. If the invoice has not been protested by email within that period, it will be deemed to correctly represent the underlying transaction with us.
14.6 Complaints do not give the other party the right to suspend payment obligations or other existing obligations towards us.
ARTICLE 15: PAYMENT ON ACCOUNT
15.1 Payment must be made in cash via the payment method of the website, or within 14 days after the invoice date with a credit limit of 2%, without any discount or settlement. The invoice is sent by email to an email address to be specified in advance by the customer.
15.2 We are always entitled to decide on the delivery of the agreement to deliver goods only cash on delivery.
15.3 If the other party does not pay within the stipulated period, it will be deemed to be in default by operation of law without any summons or notice of default being required.
15.4 From that moment on the so-called statutory commercial interest will be due as referred to in Article 6: 119a and 6: 120 second paragraph of the Dutch Civil Code, as well as judicial and extrajudicial costs incurred in order to claim compliance, dissolution and / or compensation, at the expense of are the other party, except to the extent that we have been unsuccessful by irrevocable court decision in this regard.
15.5 The extrajudicial collection costs will be based on the legal collection costs and statutory interest.
15.7 Non-compliance, late or incomplete compliance by the customer with its payment obligations gives us the right to suspend performance or further performance of the agreement on our part until the customer has complied with this obligation. At our discretion, we also have the right to terminate the agreement without prejudice to our right to compensation in connection with the later or non-performance of the agreement.
15.8 Payments made by the customer first serve to settle all interest and costs owed and then to claim the longest outstanding invoices, even if the other party states that the payment relates to a later invoice.
ARTICLE 16: FORCE MAJEURE
16.1 In the event of force majeure, the execution of the agreement will be suspended as long as the force majeure situation makes it impossible for us to execute the agreement.
ARTICLE 17: WARRANTY
17.1 The warranty on packaging machines and / or equipment starts on the day of delivery of those goods. The warranty period expires 6 months thereafter.
17.2 Call-out charges and labor costs (incl. Travel costs) are not covered by the guarantee and are charged by us to the customer.
17.3 In the event that we are not the manufacturer of goods supplied by us, our liability is limited to the liability as accepted by the supplier of those goods.
ARTICLE 20: PACKAGING UNDER OWN NAME
20.1 Before printing on packaging material according to a design by the customer will be done, a proof will be submitted to the customer for assessment in advance.
After his approval, we will in no way be held liable for the execution of the printed material, if this does not deviate significantly from the proof.
20.2 We cannot be held liable for color deviations if the color used by us is equal to the sample handed to us by the customer, or the color number made known to us by the customer.
20.3 We have the right to fully account for all costs related to the printing of packaging materials according to a design of the customer, such as design drawings, printing plates and printing rollers. We will invoice these costs immediately upon completion of the printed matter. Payment of this invoice must take place within the applicable period of 14 days.
20.4 All design drawings, printing plates, pressure rollers and the like, whether or not at the request of our customer, by or on our instructions, even if these have been or will be charged to the customer in whole or in part, remain our property.
ARTICLE 22: TOLERANCES
22.2 With regard to the quantity, we are deemed to have performed properly if deviations in quantities do not exceed:
For paper products:
- 10% above or below the specified quantity with orders up to 250 kg;
- 5% above or below the specified quantity with orders over 250 kg;
For coastal fabrics or laminates:
- 15% above or below the specified quantity for orders with a net weight up to 500 kg;
- 10% above or below the specified quantity with orders above 500 kg;
- 15% above or below the specified quantity with orders less than 500 kg;
- 10% above or below the specified quantity with orders over 500 kg.
For all other products:
- 20% above or below the specified quantity for orders with a net weight up to 500 kg;
- 15% above or below the specified quantity for orders with a net weight of 500 to 1,000 kg;
- 10% above or below the specified quantity for orders with a net weight above 1000 kg;
Per order is meant one batch in one format and quality. Invoicing takes place based on the quantity actually delivered.
ARTICLE 25: EXPIRY OF CLAIMS AGAINST US
25.1 Claims, for which we have been held liable, lapse if the customer has not taken legal action within 6 months after we have been summoned and given notice of default.
ARTICLE 28: APPLICABLE LAW
28.1 Dutch law applies to all to the exclusion of any other legal system
matters concerning these general terms and conditions, the agreement or the implementation of the agreement.
ARTICLE 29: DISPUTES
29.1. Disputes arising from agreements concluded with us will be settled at our discretion by the Civil Court in our place of residence.
ARTICLE 31: FINAL CONDITIONS
31.1 These terms and conditions can be found on all web stores of Nekel.nu Handelsonderneming
31.2 The most recently published version or the version that applied at the time of the offer or the transaction with us always applies.