Terms and conditions of Kanters Special Products BV
Located in Lieshout
Located in Lieshout
- The applicability of general terms and conditions used by you is expressly rejected, as agreements with us, offers made to/or by us, and all other connections with us, are subject to the terms and conditions presented here.
- All our offers are without obligation and are valid for 14 days if no other period is specified. Orders are executed at the prices specified in the price lists applicable on the date of the order.
- Delivery times are indicative only. You are entitled to claim compensation and/or dissolution only if we have exceeded the delivery time, and if after you have given us a reasonable amount of time to fulfil our requirements, we have also exceeded this limit. You are liable for transport costs unless otherwise agreed. The risk of the goods to be delivered will be borne by you, from the time of unloading at the delivery address. You are obliged to accept any orders offered for delivery by us.4. Unless otherwise agreed, payments should be made within one month of the date of the invoice, without any discount or deduction. In the event of late payment, you are liable to the statutory interest rate plus 2%, payable to Kanters.
The full costs associated with debt collection, as well as litigation costs and any legal fees, including any amounts not awarded by the court on the basis of the liquidation rate, shall be borne by you, unless we are condemned as the losing party to pay the costs. The extrajudicial costs amount at least to a sum determined in accordance with the debt collection rate of the Dutch Bar Association, with a minimum of EUR 226.89 excluding VAT.
- All products supplied to you and those still to be delivered remain our property until all your obligations to us in respect of the relevant, the previous, and following similar deliveries, including any claims made by us against you for failure by you to comply with your obligations towards us, have been met.
- Complaints must be submitted in writing within 14 days of delivery, stating the nature and basis of the complaints, and the number and date of the invoice. The submission of a complaint does not suspend your obligation to pay. We are under no obligation to consider complaints that have been submitted too late.
- We are under no obligation to accept returned products for which the seal is broken or whose expiry date has passed.
- In the case of free deliveries, we will pay the cost of insurance.
The user’s liability is, however, limited to the amount of the invoice value charged to the other party by him. The insurance is to be against normal transport risk, therefore, not against extraordinary risks and/or harassment. Further liability is not accepted. In case of loss or damage in transit, the claim with the insurer will be filed by Kanters. We will pay the buyer only after we ourselves have received the payment. We never accept liability for payment of damages, other than to persons or property, to the exclusion of indirect, consequential, business interruption, loss, and/or property damage. The supplier stipulates all legal and contractual defences, which he can invoke to refute his own liability towards the buyer, also on behalf of his subordinates and the subordinates for whose conduct he would be liable under the law.
- Breach of contract or force majeure includes failure to deliver and/or force majeure by our own suppliers. In case of force majeure on our part, we are entitled to terminate the agreement, which we have to declare within two weeks of the force majeure.
- Dutch law applies to all agreements and commitments to which these conditions apply. All disputes shall, as far as laws permit, be dismissed at our discretion either through the verdict of the competent court in the district of ‘s-Hertogenbosch or through arbitration.