This agreement is made between De Kaper (the company) and the purchaser. Unless otherwise agreed in writing, these conditions shall be the only ones applying to any contract for the supply of goods and services by us to the customer. No substitution for these Terms and Conditions shall be binding on the company.
Alterations to, and cancellations of, orders accepted by the company cannot be made without the companies’ consent in writing. The company reserve the right to charge for any additional costs resulting from such alterations and for any expense incurred before cancellation and for specially adapting goods to the purchasers’ requirements.
METHODS OF CARRIAGE
The company uses a variety of methods to deliver goods such as DHL, GLS , PosNL. Goods are dispatched in accordance with the purchasers’ instructions.
Any time, date or period for delivery contained in any quotation or other document issued by the company is an estimate only. Unless the contract specifically provides to the contrary, the company shall not be liable for any failure to deliver on the time or date or within the period so stated. The delay or non-delivery of goods does not entitle the purchaser to withhold payment. Unless otherwise agreed in writing, the company may in our absolute discretion make delivery by instalments. Each instalment shall be invoiced and paid for separately. All goods (including those supplied on trial, loan or test) are at the purchasers’ risk from the time of delivery until (where appropriate) they are returned to us. Goods cannot be returned for credit unless received faulty, damaged or have been incorrectly sent and are returned within 21 days of receipt. Delivery will be charged at the current rate for the method of delivery selected. In extenuating circumstances it may be possible to return certain items within 7 days subject to a 20% restocking cost.
DAMAGE OR LOSS IN TRANSIT
Unless the company and carriers are notified in writing within seven days of receipt of goods or due delivery date, the company shall not accept any liability for damage or loss in transit. Our liability shall be limited to making good the damage or replacing lost items.
Unless otherwise agreed in writing, the customer shall be deemed to have agreed to purchase goods delivered on trial, which are not returned to the company within two weeks of delivery.
All prices are subject to revision without notice, unless otherwise stated by the company in writing. Prices charged would be those prevailing at date of dispatch. Prices quoted exclude V A T, which will be charged in addition at the rate current at the date of invoicing.
Unless otherwise stated in writing, all charges are strictly nett. Payment shall be made before sending of the goods. If invoices are not settled within such period of thirty days, the company shall be entitled to charge interest thereafter at the rate of 2% above Barclays Bank base rate per month
The property of the goods shall pass to the customer only upon the price being paid in full, and until the property has surpassed, the customer shall not change or dispose of the goods. If the property is not paid for in full in the manner stipulated and on time we shall be at liberty to cancel the contract and remove the goods. Any monies received shall be retained by us for our own use by way of liquidated damages. The purchaser shall be responsible for all risks attracting to the goods and for insuring them from the date of delivery.
Any illustration and/or description of goods appearing in any literature shall be deemed to be for general guidance and information only. They shall not constitute a specification of the goods, nor shall it be deemed to be a term of the contract that the goods shall comply with such illustration or description.
LIMIT OF LIABILITY
Save where liability for death or personal injury arises as a result of negligence or wilful default of the company, the company will not be liable for any accidental or consequential damages resulting from any breach of contract and in any event the companies liability will be limited to the value of the goods purchased pursuant to this agreement.
It is a condition of all sales that at any time upon or after the commission by the buyer of an act of bankruptcy or where the buyer is a limited company the commencement of a winding-up by reason of insolvency or the appointment of receiver/liquidator or any assignment for the benefit of creditors the sale may be cancelled by us wholly or in part by notice in writing
The conditions of this agreement shall be subject to, and construed in accordance with Dutch Law. Any dispute is subject to a ruling of the court in Arnhem, The Netherlands