Article 1: Definitions
1.Alltracks, established in Budel Schoot, Chamber of Commerce number 67580858, is referred to as seller in these general terms and conditions.
2.The other party of the seller is referred to as the buyer in these general terms and conditions.
3.Parties are seller and buyer together.
4.The agreement means the purchase agreement between the parties.
Article 2: Applicability of general terms and conditions
1.These terms and conditions apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf
of the seller.
2.Deviation from these conditions is only possible if the parties have explicitly agreed in writing.
Article 3: Payment
1.The full purchase price is always paid immediately in the store. With reservations, a deposit is expected in some cases.
In that case, the buyer will receive proof of the reservation and the advance payment.
2.If the buyer does not pay on time, he is in default. If the buyer remains in default, the seller is entitled to suspend the
obligations until the buyer has fulfilled his payment obligation.
3.If the buyer fails to do so, the seller will proceed to collect. The costs related to that collection are for the account of the buyer. These collection costs are calculated on the basis of the Reimbursement for Extrajudicial Collection Costs Decree.
4.In the event of liquidation, bankruptcy, seizure or suspension of payment of the buyer, the seller’s claims against the buyer are immediately claimable.
5.If the buyer refuses his cooperation in the execution of the order by the seller, he is still obliged to pay the agreed price to
Article 4: Offers, quotations and price
1.Offers are free of obligation, unless a period of acceptance is stated in the offer. If the offer is not accepted within that
stated period, the offer will expire.
2.Delivery times in quotations are indicative and do not give the buyer the right to dissolution or compensation if they are exceeded, unless the parties expressly agree otherwise in writing.
3.Offers and quotations do not automatically apply to repeat orders. Parties must agree explicitly and in writing.
Article 5: Amendment of the agreement
1.If during the execution of the agreement it appears that for a proper execution of the assignment it is necessary to change
or supplement the work to be performed, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
2.If the parties agree that the agreement will be amended or supplemented, the time of completion of the implementation
may be affected. The seller will inform the buyer of this as soon as possible.
3.If the change or supplement to the agreement has financial and / or qualitative consequences, the seller will inform the buyer
in writing in advance.
4.If the parties have agreed on a fixed price, the seller will indicate to what extent the change or supplement to the agreement
will result in this price being exceeded.
5.Contrary to the provisions of the third paragraph of this article, the seller cannot charge additional costs if the change or
supplement is the result of circumstances that can be attributed to him.
Article 6: Delivery and transfer of risk
1.As soon as the purchased item has been received by the buyer, the risk passes from seller to buyer.
Article 7: Research, complaints
1.The buyer is obliged to inspect the goods delivered at the time of delivery or delivery, but in any case within the shortest possible time. In addition, the buyer should examine whether the quality and quantity of the delivered goods correspond to what the parties have agreed, at least that quality and quantity meet the requirements that apply in normal (trade) traffic.
2. Complaints with regard to damage, shortages or loss of delivered goods must be submitted to the seller in writing by the buyer within 30 working days after the day of delivery of the goods.
3. If the complaint is found to be well-founded within the stipulated period, the seller has the right to either repair, to deliver again, or to refrain from delivery and to send the buyer a credit note for that part of the purchase price.
4. Slight and / or customary deviations in the industry and differences in quality, number, size or finish cannot be invoked against the seller.
5. Complaints regarding a certain product have no influence on other products or parts belonging to the same agreement.
6. No complaints will be accepted after the buyer has processed the goods.
Article 8: Samples and models
1.If a sample or model has been shown or provided to the buyer, then it is presumed to have been provided only as an indica tion, without the goods to be delivered having to conform to that. This is different if the parties have expressly agreed that
the item to be delivered will correspond to this.
Article 9: Delivery
1.Delivery takes place “ex factory / store / warehouse”. This means that all costs are for buyer.
2.The buyer is obliged to take delivery of the goods at the moment that the seller delivers them or has them delivered to
him, or at the time when these goods are made available to him in accordance with the agreement.
3.If the buyer refuses to take delivery or is negligent in providing information or instructions that are necessary for the
delivery, the seller is entitled to store the item for the account and risk of the buyer.
4.If the goods are delivered, the seller is entitled to charge any delivery costs.
5.If the seller needs information from the buyer for the implementation of the agreement, the delivery time starts after the
buyer has made this information available to the seller.
6.A delivery period specified by the seller is indicative. This is never a deadline. If the period is exceeded, the buyer must give
the seller written notice of default.
7.The seller is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or if partial delivery
does not accrue independent value. Upon delivery in parts, the seller is entitled to invoice these parts separately.
Article 10: Force majeure
1.If the seller is unable to meet his obligations under the agreement due to force majeure, or not in time or properly,
he is not liable for damage suffered by the buyer.
2.Force majeure means parties in any case any circumstance that the seller could not take into account at the time of
entering into the agreement and as a result of which the normal performance of the agreement cannot reasonably be required
by the buyer such as, for example, illness, war or danger of war, civil war and riot, molestation, sabotage, terrorism, energy disruption, flood, earthquake, fire, company occupation, strikes, exclusion of workers, changed government measures,
transport difficulties, and other disruptions in the seller’s company.
3.The parties also understand by force majeure that suppliers who are dependent on the seller for the performance of the
agreement do not comply with the contractual obligations towards the seller, unless the seller can be blamed for this.
4.If a situation as referred to above occurs as a result of which the seller cannot fulfill his obligations towards the buyer, then those obligations will be suspended as long as the seller cannot meet his obligations. If the situation referred to in the previous
sentence has lasted 30 calendar days, the parties have the right to dissolve the agreement in whole or in part in writing.
5.In the event that the force majeure continues for more than three months, the buyer has the right to terminate the
agreement with immediate effect. Dissolution can only be done by registered letter.
Article 11: Transfer of rights
1.Rights of one party to this agreement cannot be transferred without the prior written consent of the other party.
This provision applies as a clause with property law effect as referred to in Section 3:83 (2) of the Dutch Civil Code.
Article 12: Retention of title and right of retention
1.The goods present at the seller and delivered goods and parts remain the property of the seller until the buyer has paid the entire agreed price. Until that time, the seller can invoke his retention of title and take back the goods.
2.If the agreed amounts to be paid in advance are not or not paid on time, the seller has the right to suspend the work until the
agreed part is still paid. There is then a default of creditors. A late delivery cannot in that case be invoked against the seller.
3.The seller is not authorized to pledge the goods falling under his retention of title nor to encumber them in any other way.
4.The seller undertakes to insure the goods delivered to the buyer under retention of title and to keep them insured against fire,
explosion and water damage as well as against theft and to make the policy available for inspection on first request.
5.If goods have not yet been delivered, but the agreed advance payment or price has not been paid in accordance with the
agreement, the seller has the right of retention. The item will not be delivered until the buyer has paid in full and in accordance
with the agreement.
6.In the event of liquidation, insolvency or suspension of payment of the buyer, the obligations of the buyer are immediately
due and payable.
Article 13: Liability
1.Any liability for damage arising from or related to the implementation of an agreement is always limited to the amount that is paid out in the relevant case by the liability insurance policy (s) concluded. This amount is increased by the amount of the deductible according to the relevant policy.
2.The seller’s liability for damage resulting from intent or deliberate recklessness on the part of the seller or his managerial subordinates is not excluded.
Article 14: Duty to complain
1.The buyer is obliged to immediately report any complaints about the work performed to the seller. The complaint contains
such a detailed possible description of the shortcoming, so that the seller is able to respond adequately.
2.If a complaint is well-founded, the seller is obliged to repair the goods and possibly replace them.
Article 15: Guarantees
1.If guarantees are included in the agreement, the following applies. Seller guarantees that it sold to the agreement answers, that it will function without defects and that it is suitable for the use that buyer intends to use it. This guarantee applies for a period of one calendar year after purchase.
2.The guarantee referred to is intended to establish a risk distribution between the seller and the buyer in such a way that the consequences of a breach of a guarantee are always fully for the account and risk of the seller and that the seller can never
be held liable for a breach of a guarantee. invoke article 6:75 of the Dutch Civil Code. The provisions in the previous sentence also apply as the infringement was known to the buyer or could have been known by conducting research.
3.The aforementioned guarantee does not apply if the defect has arisen as a result of improper or improper use or if
– without permission – the buyer or third parties have made changes or tried to make them or have used the purchased item
for purposes for which it is not intended.
4.If the guarantee provided by the seller relates to an item produced by a third party, the guarantee is limited to the
guarantee provided by that producer. In the event of bankruptcy or termination of the activities of this third party,
the guarantee provided by the producer will lapse, the seller’s guarantee will be applied after this event.
Article 16: Applicable law
1.Dutch law exclusively applies to this agreement between seller and buyer. The Dutch court has jurisdiction.
2.The applicability of the Vienna Sales Convention is excluded.
3.If in legal proceedings one or more provisions of these general terms and conditions are considered unreasonably onerous,
the remaining provisions will remain in full force.
Article 17: Arbitration clause
1.All disputes that arise between the parties regarding the interpretation of the agreement in whatever form, whether of a factual or legal nature or that result therefrom, will be settled by arbitration. It does not matter whether those disputes are regarded as such by either party or by both parties.
2.The arbitration committee always has a judge as chairman. Arbitration takes place close to the consumer’s place of residence.
The arbitrators must judge by law.
Alltracks – Budel Schoot – 2020