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ARTICLE 1 DEFINITIONS
1. User: Mestebeld Trucks BV and its affiliated operating companies,
as well as its possible legal successors.
2. Other party and/or client: every (legal) person to whom we extend our services
make offers, as well as the person who makes offers to us and the person who
has given us an assignment, or the person with whom we enter into an agreement
and furthermore, the person with whom we have any legal relationship and, in addition to this, his/her
representative(s), authorized representative(s), legal successor(s) and heir(s).
3. Products: all products, items and/or parts, etc. that apply this
general terms and conditions are delivered to the Other Party.
ARTICLE 2 APPLICABILITY
1. These general terms and conditions apply to all offers,
agreements, all legal acts, deliveries and work performed by
and other services relating to the Products as offered by the User.
2. Deviation from the general terms and conditions can only be expressly made in writing
agreed.
3. When it appears that one or more provisions in these general terms and conditions
prove to be non-binding, the other provisions of these general terms and conditions remain unchanged
conditions remain in full force.
4. In the event of a conflict between the contents of the agreement concluded between the Other Party and us
these general terms and conditions, the provisions of the agreement apply.
5. If strict compliance with these conditions is not always enforced
that the right has in no way been relinquished to ensure strict compliance in other cases
to demand the provisions of these conditions.
6. The applicability of any form of general terms and conditions of the Other Party becomes
expressly excluded.
ARTICLE 3 AGREEMENTS ESTABLISHED
1. All offers and quotations are without obligation. If an acceptance by the Other Party
deviates from the offer, this applies as a new offer from the Other Party and as a
rejection of the entire offer.
2. Unless expressly agreed otherwise in writing, the User
Prices quoted ex factory in Lemelerveld. Delivery costs and costs for
shipping is not included in the price.
3. An agreement is concluded at the time of receipt of a written letter
acceptance of any offer, within the specified period, or, if
The Other Party makes an offer when the User accepts it
confirms the offer in writing.
4. Additional agreements made after the agreement are only binding if:
these will be confirmed in writing to the Other Party.
5. The prices stated are in Euros and are exclusive of sales tax and other charges
sale and/or delivery and/or performance of the agreement subject to government charges
and/or charges from third parties. Currency fluctuations are at the expense and risk of
Other party
6. If the User is responsible for shipping the sold items,
The User must always invoice the Other Party for transport and packaging costs separately
account.
7. A composite quotation never obliges the User to perform any action
part of the order against a corresponding part of the stated price.
8. Delivery times are indicative and exceeding them will never constitute a shortcoming
from User. The other party can never claim compensation or
termination of the agreement.
9. The other party is obliged to make deliveries at the agreed delivery time
receipt, failing which all resulting costs will be incurred
(including delivery, storage, insurance and storage costs) and damage, at
The other party will be charged.
10. After delivery, the Products are at the expense and risk of the Other Party.
11. Ownership of the Products will only be transferred to the Other Party after it has satisfied all its obligations
obligations, of whatever nature, towards the User.
12. Offers or quotations do not apply to follow-up orders.
13. The other party is obliged at all times to provide the User with all identity information
Other party (legal entity) such as registered and office address, articles of incorporation,
registration in registers and all data relating to and identity documents
the natural person(s) who is (ultimately) interested in the Other Party
(legal entity) or has/have actual control over it
to be provided to the User or any other supporting document or data given to the User
provide that the User is obliged to do so in accordance with the applicable regulations
the other party in the User's administration.
ARTICLE 4 PAYMENT
1. Unless otherwise agreed in writing, payment is made prior to
delivery. Settlement with claims that the Other Party claims to have is not possible
Allowed.
2. In case of late payment, interest of 1,5% per month or part of a month is due
month to calculate the principal sum. The extrajudicial collection costs will be charged
set at 15% of the amount due with a minimum of € 250.
3. Payments will always first be deducted from the interest and costs owed
then on the claims under the agreement that have been due for the longest time, even
even if the Other Party states that the payment relates to another claim.
4. Any payment discounts agreed in writing will lapse if the
payments have not been received within the agreed payment term.
5. The user is at all times entitled to require an advance payment of the amount due
Amount owed by the other party.
ARTICLE 5 SUSPENSION AND RIGHT OF RETENTION
1. User is entitled to suspend performance of any agreement if
The other party does not meet its obligations or if there is good reason to do so
assume that the Other Party will not fulfill its obligations.
2. The User has the right of retention on all items of the Other Party that are in its possession
if the Other Party has the obligations associated with the execution of the
agreement, or other agreements concluded with the Other Party.
3. The other party is liable for the costs of custody of the items covered by it
right of retention.
4. The other party is not entitled to terminate its obligations for any reason whatsoever
suspend or otherwise discontinue or limit. The other party is also not authorized
to offset any claim it believes it has against claims we have
have the other party.
5. The User has the right to pay the amounts they owe to the Other Party
against the amounts that the User can claim from the Other Party
each head.
ARTICLE 6 DISSOLUTION
1. If the Other Party does not comply with any obligation, or does not do so on time or in full
Based on the concluded agreement, the User is entitled without notice of default
and terminate the agreement in whole or in part without judicial intervention
dissolve.
2. Due to the dissolution, existing claims become immediately due and payable. The
the other party is liable for the damage suffered, in any case consisting of interest
and loss of profit.
3. Except insofar as these general terms and conditions provide for this, the Other Party
waiver of the right to terminate the agreement in whole or in part.
ARTICLE 7 FORCE MAJEURE
1. In case force majeure delays or prevents the execution of the agreement
User is entitled to terminate the agreement, without this causing any harm to the Other Party
entitles you to compensation.
2. Force majeure also includes any circumstance beyond the control of the User
arise, which prevents the normal execution of the agreement. If
Such force majeure circumstances apply in any case:
a. if the production or supply of a specific item is discontinued;
b. loss, damage and/or delay during and due to transport, extreme
absenteeism of staff, actions/measures at customs,
including (temporary) closure of certain geographical areas,
international sanctions or export restrictions, fire, theft and others
serious disruptions in our company or at the supplier.
ARTICLE 8 LIABILITY
1. Except for the agreed warranty, the User is not liable for any
damage whatsoever, regardless of whether that claim is based on a contract concluded
agreement, tort or otherwise, except with intent or deliberate intent
recklessness.
2. If the User is liable for damage, this liability is
always limited to direct damage. The User is never liable for this
consequential damage, including any business damage, interruption damage, loss of
income etc.
3. The maximum liability is furthermore always limited to the amount paid by
The other party has been paid for the assignment.
4. Any claim by the Other Party for compensation for damage and/or repair of the
shortcoming and/or replacement of the item, for whatever reason, will expire at the latest
one year after delivery, installation or completion.
5. The other party is obliged to indemnify or compensate the User
with regard to all claims from third parties with regard to the delivered goods
episode.
ARTICLE 9 COMPLAINTS
1. Any complaints with regard to delivered goods as well as with regard to
invoice amounts must be paid within 8 working days after receipt of the Products,
respectively after receipt of the invoice, must be submitted in writing, under
accurate statement of the facts to which the complaint relates. By default
of a notification, the Other Party is deemed to have accepted the delivered goods without any
to have approved and accepted the reservation.
2. Any right of complaint expires when the Products are put into use.
3. Minor or industry standard deviations and differences in quality, quantity, size
or finish cannot provide grounds for complaints.
4. The complained of Products can only be returned if the User
agrees to this in writing. Return costs are for the Other Party's account.
ARTICLE 10 SANCTION COMPLIANCE
1. The Other Party is obliged to ensure that the Products are never sold directly or
be used indirectly, resold or supplied in violation of the EU or US
sanctions laws and regulations or export control laws and regulations.
2. If the Other Party, despite its obligations under this Article, receives the Products immediately
or indirectly uses, resells or resells in violation of EU or US sanctions laws -
and regulations or export control laws and regulations, it will be fully liable
for any and all damage that the User suffers as a result, including:
costs of legal assistance and damage to reputation.
3. If the Other Party resells or delivers Products, the Other Party will
also impose obligations under this Article on that third party.
4. If the User has or receives concrete instructions at any time
The Other Party acts in violation in the context of the purchase or sale of the Products
has acted under EU or US sanctions or export control laws
regulations, it reserves the right to inform the authorities thereof.
ARTICLE 11 ANTI-MONEY LAUNDERING COMPLIANCE
1. The Other Party is not permitted to do so without prior written express
consent of the User, any claim or payment obligation under the
agreement to which these General Terms and Conditions apply
transfer to third parties.
2. The Other Party will guarantee that it will pay the User directly and will
do not allow third parties to pay the User without prior written notice
express permission.
3. If the User has or receives concrete instructions at any time
The Other Party acts in violation in the context of the purchase or sale of the Products
has acted with anti-money laundering regulations, it reserves the right
to inform authorities about this.
ARTICLE 12 ANTI-CORRUPTION COMPLIANCE
1. The other party is obliged to ensure that in connection with the purchase or...
sale of the Products will never conflict with EU, UK or US anti-
corruption laws and regulations.
2. If the Other Party, despite its obligations under this Article, in connection with the
purchase or sale of the Products violates EU, UK or US anti-corruption laws
and regulations, it will be fully liable for any and all damage caused to the User
suffers as a result, including the costs of legal assistance and
reputational damage.
3. If the User has or receives concrete instructions at any time
The Other Party acts in violation in the context of the purchase or sale of the Products
has acted in accordance with EU, UK or US anti-corruption laws and regulations, it reserves the right
the right to inform the authorities thereof.
ARTICLE 11 APPLICABLE LAW AND COMPETENT COURT
1. All agreements entered into with us for whatever reason are Dutch
law applies.
2. All disputes will be submitted exclusively to the competent court in Zwolle.