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1. Applicability
1.1 These General Terms and Conditions are applicable to every offer, invoice and contract between Jeep-Parts -from here on called “supplier”- and a counterparty on which supplier has declared these terms and conditions, unless parties explicitly and in writing agrees to deviate from these terms and conditions.
1.2 In case the buyer is a corporation, partnership or limited partnership, the responsible representative becomes the personally liable debtor with whom the supplier is doing business unless supplier explicitly and in writing agrees to deviate from these terms.
2. Pricing
2.1 Unless stated otherwise, all amounts are excluding deductions and/or rebates and including V.A.T., whether or not calculated according to the V.A.T. margin scheme applicable to the Dutch car salvage industry.
2.2 Prices are calculated for delivery ex works unless explicitly stated otherwise.
2.3 Price quotes for goods for sale and specifications listed in websites, catalogs, pricelists and other publications are non-committal. They do not legally bind supplier and the buyer cannot claim these quotes, unless stated and/or agreed otherwise.
3. Delivery
3.1 Delivery is ex warehouse or store by the supplier’s choice. The buyer has the obligation to purchase unless supplier has no reasonable interest in this.
3.2 The risks to the goods sold transfer to the buyer on the moment that the goods are ready for pickup or shipment.
3.3 The goods sold will be supplied in the condition that they were at the closing time of the agreement.
3.4 Transport of the goods sold are at the sole responsibility and risk of the buyer.
4. Delivery times
4.1 Delivery times are determined by the supplier after consultation and are always an approximation. Delivery times can never be considered as explicit deadlines. The delivery period starts after verbal and/or written order confirmation.
4.2 The supplier is not liable for any damages caused to the buyer by untimely delivery unless the buyer has provided supplier with a written declaration of delivery default, which can only be presented after the buyer has granted the supplier an additional timeframe to meet his obligations of at least half of the originally agreed upon delivery time.
4.3 To the extent permitted by the law, the buyer cannot rescind the purchase agreement on account of untimely delivery unless the additional term mentioned in the final section of paragraph 2 of this article has passed and the buyer cannot reasonably be expected to uphold the purchase agreement.
4.4 The supplier will immediately inform the buyer once the goods sold are ready for pickup. If the buyer does not pick up the goods sold within 4 week after this announcement the purchase agreement will be rescinded without judicial intervention unless the buyer makes a written appeal for fulfillment.
5. Payment
5.1 All payments are to be made in cash unless stated otherwise.
5.2 Purchases made on account need to be paid within 14 days after invoice date.
5.3 If no payment or partial payment has been made at the invoice due date, the buyer is considered in default and becomes liable for the statutory interest per month or part of a month on the amount in arrears starting from the invoice due date.
5.4 In case of paragraph 3 of this article, supplier has the right to recover the goods sold through an extrajudicial statement. This statement causes the purchase agreement to be rescinded.
5.5 All of the costs, both judicial and extrajudicial –including collection agencies, bailiffs and lawyers- which the supplier has to incur to uphold his rights against the buyer are borne by the buyer. The extrajudicial collection costs are calculated according to the collection rate set by the Dutch Bar Association with a minimum of € 50,00.
6. Title
6.1 The supplier will remain the sole owner of the delivered good as long as the buyer has not completely fulfilled the condition(s) and payment(s) arising from or in connection with the purchase agreement.
6.2 The buyer is not entitled pass on, lend or pledge to third parties any delivered goods that the buyer has not completely paid for.
6.3 The buyer carries the risk for unpaid goods regarding damages, direct and indirect, caused by the buyer or any other party.
7. Warranty
7.1 Warranty applies to sold and/or delivered used car parts except for electronic parts.
7.2 The buyer can only claim his warranty rights when the buyer can prove that he bought the good(s) from the supplier. Proof of purchase can only be made by delivering the original purchase agreement or invoice to the supplier. In case the warranty claim involves parts that have been marked by the supplier, the buyer can only claim warranty when the supplier’s marking is a still intact.
7.3 Warranty claims made by the buyer are not transferable to third parties.
7.4 In case of proven unfitness, the buyer has the right for 1 month after invoice date to offer delivered goods for replacement or repair in accordance with article 8.
7.5 The supplier will repair or replace the unfit goods within a reasonable timeframe when a warranty claim adheres to the conditions set out in article 7.4 and article 8. The supplier will only refund the invoiced amount if he is unable to repair or replace the unfit goods.
7.6 Goods that are repaired or replaced are once again eligible for warranty.
7.7 The buyer cannot make a warranty claim when:
a. the buyer has provided insufficient or incorrect information regarding the make and model of sold part(s) and/or vehicle for which the sold part(s) are intended;
b. the installation of the sold part(s) has been unsound;
c. the buyer has performed and/or outsourced work on sold part(s), including but not limited to repairs, alterations and disassembly;
d. the installation/use serves another purpose other than those normally intended for the goods sold;
e. the sold part(s) are installed in vehicles that differ from the standard specifications set by the parts’
f. there has been inadequate or incompetent use of the sold part(s) and/or the vehicle in which the sold part(s) are installed is used for purposes other than those considered normal road use (speed tests, reliability trials, overloaded vehicle and trailer/caravan combinations etc.);
g. any other condition or term in these Generals terms and Conditions is violated insofar these are applicable to a loss of rights.
7.8 An approved warranty claim does not entitle the buyer to any form of additional damage compensation.
7.9 The supplier only has the right to deviate from article 7 warranty when he informs the buyer of these amendments before the purchase agreement is signed.
8. Complaints
8.1 The buyer is obliged to thoroughly check delivered goods for possible shortcomings such as deviations from specifications en other observable shortcomings. Any observed shortcomings have to be communicated to the supplier within 8 days after discovery. The buyer needs to deliver a written statement containing a copy of the invoice, invoice number and a description of the observed shortcoming. In accordance with article 7.4, the buyer has to inform the supplier within 3 months after the purchase date.
8.2 The buyer has to enable the supplier to check the observed shortcoming(s). Not meeting this obligation nullifies the buyer´s right to appeal for shortcomings that the buyer should have reasonably discovered after thorough examination within the given timeframe.
8.3 To the extent permitted by the law, shortcomings in the delivered goods are insufficient to rescind the purchase agreement unless the supplier is unable to satisfactorily resolve the shortcomings after several attempts. In that case the buyer is authorized to rescind the purchase agreement if maintaining the agreement cannot be reasonable demanded from the buyer.
8.4 The buyer has to reimburse the costs of any unfounded complaints to the supplier.
8.5 To the extent permitted by the law, a shortcoming appeal does not entitle the buyer to suspend his payment obligation to the supplier.
8.6 The terms and conditions laid out in article 8 are applied in conjunction with those set out in article 7 of the General Terms and Conditions.
9. Force majeure
9.1 When the supplier partially or fully fails to comply with his obligations towards the buyer, the failure cannot be attributed to the supplier in case the supplier is hindered or prohibited from delivering upon the agreement by an (un)foreseeable circumstance that lies beyond the supplier’s control (force majeure) such as, but not limited to:
- failure caused by suppliers/transporters;
- war, revolt or comparable situations;
- sabotage, boycott, strike or occupation;
- machine damage;
- theft from the warehouse(s);
- business interruptions;
- extremely bad weather and lightning strikes;
- fire.
9.2 If a situation occurs such as those described in paragraph 1 of this article then, to the extent permitted by the law, the supplier is not liable for any resulting damages incurred by the buyer. The supplier has the option to either postpone or (partially) rescind the agreement without judicial intervention and has no obligation to pay any damages to the buyer.10 Usage 10.1 The buyer agress to use the goods sold according to their nature and funtion,uphold all legal usage rules and,if applicable,those usage rules dictated supplier.10.2 When the buyer does not comply with the conditions mentioned in paragraph 1from this article and holds the supplier liable for the damages related to the use of the goods sold,the buyer has to prove that these damages are caused by a shortcoming/malfunction in the goods sold and from usage other than those mentioned in paragraph 1 from this article.
10.3 Notwithstanding the conditions outlined in article 11and paragraph 2 of this article,the supplier can never be held liable for injury damages when the buyer has violated the conditions mentioned in paragraph 1 of this article.The buyer has to safeguard-to the extent that the law permits-the supplier against claims made by employees or other third parties who arent familiar with the usage ruls stemming from paragraph 1 of this article
11. Liability
11.1 Damage(s) resulting from or relating to goods sold for which the supplier can be held legally liable -insofar mandatory legal provisions do not state otherwise- cannot surpass the originally invoiced amount.
11.2 Damage(s) consisting of lost profits, reduced turnover and all other indirect or consequential damage(s) such as property damage(s) or damage(s)/fine(s) the buyer owes to any third party are not eligible for restitution.
11.3 Insofar the supplier bears any liability ex section 3 of Title 3 of Book 6 BW and insofar the law allows for this, the buyer safeguards the supplier against claims from any party who claims to have suffered damages as a result of the goods sold or actions or negligence from the supplier during the execution of the agreement unless the buyer demonstrates that the supplier is liable in relation to the buyer and has to reimburse these damages to the buyer.
11.4 Subject to forfeiture of the right to damages, the supplier will receive all requested assistance from the buyer during the investigation into the cause, nature and size of the damage for which reimbursement is requested.
11.5 Article 7.8 of the warranty conditions also remains applicable during liability claims.
12. Termination
12.1 Complete or partial termination of the agreement takes place via a written statement by one of the interested parties. Before the buyer directs a statement of dissolution to the supplier, the buyer first has to deliver a written notice of default to the supplier and grant the supplier a reasonable timeframe to allow the supplier to properly meet his obligations towards the buyer.
12.2 The buyer does not have the right to partially or fully terminate the agreement or postpone his obligations in case the buyer himself was already in default on his own obligations.
12.3 In case the supplier agrees with the termination of the agreement without there being default from the supplier´s side, the supplier has the right to all incurred financial losses such as costs, lost profits and costs related to determining the level of damage(s) and liability.
12.4 In case of partial termination, to the extent permitted by the law, the buyer cannot claim nullification of already performed services and the supplier is fully entitled to compensation for these services. Partial termination does not diminish the supplier’s right to undo its services and request damages.
13. Disputes
13.1 Dutch law is applicable on all transactions between the supplier and buyer even when an agreement is fully or partially transacted outside of the Netherlands or in case the buying party resides abroad. The terms and conditions set out in the Vienna Convention do not apply.
13.2 The judge closest to the company location of the supplier (arrondissement Maastricht) will preside over any disputes unless they fall under the “kantonrechter’s” jurisdiction. The supplier remains entitled to summon the buyer before an appointed judge of the supplier’s choosing.
13.3 Supplier and buyer will only go to court when they did everything in their power to settle the dispute through mutual agreement.14. Location and amendments
14.1 These terms and conditions are deposited at the Chamber of Commerce of Limburg, location Maastricht (The Netherlands).14.2 Only the Latest version of this document remains c.q.the version that was applicable during the time of the transaction.14.3 The dutch text of the General tems and Condition is always leading for their interpretation Venlo,Dezember 2015