General

of H & S Speed Equipment V.O.F., based and office-holding in Sevenum on the Deckersgoedtweg No. 5.

Article 1: General

The following provisions apply to all activities of H&S Speed Equipment V.O.F. – hereinafter referred to as H & S – for the benefit of clients as well as to any sale and delivery of items by H&S.
Provisions of any purchasing conditions of the client, in so far as they are contrary to the terms of these terms, do not apply to the agreements concluded with H&S.

Article 2: Quotations and order confirmations

Unless otherwise specified, all offers are non-binding. H & S is bound to a tender only after it has accepted a contract or order in writing, or has shown acceptance of the contract at the beginning of its execution.
Any inaccuracies in order confirmations or other writings of H & S shall be made known in writing to H & S within 8 days of the date of these writings.

Article 3: Delivery time

Delivery time shall mean the period specified in the contract within which deliveries must be made, or the work to be carried out by H & S.
The delivery time shall start as soon as all the information necessary for the performance of the contract is in possession of H&S and the payment, provided that it is to be made by contract, or is provided by the client with sufficient security for the fulfilment of his obligations.
Exceeding the delivery time caused by force majeure does not entitle either party to compensation. Force majeure means any circumstances which reasonably prevent the fulfilment of the agreement, such as war, unrest, fire, non- or untimely delivery of business to H &S by third parties, nuclear reactions, export bans or other government measures.
In case of force majeure, H & S is obliged to immediately notify the client, who in turn is entitled to cancel the order in writing, but under the obligation to reimburse H &S immediately and suddenly the part of the contract executed or the items already delivered.

Article 4: Payment

All contracts relating to the supply of business or carrying out work shall be carried out under the condition of payment on delivery or payment within 14 days of the date of invoice, unless otherwise agreed in writing.
If the client does not pay within the agreed time limit, he is omissiond by that single fact and he is liable for an interest rate of 1% per month or the statutory trading interest rate, if higher, from the expiry date of the invoice.
Expenses of returns or receipts, protests, judicial collection or other costs for non-time payment will be borne by the client, with the extrajudicial collection costs being charged at 15% of h&s’s outstanding billu(s).

Article 5: Reservation of ownership

Until the full payment of the items delivered, H & S will remain the owner of them, provided that they are not supplied to third parties.
The client is not authorized to pledge the business to third parties for payment or to transfer ownership of them in accordance with his normal business. In the case of a violation, the purchase price will immediately become fully available.
If the client remains negligent in receiving or collecting items ordered and purchased by him, within one month of H & S informing him that the items are at his disposal, H & S has the right to sell those items in public and to recover its claim from the proceeds of the sale. , without prejudice to H & S’ right to hold the client liable for payment of possible damages, in so far as it exceeds the proceeds of the business.

Article 6: Risk and Liability

H&S is not liable for damages that the client may experience as a result of or as a result of H&S’s action, unless H&S can be blamed for intent or gross negligence.
The client exempts H & S for all claims for damages by third parties, which the latter could bring against H & S on the basis of any action or omission of persons designated by H&S in connection with the performance of any contract or fulfilling any obligation to provide the client.
Once the items to be delivered to the client have been delivered, the client bears the liability for all risks and harms, of any kind, which may occur to these matters, such as theft, fire, water damage, molest or damage, without prejudice to the authority of the client to demonstrate that this is the result of gross negligence on the part of H&S.
If H & S were to be liable under the previous paragraphs of this Article, the damage to be reimbursed by H & S shall not exceed the amount received by H & S for the activities or items in question, at least for that part of the work/supplies to which the liability relates.
H&S is never responsible and liable for any damage to the client or third parties, if such damage results from the use of data provided to H & S by or on behalf of the client, or if this damage is the result of work by third parties. Nor is H & S liable for damages if it results from the use of materials prescribed by the client.

Article 7: Advertising and guarantee

Advertisements concerning defects in goods or activities carried out must be made known in writing to H & S within eight days of the delivery date.
Advertisements do not give the client the right to suspend payment of the claim.
The work done by H & S and the soundness of the materials supplied shall be guaranteed in accordance with the so-called factory guarantee, unless otherwise agreed in writing. As long as the client has not fully fulfilled his obligations to H & S under the agreement concluded between the parties, H & S is not required to replace materials or business or to carry out repairs.
H&S’s satisfaction with its guarantee obligations is the only and overall compensation.

Article 8: Disputes

With regard to agreements as referred to in these conditions, the parties declare that they submit to Dutch law, regardless of the place of delivery or execution of work.
H&S is entitled at all times, by way of derogation from the normal rules of relative competence, to submit any disputes to the competent court in place of the establishment of H&S.