Algemene voorwaarden
GENERAL TERMS AND CONDITIONS FOR DELIVERYHJR Material Handling B.V.
KVK number: 75835770
Article 1 Offers and Tenders
1. All offers shall be free of obligation unless the offer contains an acceptance term.
2. The offers made by HJR Material Handling B.V. shall be free of obligation; they shall be valid
for a period of 14 days, unless indicated otherwise. HJR Material Handling B.V. shall only be
bound by the offers if the acceptance thereof is confirmed in writing by the buyer
within 14 days.
3. Terms of delivery given in HJR Material Handling B.V.’s offers shall only be tentative and
exceeding these terms of delivery shall not entitle buyer to dissolution or damages,
unless explicitly agreed upon otherwise.
4. The prices given in above-mentioned offers and tenders shall be exclusive of VAT
and other government levies, as well as of shipment costs and possible packaging
and administration costs, unless explicitly stated otherwise.
5. Offers and tenders shall not apply automatically to repeat orders.
Article 2 Execution of the Agreement
1. HJR Material Handling B.V. shall not be liable for damage of whatever nature caused by the
fact that HJR Material Handling B.V. worked on the basis of incorrect and / or incomplete data
provided by the buyer, unless HJR Material Handling B.V. should have been aware of said
incorrectness or incompleteness.
2. Buyer shall safeguard HJR Material Handling B.V. against possible claims filed by third parties
who may sustain damage attributable to buyer in connection with the execution of
the agreement.
Article 3 Delivery
1. Delivery shall be made ex works of the HJR Material Handling B.V.
2. Buyer shall be held to take delivery of the goods the moment that HJR Material Handling B.V.
delivers them to him or has them delivered, or the moment at which the goods are
put at buyer's disposal under the agreement.
3. HJR Material Handling B.V. shall be entitled to charge order costs for all orders < 150,00
Euro.
4. If the goods are serviced, HJR Material Handling B.V. shall be entitled to charge possible
service charges. Said service charges shall then be invoiced separately.
5. HJR Material Handling B.V. uses the following terms of delivery:
All goods that are sold online and offline by HJR Material Handling B.V. in their webshop www.outlet-sales.com and by written order are sold ex. works the Netherlands.
Note: delivery costs are calculated based on the expenses what the forwarder is charging plus VAT
6. HJR Material Handling B.V. shall be entitled to deliver the goods in parts, unless such is
deviated from in writing in the agreement or if the partial delivery does not represent
an independent value. HJR Material Handling B.V. shall be entitled to invoice the thus delivered
goods separately.
Article 4 Inspection & Complaints
1. Buyer shall be held to examine the delivered goods (to have the delivered goods
inspected) the moment of delivery (handing over), but in any case in as short a
period of time as possible. In this respect, buyer must examine whether the quality
and the quantity of the delivered goods comply with what was agreed upon, or at
least whether they meet the requirements applying to said goods in normal
(business) transactions.
2. Possible visible shortcomings must be communicated in writing to HJR Material Handling B.V.
within two days following delivery. Non-visible shortcomings must be reported
within 1 week following delivery.
3. If in accordance with the previous paragraph, buyer files his complaint in due
time, he shall still be held to take delivery and effect payment of the goods
purchased. If buyer wishes to return defect goods, he shall do so following prior
consent in writing from HJR Material Handling B.V.
Article 5 Remuneration, Price and Costs
1. HJR Material Handling B.V. shall be allowed among others, to charge on price increases if
changes in price have occurred between the moment the offer was made and the
moment of execution of the agreement with respect to, e.g., exchange rates, salaries
and wages, raw material, semi-finished products or packaging material.
Article 6 Payment
1. Payment must be made within 5 days from the date of invoice, in a way to be
indicated by HJR Material Handling B.V. and in the currency in which the goods were invoiced.
Contestation of the amount of the invoices shall not suspend the fulfillment of the
payment obligation
Sales of goods and services from HJR Material Handling B.V. have to be prepaid at the time of the order. Online transactions have to be paid at the time of the order. For easy payment our website offers different methods of payment.
Ordered goods that are picked up in our warehouse by the buyer or a transport company have to be paid in full before loading.
2. If the buyer fails to fulfill his payment obligation within the term of 5 days or prepayment then the
buyer shall be in default by operation of law. In that event, buyer shall owe an
interest of 1% per month, unless the statutory interest rate is higher, in which case
the statutory interest rate shall apply. The interest on the amount due and payable
shall be calculated as from the day the buyer is in default until the moment he has
paid the amount in full.
3. HJR Material Handling B.V. claims against buyer shall become due on demand in the event
that buyer is wound up, attached, declared bankrupt, or if a suspension of payment
is granted.
Article 7 Retention of Title
1. All goods delivered by HJR Material Handling B.V., possibly also including designs, sketches,
drawings, films, software, (electronic) files, etc., shall remain HJR Material Handling B.V.´s
property until buyer has fulfilled all of his obligations under all agreements concluded
with HJR Material Handling B.V.
2. Buyer shall not be authorized to pledge or encumber in any way the goods falling
under the retention of title.
3. If third parties seize goods delivered subject to retention of title or wish to
establish or assert a right to them, buyer shall be held to inform HJR Material Handling B.V.
thereof as soon as can reasonably expected.
4. The buyer shall undertake to insure the goods delivered subject to retention of
title and to keep them insured against damage caused by fire, explosion and water
as well as against theft and make this insurance policy available for inspection on
first demand.
5. In the event that HJR Material Handling B.V. wishes to exercise his ownership rights
mentioned in the present article, buyer shall give HJR Material Handling B.V. or third parties to
be appointed by HJR Material Handling B.V., now for then, unconditional and irrevocable
permission to access all sites and locations where HJR Material Handling B.V.'s property might
be found and to take these goods back.
Article 8 Guarantee
1. HJR Material Handling B.V. shall guarantee that the goods to be delivered shall meet the
usual requirements and standards that can be set for and made upon them and that
they shall be free of any defect whatsoever.
Article 9 Collection Charges
1. If the buyer fails to fulfill his obligations (in due time) or defaults on them, then
all reasonable costs incurred to have all extrajudicial costs and debts paid shall be
borne by the buyer. If the buyer remains in default of payment within the set time
period, he forfeits a immediately payable fine of 15% on the amount due at that
moment. This with a minimum of € 50,00.
Article 10 Suspension and Dissolution
1. HJR Material Handling B.V. shall be authorized to suspend the fulfillment of the obligations
under the agreement or to dissolve the agreement, in the event that:
- buyer does not fulfill or does not fully fulfill his obligations resulting from the
agreement
- after the agreement has been concluded, HJR Material Handling B.V. learns of circumstances
giving good ground to fear that the buyer will not fulfill his obligations. If good
ground exists to fear that the buyer will only partially or improperly fulfill his
obligations, suspension shall only be allowed in so far the shortcoming justifies such
action.
- buyer was asked to furnish security to guarantee the fulfillment of his obligations
resulting from the agreement when the contract was concluded and that this security
is not provided or insufficient. As soon as security is furnished, the authorization to
suspend shall lapse, unless said fulfillment has been unreasonably delayed because
of it.
Article 11 Liability
1. HJR Material Handling B.V. shall never be liable for indirect damage, including consequential
damage, loss of profit, lost savings and damage due to business stagnation.
Article 12 Transfer of Risk
1. The risk of loss of, or damage to the products being the subject of the agreement,
shall be transferred to buyer the moment said products are judicially and/or actually
delivered to buyer and therefore fall into the power of buyer or of third parties to be
appointed by buyer.
Article 13 Force Majeure
1. Parties shall not be held to fulfill any of their obligations if they are hindered to do
so due to a circumstance through no fault of their own and which cannot be
attributed to them by virtue of law, a legal action or generally accepted practice.
2. In addition to the provisions of the law and the judge-made law in this respect,
force majeure shall in the present general terms and conditions furthermore be
understood to be any external circumstance, be it envisaged or not, on which
HJR Material Handling B.V. cannot have any influence but which prevents HJR Material Handling B.V. from
fulfilling his obligations. Industrial action at HJR Material Handling B.V.'s company shall also be
understood to be a circumstance of force majeure.
Article 14 Disputes
1. The Court in HJR Material Handling B.V.'s place of business shall have exclusive jurisdiction
to hear actions, unless the District Court is the competent Court. HJR Material Handling B.V.
shall nevertheless be entitled to submit the dispute to the Court deemed competent
by the law.
Article 15 Applicable Law
1. Dutch law shall apply to each and every agreement between HJR Material Handling B.V. and
the buyer. The Vienna Sales Convention shall be explicitly excluded.
Article 16 Changes to the Terms and Conditions, interpretation and their
location
1. The present terms and conditions have been filed at the office of the Chamber of
Commerce in Eindhoven.
2. The English version of these general terms and conditions prevails at all time in
case of disputes with regard to the interpretation and purpose of these terms and
conditions.
3. The most recently filed version shall always apply, or, as the case may be, the
version valid at the time the agreement was concluded.