General sales, delivery, repair and payment terms for Aqua licious
Article 1 General
1.1 These conditions apply to any offer, tender and agreement between Aqua-licious and a client, provided that these conditions have not been expressly and in writing.
1.2 If one or more provisions in these conditions are or destroyed in whole or partially at any time, the other clauses in these conditions shall continue to apply in full.
Article 2 Offers, offers and agreements
2.1 All offers and offers, regardless of how they are made, are non-committal in nature.
2.2 Aqua-licious cannot be kept to its offers or offers if the client can reasonably understand that they, or part of it, contain an apparent mistake or deregistration.
Article 3 Price
3.1 Price statements are always made on the basis of the cost factors in force at the time of the purchase and/or contract such as raw material prices, repair rates, excise duties, etc., and apply to shop or workshop.
3.2 If, after the date of conclusion of the agreement, one or more cost factors undergo an increase - even if it is foreseeable under foreseeable circumstances, Aqua licious is entitled to increase the agreed price accordingly. Aqua-licious will inform the client of this.
Article 4 Payment
4.1 The amount due to Aqua-licious shall be paid to Aqua licious upon delivery or after the provision of the services, unless otherwise agreed.
4.2 All payments must be made in the store or on an account account to be identified by Aqua-licious based on an invoice.
4.3 If the client does not pay within the agreed deadline, he shall be deemed to be in default by law and Aqua-licious has the right to charge him an interest rate of 4% above the Dutch Bank's court and extrajudicial costs from the expiry date and also to charge all judicial and extrajudicial costs arising from the collection of his claim.
Article 5 Delivery
5.1 Delivery is made by making the goods available in the shop or workshop or at the agreed location. The cost and risk of shipping to the principal/buyer who resides or sits abroad of goods purchased in an Aqua-licious store are at the expense and risk of Aqua-licious
5.2 The product applies as delivered as delivered in respect of the delivery time, when it is available for transfer of ownership to the client, can be made at least in its power, and is ready, and the client has been informed.
5.3 The specified delivery times are indicative and can be adjusted in the interim. Overrun of the delivery time does not result in Aqua-licious being in default from the right. This requires a further default. Some overrun of the delivery time does not entitle the client to compensation or dissolution of the contract.
Article 6 Risk and ownership transition
6.1 The risk of loss, direct or indirect damage or impairment for delivered goods shall pass on the client if and once the goods have been made available to the client and the product is considered supplied within the meaning of Article 5(1).
6.2 Without prejudice to the contract(s) laid down in the previous paragraph and article 5(1), the ownership of the product shall first be transferred to the client when the client has fully fulfilled all obligations from the agreement concluded with Aqua licious(s) and all he owes to Aqua licious in that context, including interest and costs, has fully complied with Aqua licious.
Article 7 Reclamering en garantie
7.1 Client must thoroughly inspect the delivered for defects when the goods are made available to him.
7.2 Advertising of visible defects shall be justified by e without delay after discovery, but not later than 14 days after the actual transfer of the case.
7.3 Advertising of non-visible defects shall be carried out without delay after discovery, but not later than 14 days after the expiry of the guarantee period referred to in paragraph 6.
7 .4 If the client has not made his complaints to Aqua-licious known within the time limits mentioned, any claim against Aqua licious in the relevant defects will not be voided and the client will no longer be entitled to recovery, replacement or compensation. Legal action in this area should be brought to a penalty of expiry within one year of timely advertising.
7.5 Client must allow Aqua-licious to investigate a complaint filed.
7.6 Without prejudice to the restrictions set below, Aqua licious shall be in both the soundness of the product supplied by Aqua-licious and for the quality of the material used therein, for a period of 6 months after delivery in accordance with Article 5(1), unless a different period has been explicitly agreed on the basis of the supplier/manufacturer's conditions in force, and excluding visible defects.
7.7 In any event, there are any defects which occur in or in whole or in part the result of:
- non-compliance by purchaser of operating rules or incorrect, and/or injudicious use and/or other than the planned normal use,
- normal wear and tear,
- not correct or not correct and/or not carried out in a timely manner,
- assembly/installation or repair by third parties, including the client,
- the application of any public regulation on the nature or quality of the materials applied,
- materials used in consultation with the client and business,
- materials or items provided by client to Aqua-licious for processing,
- materials, business, practices and constructions, applied to express instruction of the client, as well as materials and business provided by or on behalf of the client,
- third-party Aqua-licious components concerned, provided that the third party has not provided a guarantee to Aqua licious.
7.8 Guarantee of goods delivered shall never extend beyond the guarantee provided by the producer or supplier of the goods (factory guarantee).
7.9 If the client does not, does not comply properly or not in a timely manner with any obligation, which results for him from the agreement concluded with Aqua-licious or from a related agreement, Aqua-licious is not required in respect of any guarantee agreements .
Article 8 Liability
8 .1 Aqua licious liability is limited to compliance with the guarantee obligations set out in Article 7 of these conditions. Aqua-licious is therefore also not liable for damage or loss, for whatever cause, of products, raw materials, models and other matters made available by the client.
8.2 Barring gross debt on the side of Aqua-licious and, subject to paragraph 1, all aqua licious liability, such as for indirect damage and damage caused by liability to third parties, shall be excluded. This exclusion will not be able to be called upon if, where appropriate, such an appeal led to an unacceptable result by standards of reasonableness and fairness.
8.3 If Aqua-licious is liable despite the above liability exclusions, aqua licious licious's licious licious vis-à-vis client is limited to the amount actually paid out under the company liability insurance concluded by it, plus the amount of the excess applicable under the insurance. If, for any reason, no payment is made under the liability insurance, aqua licious licious's licious to the client is limited to the invoice value of the agreement paid, at least to that part of the agreement to which liability relates.
Article 9 Information and intellectual property provided
9.1 In catalogues, images, drawings, tailor-made and weight statements and such data mentioned, they aim to give only a general representation of the matter. No rights may be derived from this information unless they are expressly included in an agreement concluded by the parties.
9.2 Aqua-licious reserves all intellectual property rights on all designs, images, drawings, calculations and models manufactured or provided by Aqua licious, regardless of whether charges have been charged. Multiples, disclosure and copying by client are only allowed after written permission from Aqua-licious.
Article 10 Force majeure
10.1 If Aqua-licious cannot reasonably or temporarily fail to comply with the agreement due to force majeure, Aqua-licious is not liable for damages caused by the client.
10.2 Under force majeure, it is also understood: any circumstance outside the sphere of influence of Aqua-licious - even if it was already foreseeable at the time of the agreement - prevents compliance with the agreement permanently or temporarily, and, provided that it does not include, war, war, war, war, war danger, rioting, fire and other serious disturbances in the aqua-licious company or its suppliers, natural phenomena which means that the contract cannot or cannot be carried out in a timely manner, such as storm, flooding and severe severe weather; serious traffic stagnation and other traffic barriers in transport; accidents and strikes.
Article 11 Applicable law and disputes
11.1 All offers, quotations and/or agreements Aqua-licious and the resulting rights and obligations apply To All offers, quotations and/or agreements Aqua-licious and the resulting rights and obligations.
1.2 In the case of disputes relating to offers, tenders and/or agreements with Aqua licious,or resulting from them, unless a mandatory provision opposes it, the court in the district in which Aqua-licious is located shall be competent, where appropriate.