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Terms of Delivery

 
 

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Terms of Delivery

GENERAL TERMS OF DELIVERY AMPHITEC B.V. Registered in Rotterdam.

Article 1. Applicability

1.1 These general conditions shall apply to all legal relations of Amphitec B.V. (hereafter called Amphitec).

1.2 The applicability of any general conditions to which the customer should refer in any way is expressly rejected.


Article 2. Price and Payment

2.1 All Amphitec's prices and amounts are exclusive of turnover tax.

2.2 The customer shall be obliged to pay the invoices that Amphitec submits in the manner as stated on the invoice and the currency in which the agreed prices have been expressed.

2.3 The cost of returning goods for whatever reason shall be for account of the customer.

2.4 The customer shall make the payments due to Amphitec without any discount or reliance on set-off except for set-off against deductible advances which he has supplied to Amphitec.

2.5 Every payment of the customer shall serve primarily for payment of the interest payable by it and also the judicial and extra judicial expenses, as provided in the following article and shall thereafter be deducted from the oldest claim outstanding. If the 30-day term of payment is exceeded, the customer shall owe interest on the invoice amount at the rate of the statutory interest increased by 3%.

2.6 All expenses associated with collection shall be for account of the customer. Apart from the expenses to which the customer will be condemned in pursuance of the sections 56 and 57 of the code of Civil Procedure, he shall also owe all the expenses actually made by Amphitec with as a minimum the expenses calculated in accordance with the collection rate of the "Nederlandse Orde van Advocaten" (Dutch Bar) with a minimum of € 250,--.

Article 3. Security

3.1 On Amphitec's first demand the customer shall be obliged to give security in any form desired by Amphitec for the full performance of it's obligations in respect of agreements performed or yet to be performed in full or in part by Amphitec. If the customer does not comply with this, without prejudice to our other rights, everything it owes us for whatever reason shall become payable at once.

Article 4. Delivery

4.1 Delivery to the customer shall be effected from the establishment in Hendrik Ido Ambacht.

Article 5. Transport

5.1 The customer shall see to the transport of the goods. The transport shall be at his expenses and risk. The customer must see to a proper insurance of the goods in connection with the transport.

Article 6. Reservation of Ownership

6.1 The ownership of the goods supplied by Amphitec to the other party shall remain with Amphitec as long as the customer has not fully met its obligations of payment resulting from any agreement with Amphitec whatsoever.

6.2 If Amphitec invokes the reservation of ownership, the agreement shall be dissolved without prejudice to Amphitec's right to compensation.

Article 7. Claims and warranty

7.1 Claims are to be made in writing, within 14 days after delivery of the goods. The goods may only be returned after our written permission, subject to conditions to be stipulated by us.

7.2 Amphitec warrants the soundness of the goods supplied by it for 12 months after delivery.

7.3 The warranty for goods supplied shall be limited to material, manufacturing and structural defects in which case Amphitec only undertakes to repair or replace the defective parts in her establishment Hendrik Ido Ambacht.

7.4 The customer must return the goods for replacements or repair to Amphitec's establishment in Hendrik Ido Ambacht at the customer's expense.

7.5 If work is to be done outside Amphitec's establishment in Hendrik Ido Ambacht, call out charges and labour shall be charged.

7.6 Amphitec will not give another warranty for goods or parts replaced or repaired.

Article 8. Intellectual and industrial property rights and know-how

8.1 All rights of intellectual and industrial property and know-how that rest or may rest on particulars recorded in any form whatsoever and in any carrier of information whatsoever and which have been obtained directly or indirectly by the customer in connection with a legal relationship with Amphitec shall remain vested in Amphitec.

8.2 The customer shall be obliged to keep secret all the particulars on which rights rest or may rest as referred to in paragraph 1 of this article. This secrecy shall also include the prohibition to allow others than those directly concerned to inspect the relevant matters.

Article 9. Liability

9.1 Amphitc's liability on the strengths of the agreement shall be explicitly limited to the warranty obligations described in article 7.

9.2 If nevertheless a more extensive liability should rest on agreement this liability shall be limited to the amount to which Amphitec is insured by virtue of the commercial liability insurance.

9.3 If Amphitec were to invoke the provisions of this article any of our employees against whom a claim is brought may also invoke it as if they were parties to the agreement themselves.


Article 10. Force Majeur

10.1 Force majeur shall inter alia but not only be any strike by Amphitec's personnel or others, delay in production for whatever reason and any other event that is beyond Amphitec's control in reason.

10.2 If the Amphitec's proper fulfilment as a result of one ore more circumstances that are not for Amphitec's account, including the circumstances mentioned in the preceding paragraph, is entirely or partially impossible:
a. In the event of temporary impossibility Amphitec shall have a choice between dissolving the agreement or performing the agreement as yet at a later date provided this is done no later than 6 months after the commencement of the temporary impossibility.
b. In the event of permanent impossibility Amphitec shall have the right to dissolve the agreement.


Article 11. Limitation

11.1 Any right of claim and defence vis-à-vis Amphitec shall be limited by the mere laps of one year after delivery.


Article 12. Conflicts

12.1 Any conflicts that should arise in connection with this agreement or further agreements that should result from it or from these general conditions shall be decided in the first instance only by the District Court of Rotterdam, in so far as they lie within the jurisdiction of a District Court.

12.2 Dutch law shall apply to the agreement.

Article 13. Filing of general conditions
These general conditions have been filed at the Chamber of Commerce in Rotterdam under number 24325474 on 10-12-2006.

 

 
 

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