GENERAL TERMS AND CONDITIONS OF TRADE UNDERTAKING MVM VOF
GENERAL TERMS AND CONDITIONS OF THE TRADE UNDERTAKING MVM VOF
Terms and Conditions
From: Handelsonderneming MvM VOF
Located in: Noordhoek at Bisschop Hopmansstraat 50.
In these conditions, MvM refers to Handelsonderneming MvM
Applicability of these conditions
These general terms and conditions apply to all offers and agreements in which MvM is involved as a party, unless the parties have explicitly agreed otherwise in writing or it appears otherwise that the parties have set aside these general terms and conditions in whole or in part. Any purchase or other conditions of the customer do not apply, unless they have been explicitly accepted by MvM in writing.
Offers and quotes
The offers and quotations made by MvM are without obligation and valid for 14 days after date, unless stated otherwise. An agreement is only concluded when the customer has returned the quotation for approval and MvM has confirmed the order to the customer. An agreement is also concluded when MvM executes a quotation or offer returned by the customer.
Unless explicitly stated otherwise, all goods offered and quoted are used goods and not new ones. Offers and quotations with regard to used goods are made subject to the resolutive condition that these goods are still in full possession of MvM at the time of delivery. If the offered or quoted goods at the time of delivery have been wholly or partially destroyed or incomplete, sold and delivered to a third party, MvM is entitled to dissolve the agreement by means of a written statement addressed to the customer, without MvM being obliged to pay compensation. of any form of compensation. If MvM terminates the agreement, it is obliged to pay back to the customer what he may have paid as advance payment.
Announcements about the year of construction and other details or delivered goods are made to the best of our knowledge, without MvM being able to guarantee the correctness thereof.
Price and payment
Unless stated otherwise, the prices stated in a quotation or offer are stated in Euros and exclusive of turnover tax, transport costs as well as taxes and levies imposed by the government in respect of the delivery and / or transport.
If the customer is established outside the Netherlands and the costs of transport and insurance are also included in the agreement, the insurance proceeds will replace the items purchased if the items sold are wholly or partially canceled after delivery.
Unless payment has been agreed in advance, a payment term of seven days after the invoice date applies. Payment must be made without set-off or suspension for whatever reason, unless it has been established in law that the customer has a right to compensation or suspension.
Customers located outside the Netherlands must always pay before delivery. MvM is entitled to suspend deliveries as long as the amount owed has not been paid, without being obliged to pay any form of compensation or compensation to the customer. If goods cannot be delivered because the customer does not meet his financial obligations, MvM will store the goods at the expense and risk of the customer. The costs of storage are entirely at the expense of the client.
If the customer fails to purchase or pay after a reminder and summons, MvM is entitled to dissolve the agreement and to sell and / or rent and / or deliver the goods to a third party. The costs and / or loss of profit involved in this are fully for the account of the customer. MvM is entitled to compensate these costs and / or loss of profit with everything it has in its possession from the customer, regardless of the destination of the amounts received.
If the customer is unable to meet its financial obligations, MvM is entitled to demand security from the customer both before and after delivery. If the security required by MvM is not provided or not provided in time, it is entitled to suspend its obligations under the agreement or to dissolve the agreement. All damage and loss of profit resulting from this for MvM will be fully for the account of the customer.
If the customer does not object to an invoice within thirty days of the invoice date, it will be deemed to have been accepted by the customer.
If the customer remains in default of fulfilling his obligations despite a reminder, MvM is entitled to suspend the fulfillment of its obligations, without the obligations of the customer being suspended.
If payment in installments has been agreed between the parties, the customer must provide MvM with a direct debit authorization. If a direct debit is canceled or refused, the customer is immediately and without further notice of default in default. In the event of late payment of installments or reversal, the right to payment in installments will lapse and the customer will immediately owe the (remaining) principal sum.
In the event of late payment, the customer will also owe extrajudicial collection costs and interest in addition to the principal sum. The interest is equal to the legal interest and is due from the due date of the principal on the basis of the previous article. The extrajudicial collection costs are fixed at 15% of the principal sum, with a minimum of € 250 per unpaid invoice.
All goods delivered by MvM remain its property until they have been paid in full by the customer. Payments are first deducted from (collection) costs, loss of profit and interest and only then serve as a deduction from the principal sum. If a multitude of goods has been delivered in a transaction, the ownership of all goods delivered together will only pass to the customer when the invoice for the entire delivery has been paid in full.
Unless otherwise agreed, delivery is ex workshop MvM. From the moment of delivery or delivery, the goods are fully at the risk of the buyer.
The customer is obliged to accept the purchased goods at the time they are delivered to him or at the time when they are made available to him in accordance with the agreement.
If the customer refuses or fails to provide information or instructions necessary for the delivery, the goods will be stored at the expense and risk of the customer. In that case, the customer will owe all additional costs, including in any case storage costs. All this does not affect the obligation to pay the agreed purchase price, possibly plus interest and costs.
If the customer resides outside the Netherlands, the goods are deemed to have been delivered from the moment the goods are delivered to the carrier.
An agreed delivery time is not a deadline, unless explicitly agreed otherwise. In the event of late delivery, the customer must therefore give MvM written notice of default. MvM can only be in default after written notice of default. MvM will not be in default if the non-delivery or late delivery is the result of circumstances that are not at its risk. It is not at the risk of MvM that the object of the agreement is not (no longer) available, regardless of the reason.
MvM is permitted to deliver sold goods in parts, unless a partial delivery has no independent value. If the goods are delivered in parts, MvM is authorized to invoice each part separately.
If agreed, a delivered or rented machine will be installed on location by a technician via MvM at the expense of the buyer / lessee.
The installation is limited to the commissioning and adjustment of the machine. The customer / tenant must ensure that the machine is assembled in the desired location and that all aids, including electricity, etc., are present and mounted in the correct places. MvM is not liable for the lack of necessary aids.
Defects; complaint periods
The goods are sold or rented out straightaway and in the condition in which they are at the time the agreement was concluded. MvM does not guarantee that the items sold or rented meet the quality desired by the customer. If the tenant or customer wishes more certainty about this, he must investigate this at his own expense before concluding the agreement.
Upon delivery, the customer / tenant must investigate whether the delivered goods comply with the agreement. Deviations or defects compared to the time the agreement was concluded must be reported to MvM within two days of delivery. After this period, the right to invoke these defects or deviations expires.
MvM only guarantees that the goods function in accordance with the purpose at the time of delivery.
Customers from both within and outside the Netherlands purchase the goods in the condition they are in upon delivery. Before delivery, the customer must itself (or have it examined) whether the purchased item functions properly. Defects found after delivery are entirely at the expense and risk of the customer.
Rental of goods
If the customer rents goods, the following additional provisions apply.
Unless explicitly stated otherwise, the hired goods are used goods. When making the rented property available, the tenant must immediately inspect the rented property for soundness and completeness. Complaints in this regard will only be honored if a complaint is made to MvM within 24 hours of being made available.
Before the start of the rental agreement, the tenant owes a deposit corresponding to 10% of the value of the rented property, to be determined by MvM. The deposit will be refunded at the end of the rental period and serves as security that the rented property is returned in proper condition. Under no circumstances may the deposit be used to pay any rental period.
The rental price is determined at the start of the lease. If the lease applies for a period longer than one calendar year, MvM is entitled to increase the rent after the expiry of each 12-month period by a percentage that corresponds to the statutory interest at the time that the rent can be revised.
The tenant must always use the rented property with due diligence and is liable for improper use, loss and theft. As far as possible, the tenant must take out insurance against the risks. In the event of loss or theft, the insurance money will replace the rented property and MvM will be subrogated to the rights of the customer vis-à-vis the insurance company in relation to this damage.
If a calamity occurs with the rented property, or if third parties have seized the rented property or otherwise claim onerous rights or claims, the tenant is obliged to immediately inform MvM.
Unless otherwise agreed, the daily maintenance of the rented property is entirely at the expense of the tenant, unless maintenance is required to maintain the rented property. In that case, MvM is entitled to determine the manner in which repairs will take place and if the costs of the repair are disproportionately high in relation to the value of the rented property in the opinion of MvM, MvM is entitled to retrieve the rented property without being obliged to provide a replacement. machine. The lease will then end when the tenant has reported the defect to MvM. During the period that the tenant cannot make use of the rented object as a result of a defect that is at the risk of MvM, he is not entitled to compensation for damage, but only the obligation to pay rent lapses for that period.
At the end of the rental period, the tenant must return the property to the condition as it was delivered, unless the duration of the rental agreement has been such that the tenant cannot reasonably be expected to return the property to the same condition. in that case, the tenant must return the rented property - taking all circumstances into account - in reasonable condition. In the event of a difference of opinion about this, the parties shall appoint a binding advisor among themselves and in the absence of mutual agreement, at the request of the most diligent party requested by the chairman of the chamber of commerce, who will make a binding decision between the parties. The binding advisor also determines which of the parties has to pay the advance and ultimately his full costs.
In the event of premature termination of the lease, the tenant will owe the landlord a fine equal to 50% of the rent due over the remaining term. In the event of liquidation, bankruptcy or moratorium, the rental agreement is deemed to be legally dissolved and the rented property must be returned to MvM immediately, without prejudice to its claims under the concluded rental agreement.
At the end of the tenancy agreement, the tenant must return the rented property to the workshop of MvM.
A shortcoming on the part of MvM cannot be attributed to it if it is in a situation of force majeure. Force majeure includes at least, but is not limited to: - A business disruption or business interruption of any nature, regardless of the cause - Loss or damage to the sold or rented property - Delay or obstruction of the transport of the sold or rented property, as a result of which (timely) delivery to the customer is hindered or made impossible.
In the event of force majeure, MvM has the right, within (3) three weeks after the occurrence of the force majeure situation, to choose the right to either change the term of completion or delivery or to dissolve the agreement extrajudicially without any obligation to pay compensation for damage and / or loss of profit.
Changes to the conditions
MvM is authorized to make changes to these conditions. These changes take effect on the announced date of entry into force. MvM will send the amended conditions to the other party. If no effective date has been communicated, changes will take effect for the other party as soon as it has been notified of the change.
Governing Law and Disputes
All agreements between MvM and contracting parties are governed by Dutch law.
Unless otherwise stipulated in this respect, all disputes must be brought before the competent court in the jurisdiction where MvM is located.
The applicability of the Vienna Sales Convention is explicitly excluded