Article 1: Definitions
Means the private limited liability company Interkraan Holland B.V., having its registered office in Fijnaart (the Netherlands) at Appelaarsedijk 16a, registered at the Chamber of Commerce under number 20068519; and means the private limited liability company Interkraan B.V., having its office in Fijnaart (the Netherlands) at Kerkring 26, registered at the Chamber of Commerce under number 20035549.
Means every natural person or legal entity that has entered into negotiations and/or consultations or wishes to make an Agreement with The Seller.
Means any negotiated and legally binding arrangement between The Buyer and The Seller as to a course of action, regardless whether negotiated in writing, verbally, or as a result from a quotation and/or order submitted by The Seller.
Article 2: Applicability
Art. 2.1 These general terms and conditions apply to all offerings, Agreements, deliveries, and activities entered into by The Buyer and performed by The Seller.
Art. 2.2 By making an Agreement with The Seller, the applicability of any other general terms and conditions, by any name and in any form, is excluded. This means in any case that the general terms and conditions of The Seller exclusively apply.
Art. 2.3 Any change in clauses, Agreements or arrangements only apply if and insofar as confirmed in writing by The Buyer and The Seller.
Art. 2.4 The Seller and The Buyer agree that these general terms and conditions apply to all (future) quotations, orders, and other Agreements between previous named parties. Any change only applies if and insofar as confirmed in writing by The Buyer and The Seller.
Art. 2.5 If other general terms and conditions apply, whether fully or in part, The Buyer and The Seller agree that these terms and conditions will prevail in the event of any conflict.
Art. 2.6 If in any case The Seller has applied and/or permitted any change in the general terms and conditions, whether this is or isn’t in favor of The Buyer, The Seller will never entitle the change to invoke at a later date or a claim that these changes indisputably apply.
Art. 2.7 The Seller will be permitted at all time to make interim unilateral amendments to these general terms and conditions. In case of any of these interim unilateral amendments The Buyer is entitled to terminate The Agreement and/or quotation.
Art. 2.8 Any Agreement or quotation will prevail in the event of incompatibilities, inconsistencies or differences between these general terms and conditions and any Agreement or quotation.
Art. 2.9 The records and statements itemized by The Seller will be binding on the Buyer, unless evidence is saved to prove the contrary. Details stated in the invoice or consignment note will be deemed to be correct. Unless the contrary is proved with evidence.
Art. 2.10 The reference to “in writing” in these general terms and conditions include, in addition to hardcopies, a notification through any electronic means, such as fax or e-mail.
Article 3: Offers and quotations
Art. 3.1 Quotations or offers, in the broadest sense of the word, made by or on behalf of The Seller are without any obligation and not binding, unless agreed otherwise in prior mentioned “in writing”.
Art. 3.2 Quotations or offers, in the broadest sense of the word, made by or on behalf of The Seller are without any obligation and may be revoked without any requirements of formalities, even if The Buyer accepted.
Art. 3.3 Any quotation or offer submitted by or on behalf of The Seller will be valid for a by The Seller indicated period of time. If there is no such period of time indicated, the quotation or offer will be without any obligation.
Art. 3.4 Any quotation or offer by or on behalf of The Seller will automatically expire in case the good(s) mentioned in the offer or quotation is/are no longer available or for sale.
Art. 3.5 In case of mistakes, inconspicuous or obvious, within any offer or quotation by or on behalf of The Seller, The Seller will be released from obligations regarding performance and compensation due to any ensuing damage. Even though, an Agreement is already formed.
Art. 3.6 In case of an offer or quotation that contains multiple goods and prices are mentioned per good, the offer or quotation will only apply as a whole. This means The Buyer is not entitled to accept the offer or quotation partly for the offered price per good. Unless agreed otherwise in prior mentioned “in writing”.
Article 4: Formation of an Agreement
Art. 4.1 After confirmation of The Buyer’s order or acceptance in writing by The Buyer of the quotation submitted by or on behalf of The Seller or at any moment both parties sign an Agreement, by an authorized representative of The Seller, an Agreement comes into effect. If the contents of an offer or quotation differs during the acceptance, it will be considered as a rejection of the original offer and regarded as a new offer on which the terms of Article 3 apply.
Art. 4.2 Without the written consent of The Seller it is not possible for The Buyer to cancel any Agreements. Unless an indemnification of ten percent (10%) of the value of The Agreement is paid by The Buyer to The Seller in case of the event of the termination of an accepted Agreement.
Art. 4.3 The contents of an offer or quotation will be deemed to constitute as an Agreement in case The Seller commenced the performance of an Agreement with the consent of The Buyer, due to a non-written Agreement. The Agreement has to be formed entirely before being collected or delivered.
Art. 4.4 If, in the opinion of The Seller, the Buyer does not appear to be sufficiently creditworthy for the performance of The Agreement, The Seller is entitled to suspend all contractual obligations until the counter-performance has been achieved, without prejudice to the rights accruing to The Seller under the law or these conditions.
Art. 4.5 The Seller is until the time of delivery or collection entitled to cancel The Agreement in writing without any liability arising on its part to pay damages, if it feels there are good reasons to do so.
Article 5: Prices and tariffs
Art. 5.1 All quotations or offers made by or on behalf of The Seller are without obligation and subject to price changes, unless explicitly stated otherwise in writing.
Art. 5.2 The prices of The Seller are based on cost-determining factors that applied on the day of the formation of The Agreement. If before delivery or if the delivery is made in instalments or any increase in cost-determining factors occurs during the delivery, The Seller has the right to charge the other party a proportional increase as prompted by these cost-determining factors, such as but not limited to purchase prices, costs of materials, taxes and levies. This also applies if the increase in cost-determining factors was foreseeable at the time of the formation of The Agreement. Price changes will not take effect until the time at which the Buyer is notified of them in writing. If the Buyer is a consumer, the provisions of section 35 book 7 of the Dutch Civil Code (Burgerlijk Wetboek) apply.
Art. 5.3 The prices and tariffs stated by The Seller will automatically be in Euros, unless agreed otherwise in writing, excluding VAT, import duties, and other levies and costs including but not limited to costs of transport, insurance, and works.
Art. 5.4 The prices and tariffs stated by The Seller are Ex Works within the meaning of the Incoterms 2020, location Fijnaart, the Netherlands. Unless agreed otherwise in writing.
Article 6: Transport, storage and risks
Art. 6.1 The delivery by The Seller are Ex Works within the meaning of the Incoterms 2020, location Fijnaart, the Netherlands. Deliveries will be made ex-warehouse at The Seller’s business site, unless agreed otherwise. The time of delivery is similar to the moment of delivery ex-warehouse at The Seller’s business site.
Art. 6.2 The risk as regards the new or second-hand goods to be delivered will transfer to The Buyer at the moment when the new or second-hand goods have been delivered in accordance with article 6.1 of these general terms and conditions.
Art. 6.3 All risks of transport of the goods delivered or to be delivered (including the risk of loss, damage and impairment) will pass to The Buyer as the goods leave The Seller’s warehouse, which is in accordance with article 6.1 of these general terms and conditions. This includes both direct and indirect damage, even if The Buyer requires that, including but not limited to, consignment notes and road waybills contain a clause that all damage is at the expense and risk of the sender.
Art. 6.4 The Seller will never be in default by the mere lapse of a period, including the delivery term. Default will at all times require written notice of default, granting The Seller a reasonable term to perform. There is no possibility to claim damages or to terminate The Agreement if delivery periods are exceeded, not even after a notice of default having been sent, unless in the case of willful misconduct or gross negligence on the part of The Seller. Delivery periods stated will not take effect until The Agreement has been formed entirely and once The Seller has all of the necessities for performance of The Agreement.
Art. 6.5 The delivery period will automatically be extended, without any prejudice to the provisions below on Force Majeure, if a delay arises due to a change in circumstances. This because the given delivery period is based on circumstances that apply during the formation of The Agreement.
Art. 6.6 The Seller is allowed to deliver the goods in instalments. These deliveries can in that case be invoiced separately. Payment of these invoices should then be separate and in accordance with article 9 “Payment” of these general terms and conditions.
Art. 6.7 The Buyer will be obliged to pay as soon as any additional costs occur or damage is suffered by The Seller, if The Seller isn’t able to execute the performance of The Agreement as a result of any impediment or any cause to be attributed to The Buyer.
Art. 6.8 The goods bought by The Buyer will be stored at The Buyer’s expense, including all additional costs and at least the costs of storing the goods bought, if The Buyer fails to provide sufficient details or instructions regarding delivery or fails to take delivery.
Art. 6.9 If the new or second-hand items are stored in accordance with the terms and conditions stated in article 6 of these general terms and conditions, the new or second-hand items are deemed to have been delivered from the time specified in article 6.1 of these general terms and conditions. After a period of four weeks from the original delivery date, The Seller has the right to (privately) sell the items in question. The costs of private sale, as well as any losses and / or lost profit are for the account of the Buyer.
Art. 6.10 The Seller will be entitled to terminate The Agreement or to demand performance, without prejudice to The Seller’s right to claim compensation in both cases and the costs of storage, if The Buyer fails to take delivery.
Art. 6.11 The Seller has the right, without The Buyer’s permission, to outsource the performance of The Agreement in whole or in part. The prior mentioned written consent of The Seller is required for the involvement of The Buyer or third parties provided by The Buyer regarding the execution of The Agreement.
Article 7: Force majeure
Art. 7.1 In the case of force majeure, both permanent and temporary, The Seller is entitled to terminate The Agreement in whole or partially or to be temporarily suspended without The Buyer and/or third parties being able to claim compliance and/or compensation. Force majeure includes, but is not limited to, war; war danger; rebellion; molest; strikes; boycott; business disruption, disruptions in traffic or transport; government measures; scarcity of raw materials; natural disasters; fire; atomic nuclear reactions; machine breakdown; industrial action; a delay in the supply of goods; and otherwise all other circumstances, including full or partial fulfillment of The Agreement cannot reasonably be expected of The Seller.
Art. 7.2 In case the delivery is delayed by more than two months due to force majeure, The Buyer is entitled to, as well as The Seller, to regard The Agreement as dissolved. In that case The Seller is entitled to claim reimbursement of the costs occurred.
Art. 7.3 If force majeure occurs, while The Agreement has already been partially implemented, The Buyer has the authority, if the remaining delivery is delayed by more than two months due to force majeure, to either retain the part of the goods already delivered and the purchase prices due for this to pay, or to regard The Agreement also for the already executed part as terminated, under obligation to return what was already delivered to The Seller for the account and risk of The Buyer. This is possible, if The Buyer can prove that the already delivered part of the goods can no longer be used effectively as a result of the non-delivery of the remaining goods.
Art. 7.4 If a force majeure situation is permanent or already lasts for more than six months, both The Buyer as The Seller are entitled to terminate The Agreement in whole or partially without having to pay a reimbursement or damages to the other party.
Article 8: Liability
Art. 8.1 If only any shortcoming occurs due to serious negligence of The Seller or due to acting incorrectly, for which situation it is largely responsible, The Seller will be liable. In this respect, the liability of The Seller vis-à-vis The Buyer is always limited to the warranty referred to in article 10 of these general terms and conditions, in elaboration making a new or additional delivery or applying a (proportional) discount to the purchase price.
Art. 8.2 The Seller is not liable for any damage that may arise for the other party or for third parties as a result of, but not limited to, the use of goods, improper use of goods, external causes or force majeure.
Art. 8.3 By only receiving the delivered goods by or on behalf of the other party, The Seller is indemnified against any claims from the counterparty and/or third parties for payment of compensation, regardless whether the damage has arisen as a result of compositional and production errors, or due to possible other causes, such as lost profits, immaterial damage or environmental damage. Even though, The Buyer has taken out insurance against any of these causes. This provision also applies if the other party and/or third party is not established in the Netherlands.
Art. 8.4 Under no circumstances is The Seller liable for damage as a result of items that do not comply with (local) regulations and/or (safety) requirements, either applicable to the location(s) where The Buyer has its registered office or sells the items or different. The Buyer is obliged to ensure that the items he buys from The Seller with the intention of reselling them or for any other reason meet all safety and other requirements that apply to such resale.
Art. 8.5 If and insofar, as the Seller is liable in any way despite the provisions of this article, that liability of The Seller in the event of damage to goods, is limited to the costs of repair and replacement up to and including the principal, excluding VAT, as stated on the corresponding invoice, or at least on that part of the invoice to which the liability relates. In the event of personal injury and in all and all other cases, the liability of The Seller is in any case limited to the payment that can be imposed under the liability insurance policy drawn up by The Seller, plus the amount of the deductible charged by The Seller under that liability insurance.
Art. 8.6 For the risk of forfeiting a claim for compensation of damages, The Buyer must submit a written claim to The Seller within two months of the date The Buyer discovered, or could reasonably have discovered, the damage or loss.
Art. 8.7 Claims that The Buyer asserts against The Seller expire if The Buyer has not initiated legal proceedings against The Seller one (1) year after the date on which the claim was made.
Art. 8.8 The Seller is not liable for advice regarding the usage of goods or any other advice, except in the case of a separate advice Agreement with The Buyer, on the basis of which The Buyer offers a fee for the advisory services to be provided by The Seller. If The Seller should be liable for advisory services based on this provision, the liability is limited to the invoice amount for the advisory services provided.
Art. 8.9 To the extent that third parties are engaged by the seller for the implementation of The Agreement limit their liability in connection therewith, all Agreements with The Seller include the authority of The Seller to also accept such liability limitations on behalf of The Buyer. Any liability on the part of The Seller for shortcomings of such engaged third parties is excluded. With regard to new or second-hand items that The Seller has purchased from third parties, the contractual, guarantee and / or liability-limiting provisions that apply to such a business relationship also apply to The Buyer. The Buyer indemnifies The Seller against all costs, losses and interest that may arise as a result of claims by third parties, against The Buyer or otherwise, with regard to incidents, acts or omissions in the performance of, or in the context of the performance of , The Agreement or in connection with defects in the items supplied by The Seller. The Buyer is obliged to insure himself against the above.
Article 9: Payment
Art. 9.1 Invoices are to be paid at the latest at the time of delivery, unless expressly agreed otherwise in writing. The Buyer is not entitled to settle or suspend The Seller’s invoices.
Art. 9.2 If the Buyer is of the opinion that the invoice does not correspond with the delivered new or second-hand items, the Buyer must inform the Seller of this in writing and with argumentation, within seven days of the invoice date, failing which the invoice is deemed to have been accepted and approved by the Buyer.
Art. 9.3 The Seller is not obliged to inform The Buyer in advance of the expiration of a payment term or to send him an account statement and the like, unless otherwise agreed in writing.
Art. 9.4 The Seller has the right, even during the execution of an Agreement and regardless of whether one or more are due and payable invoices have not been paid or not paid in full, to request an advance payment, a bank guarantee or an equivalent guarantee as a guarantee for the payment of the amounts due, The Buyer is then obliged to meet these requirements. In this case, The Seller is also entitled to suspend the fulfillment of his obligations towards The Buyer until payment is made or secured. This also applies if the seller has doubts about The Buyer’s willingness to pay and/or creditworthiness. If The Buyer refuses to meet The Seller’s requirements, The Seller may consider the contract to be terminated without prejudice to his right to compensation for all damage, costs and lost profits.
Art. 9.5 If and as soon as the invoice amount is not paid in full on the due date, The Buyer is in default without the need for a request or notice. The Buyer is then obliged to pay The Seller interest in the amount of the statutory commercial interest rate in accordance with Article 6: 119a of the Dutch Civil Code plus 2%, and all claims of The Seller against The Buyer, regardless of the basis, immediately and fully due and payable. Part of a month is counted as a full month when it comes to calculating interest on the amount due. If The Seller has not received full payment on the due date, The Buyer is obliged to reimburse The Seller for all costs incurred by the seller in connection with the collection of the outstanding amounts, in particular costs related to a) invoices issued by lawyers their judicial and extrajudicial services, even if the costs in question exceed the amounts determined by the court, the costs for bailiffs, agents and collection agencies as well as all enforcement costs. The extrajudicial costs are 15% (fifteen percent) of the client, 20% (twenty percent) for a Buyer based outside the Netherlands, but at least € 500. b) the cost of filing for bankruptcy.
Art. 9.6 The payments made by The Buyer at all times serve first to settle all costs and interest owed and then to settle the invoices that are due for the longest time, even if The Buyer states that the payment relates to a later invoice. All payments are made without any deduction, discount or settlement.
Art. 9.7 If the Buyer receives a seizure at any time, the Buyer will notify the seller within 24 hours.
Art. 9.8 If The Buyer is not the end-user of the items delivered by The Seller, The Seller has the right to notify the end-user of a delay in payment of at least three (3) months and to conclude a contract with the end-user directly if necessary.
Art. 9.9 The Seller is also free to exercise the rights described in this article against a business related to The Buyer and may do so with regard to claims that The Seller claims against The Buyer and against The Buyer/member affiliated with the Buyer company. A company is considered to be affiliated with another company if 50% or more of the company belongs to the same owner or is directly or indirectly controlled or controlled by 50% or more of the other company and/or 50% or more of the same group companies with the other company.
Article 10: Complaints and warranty
Art. 10.1 The Seller hasn’t manufactured the goods. Therefore, The Seller will never warrant that the goods are appropriate for a certain situation or particular purpose, or will never issue a warranty, or save to the extent that The Seller’s supplier has issued a warranty that effectively covers any damage caused, unless agreed otherwise in writing.
Art. 10.2 If The Buyer is a consumer, the provisions of section 23 and 24 of book 7 of the Dutch Civil Code will apply contrary to this article.
Art. 10.3 In no event will submitting a complaint release The Buyer from its obligation to pay to The Seller, which is in accordance with Article 9 of these general terms and conditions.
Art. 10.4 The Buyer will have to inspect new or second-hand goods, pursuant to article 6.1 of these general terms and conditions, for conformity at the moment of actual delivery. Conformity includes, but isn’t limited to, any damage, correctness, and proper quantity.
Art. 10.5 If inaccuracies, visible defects and/or defects are found at the time of delivery, The Buyer must clearly state these on the transport documents and/or the invoice, depending on which document The Buyer receives first. Subject to the expiry of all rights, The Buyer must report any inaccuracies, defects or damage not immediately visible in relation to the items delivered to the seller in writing, stating the nature and reason of the complaint and specifying the details specified on the transport documents or invoice, within 72 hours after the actual delivery. If a written complaint is not possible within the period specified in Article 10.4 of these general terms and conditions, a period of two days shall apply from the point in time at which the defect was or could have been discovered.
Art. 10.6 Without timely notification within the meaning of Article 10.5 above, the new or used items are deemed to have been delivered to the Buyer in accordance with The Agreement and in perfect condition without defects or damage and accepted without reservation by The Buyer. After this period, The Buyer is no longer entitled to assert rights in relation to defects, damage, et cetera in relation to the delivered new or used items.
Art. 10.7 If and as soon as the new or used items supplied by The Seller are treated or processed in any way, or partially or completely damaged, packaged or repackaged or if they are not stored, transported, used or processed in accordance with the legal provisions, storage, transport, processing and other instructions or provisions issued by The Seller or generally applicable customs or standards or, if the delivered items are sold to a third party, The Buyer’s right to compensation or replacement of the delivered new or used goods lapses. In such cases, The Seller accepts no liability. The same applies if The Buyer has used the good, while he should reasonably have known or could know that the good is damaged.
Art. 10.8 If and to the extent that The Seller determines the non-conformity of the items with The Agreement, a new or additional delivery or a (proportional) reduction in the purchase price takes place – the option is decided at the discretion of The Seller. If and insofar as The Seller delivers replacement items, The Buyer is obliged to return the defective goods to The Seller immediately at its own expense. The Buyer is not entitled to return items that are the subject of his complaints without The Seller’s prior written consent. In the event of non-consent, The Buyer bears all costs for the return of the shipment. In such a case, The Seller can store the items at The Buyer’s expense and risk (with third parties) or keep them ready for The Buyer himself. The transport regarding the return is carried out at the expense and risk of The Buyer. The Seller is not obliged to accept complaints regarding minor deviations in terms of quality, quantity, color, design, dimensions, weight, etc., which are considered admissible or technically unavoidable in the industry. The Buyer is obliged to discontinue the use of a good of which it has previously identified a defect or cause third parties to stop using it and to withhold it in order to give The Seller the opportunity to do something, or to have third parties to do, such as an investigation until the complaint is completely resolved by The Seller. If it turns out that a complaint is unfounded, The Buyer is obliged to compensate The Seller for all costs incurred (including the costs of the investigation) and the resulting damage.
Article 11: Retention of title
Art. 11.1 All delivered goods remain property of The Seller until all its claims under Section 3:92(2) of the Dutch Civil Code have been paid in full. The Buyer is obliged to show the goods to The Seller on first demand and to return them to The Seller in the event of default in payment and in the cases referred to in Article 12 of these general terms and conditions. For the goods taken back on the basis of this article, The Buyer is credited with the market value of the goods on the date of the take back.
Art. 11.2 The Buyer is obliged to insure the goods referred to in paragraph 1 against the risks of fire, theft, storm and water damage, and in particular that the relevant insurance policy includes the clause that the insurance also runs on goods from third parties, or if the latter are interested in taking out insurance, or if the latter will become an interested party during the course of the insurance. The other party is not permitted to pledge any claims against the insurer from the aforementioned goods to third parties or to assure third parties security in the broadest sense of the word. Payments in respect of damage and loss of intended goods take the place of the goods concerned. The Buyer must hand over the policy on first request.
Art. 11.3 As long as ownership of the items is not transferred to The Buyer, The Buyer may not encumber, dispose of, purchase, or place the items in any way beyond his (actual) control, except in the following cases. The Buyer may sell the items in the normal course of business, provided that The Seller has transferred the rights of The Buyer to his Buyers until The Buyer has paid the items in full and on some basis to his other obligations towards The Seller has met. These rights explicitly include all (future) claims and all (future) claims for damage or loss of objects. In this case, The Buyer grants these rights to the extent necessary to The Seller, who hereby accepts the transfer.
Art. 11.4 In addition to the retention of title pursuant to Article 11.1, The Seller reserves the right to pledge all and still owned claims against The Buyer in order to ensure the fulfillment of all claims of The Buyer that The Seller has, or will have, against The Buyer on any basis. At the request of The Seller, The Buyer is obliged to participate in the preparation and registration of a corresponding certificate.
Art. 11.5 The Buyer is obliged to treat the items delivered under retention of title with care and as recognizable property of The Seller.
Art. 11.6 The Seller has the right to take possession of the goods still in storage at The Buyer’s site without notice of default or judicial intervention, if and as soon as The Buyer fails to fulfill his obligations, or there is a risk that payment problems and/or circumstances will occur within the meaning of article 12.1 of these general terms and conditions. The Buyer is obliged to reimburse The Seller for the costs incurred by taking back items, the damage suffered and the loss of profit.
Art. 11.7 The Buyer must grant The Seller unrestricted access to its premises and/or buildings at all times in order to inspect the goods and/or to exercise his rights as The Seller. The Buyer must always tell The Seller the location of the new or used item.
Art. 11.8 The Buyer is obliged to immediately inform The Seller about actions by third parties in relation to objects that belong to The Seller, as well as in the event of circumstances within the meaning of Article 12.1 of these general terms and conditions.
Art. 11.9 The provisions in this article will apply without prejudice to The Seller’s other rights.
Article 12: Conflicts and dissolution
Art. 12.1 Dutch law applies exclusively to all Agreements concluded by The Seller. The Vienna Sales Convention (CISG) and/or other international sales conventions in respect of movable property isn’t applicable and is expressly excluded.
Art. 12.2 All disputes and conflicts will exclusively be settled by the competent court in the court district of Noord-Brabant, the Netherlands. The Seller is entitled to contact court data in accordance with the usual rules of relative or international jurisdiction. The Seller is entitled in case of a cross-border case, to have a dispute adjudicated by the competent court in the court district of The Hague.
Art. 12.3 Without prejudice to the other rights and provisions of The Seller elsewhere in these general terms and conditions, The Seller can consider a contract to be dissolved without the need for legal intervention and without notice of default if The Buyer is granted a provisional or definitive suspension of payments, is placed under guardianship, or if and to the extent that the debt rescheduling scheme is applied to The Buyer according to the Dutch Natural Persons Debt Restructuring Act (Wet schuldsanering natuurlijke personen), or if The Buyer dies, or if and as soon as a petition is brought or ordered for The Buyer’s bankruptcy and as soon as its business is liquidated, discontinued or ceased, other than for the purpose of reconstructing or merging companies, or if and as soon as The Buyer assigns all or part of its estate, or if and as soon as a prejudgment attachment is levied against all or part of The Buyer’s possessions, or if all or part of The Buyer’s possessions are attached under a warrant of execution, or if and as soon as The Buyer’s company is sold or there is a change to The Buyer’s management. The Seller will not be obliged under any circumstances to pay any compensation on account of termination.
Art. 12.4 If and as soon as and as long as The Buyer is unable to meet one or more of its obligations towards The Seller based on an Agreement with The Seller and/or these general terms and conditions are not met in a timely or respectful manner, The Seller has the right to suspend its obligations in whole or in part towards The Buyer. In this case, The Buyer is obliged to compensate for any damage caused to The Seller, including but not limited to the loss of profit. If The Buyer is in default, The Seller is entitled to terminate the Agreement with The Buyer in whole or partly.
Art. 12.5 The Seller is in no way obliged to compensate The Buyer, if The Seller suspends or terminates The Agreement in accordance with this article.
Art. 12.6 Upon termination of The Agreement, mutual claims become due and payable immediately. The Buyer is liable for the damage suffered by The Seller, including the loss of profit and costs. The item “lost profit” corresponds to 25% of the agreed price, unless The Buyer can prove otherwise.
Article 13: Other
Art. 13.1 The non-enforceability of all or part of the provisions of these general terms and conditions does not affect the validity of the other provisions or parts of the provisions of these general terms and conditions. In this case, the parties agree to replace the relevant provision, or parts thereof, with provisions, or parts of provisions, that are enforceable and differ as little as possible from the provisions, or parts of provisions, that are not enforceable.
Art. 13.2 These general terms and conditions are drawn up in two versions. Namely, English and Dutch. The Dutch version will be binding in case of any discrepancy between the English and Dutch version.
Art. 13.3 The most recent version of the general terms and conditions can be found through The Seller’s website (www.interkraan.nl). The Seller will at all times be entitled to amend these general terms and conditions.
4793 RJ Fijnaart
Chamber of Commerce: 20068519
VAT number: NL801909636B01
IBAN: NL22 RABO 0133 8254 18 – BIC RABONL2U
Phone: +31(0)168 464 555
Cors van Dis: +31(0)6 53 865 113
Sandra van Dis: +31(0)6 43 071 002
© 2022 by Interkraan Holland B.V.