Delivery and Payment General Terms and Conditions (B2B / Business).
Art. 1 Applicability Conditions
1.1 The general conditions apply to all offers from the seller to the buyer and deliveries subject to changes, both parties expressly agree in writing.
1.2 Agreements and commitments, whether or not different from those sales made by personnel of the seller are first compared to the latter effect, if he has expressly confirmed in writing.
Art. 2 Delivery
2.1 Delivery shall be effected by the coming of affairs. In the power of the other party From delivery are at the risk of the other party, even if the property has not yet passed.
2.2 will be by the Seller stated delivery times never be regarded as deadlines, unless otherwise expressly agreed. In late delivery should be seller of default, which the Seller a reasonable period of at least 14 days is given to the provision as yet.
Art. 3 Complaints
3.1 Complaints concerning visible defects must be submitted no later than three working days after receipt of the goods delivered. Complaints concerning hidden defects should be expected to discover the latest within eight days after discovery of the defect or reasonably be made. The possibility of a claim relating to hidden defects shall expire one year after receipt of the goods delivered.
3.2 Complaints do not relieve the buyer of the payment within the agreed, specified in the sales period.
3.3 Returns and cancellations may be made only with the consent of the seller, possibly at a remuneration to be determined.
Only within 4 hours after ordering, cancellations can be accepted. We charge 20% of the total order value when an order is cancelled. After 4 hours your order is processed and collected in our external warehouse, transport is booked and costs have been made. Transport costs and payment costs will not be credited.
Products can be returned within 48 hours of receipt. Please check your product immediately upon receipt. Do not accept the shipment when damaged. Transport costs and payment costs will not be credited.
We advise you to look carefully at the product dimensions, voltage and other specifications before placing an order. In cause of doubt, do not hesitate to contact us via e-mail, chat or telephone. We are at your disposal.
Art. 4 Liability
4.1 Seller is regarding a shortcoming in the fulfillment of its obligations or in tort, liable only if and insofar as this is covered by liability insurance for Businesses and Professions, to the payment made by the insurer. If the insurer does not pay out if the damage is not covered by insurance, the liability is limited to the invoice amount.
4.2 Liability for damage caused by delay in delivery, lost profits, business interruption loss and other consequential damages is excluded.
4.3 The limitations of the seller's liability included in these conditions do not apply if the damage is caused by intent or gross negligence by directors or executive subordinates.
Art. 5 Price Increases
If one or more cost factors are increased after the date of conclusion of the contract, the seller is entitled to increase the agreed price accordingly.
With an increase of more than 15% of the originally agreed price, the buyer has the right to terminate the agreement. Pricing, typesetting and printing errors reserved.
Art. 6 Retention of title and right of Advertising
6.1 Seller shall retain title to all goods delivered to the other party and to be delivered until the purchase price of these goods has been paid. The retention of title also applies to claims against the other party may obtain seller because attributable failure to perform any of its obligations to seller.
6.2 On delivered goods which have passed through payment property of the other party and still in the hands of the other party, Seller hereby reserves now for then the pledges referred to in Article 3: 237 BW as security for claims, other than those listed in paragraph 1 of this Article, seller on any account whatsoever should have against the other party.
6.3 The goods delivered may be the event of late payment by the buyer immediately recovered by the seller without prior notification and / or notice of default.
Art. 7 Payments
7.1 Payments must be made within 30 days after invoice date appearance. Then an interest rate of 1% per month, is valid from date of invoice on the outstanding amount.
7.2 Collection Charges and return charges of receipts and bills of exchange shall be borne by the buyer.
Art. 8 Collection Costs
8.1 If the buyer is in default or fails to fulfill any of its obligations, all reasonable costs incurred in obtaining payment out of court on behalf of the buyer. In any case, the buyer is 15% of the invoice amount with a minimum of € 45.38. If the seller proves to have incurred higher costs, which were reasonably necessary, shall also qualify for reimbursement.
8.2 The buyer against the seller incurred by the seller court costs in all instances, unless they are unreasonably high. This only applies if the seller and the buyer with respect to an agreement to which these general conditions apply institute legal proceedings and a court decision becomes final and is / where the buyer is fully or predominantly in the wrong.
Art. 9 Credit Charges
Seller is entitled to charge, which is not due for payment within 30 days after invoice date. An additional charge related to credit limit of 2%
Art. 10 Appearance new catalog or price list
By the appearance of a new catalog or price list all previous deviating offers expire.
Art. 11 Competent Court
Any dispute between the buyer and seller in case the court has jurisdiction shall be in derogation of the statutory rules governing the jurisdiction of the civil court settled by the court in Dordrecht. Spangenberg International BV however, remains entitled to the buyer for the competent according to the law. sue
As filed with the Chamber of Commerce in Utrecht under number 11060419.
Spangenberg International BV has two forms of warranty:
This type of warranty can be purchased for an additional fee of 5% of the total purchase price. This is only possible at the time of purchase of a new machine.
Your machine is under warranty, free of charge collected, repaired and returned. Large machines are repaired on site. Parts, travel and working hours are not charged. This type of warranty is available only in the Netherlands and Belgium.
This type of warranty is the warranty, as discussed below in Art. 1 till Art. 10.
Art. 1 Defects
Defects in a device which demonstrably a material and / or workmanship can be traced back, by Spangenberg International BV subject to the following conditions (Article 2 t / m 6) repaired free of charge, with the exception of travel costs, labor, travel time and a fee per km (see Art. 7). Defects immediately after discovery and within 12 months - for business use or a similar tax - after delivery to the end user at Spangenberg International BV to be reported.
Art. 2 Conditions
Not under warranty light breakable parts and parts subject to wear. No warranty is made in case of minor deviations from the desired properties, insofar as these are not important for the value and functionality of the device, or in case of damage caused by chemical or electrochemical reaction of water and in the generally as a result of anomalous environmental factors, faulty operation or in contact with substances to which the device is otherwise unable to withstand. A warranty claim is made, nor if the fault of the device can be traced back to improper use, improper maintenance or non-compliance with the use- or assembly instructions. A warranty is void if repairs or interventions are carried out by persons who do not Spangenberg International BV authorized, or if the devices are equipped with spare parts, extensions or accessories other than genuine parts and thereby causes a defect.
Art. 3 Settlement
Guarantee claims are settled in such a way that defective parts are replaced, the item will not be charged, at the discretion of Spangenberg International BV Devices whose transport is reasonable and what is claimed under this warranty warranty should at Spangenberg International BV handed or sent to. A claim on-site repair is only possible when using non-transportable equipment.
Art. 4 Loan
As far as repairs by Spangenberg International BV not reasonably possible, there is a possibility to rent a machine, if it is available. Upon delivery of a replacement device Spangenberg International BV reserves to charge the right to reasonable usage for hitherto enjoyed life. The user fee is per device different, Spangenberg International BV will inform you in advance about this.
Art. 5 Term
Warranty shall not lead to an extension of the warranty and do not constitute the beginning of a new warranty. The warranty period for installed replacement parts ends with the warranty time for the device as a whole.
Art. 6 Entitlement
More extensive or other claims - in particular claims for compensation for damage caused outside the unit - are excluded to the extent that the liability does not arise from statutory provisions of mandatory law.
Art. 7.1 Repair and Service - During business hours (8:30 to 17:00)
Costs of repair on location as a starting point Mijdrecht, Nijverheidsweg 19F and service:
Standard rate of € 95, - excl. VAT for processing time of 3-5 working days.
Belgium and emergency repair € 0.65 excl. VAT per km (calculation based on outward and return journey).
€ 78,50 -. Per hour excluding VAT wages, with a minimum of 0:30 hours.
Costs for repairs in the workshop of the seller and service:
€ 78,50 Per hour excluding VAT wages, with a minimum of 0:30 hours.
The seller can arrange a pick up order for you. The device will be collected from you and possibly returned. The pick-up or shipping costs are calculated in each case.
If transporting the device is possible you may send the unit to the address of the seller; Nijverheidsweg 19F Mijdrecht, Holland.
The unit must be properly packed for transport, the seller is not responsible for any damage caused during transport (see Art. 2.3 General Conditions).
Art. 7.2 Repair and Service - Outside office hours (17:00 to 23:00)
From 17:00 till 21:00 - Cost of Art. 7.1 plus 50%
From 21:00 till 23:00 - Cost of Art. 7.1 plus 75%
Art. 8 Adoption
The parts to be replaced when a warranty claim is concerned, at the discretion of Spangenberg International BV, not charged. In the event that by Spangenberg International BV can not be definitely established that it is guaranteed and this will have to be decided in consultation with the manufacturer, the total cost including the parts to be replaced completely invoiced. If, after consultation with the manufacturer, shows that it is warranty, replacement parts will be credited. Costs for transportation, research and assembly are not covered by warranty
Art. 9 Resale
The merchant, the buyer shall be deemed in case of resale to distributors themselves properly to resolve in this case. Calamities The trader himself has the responsibility to assess an emergency and, if necessary, make a visit to the final user of the machine. The customer is free to contact us for telephone support from the seller. These components must be replaced if parts need to be offered under warranty for review. Otherwise, the parts provided under warranty will be charged. The wearing warranty parts are sent to the merchant so that repair can occur. The technical service of the seller can be activated during emergencies, for the cost, please refer to Article 7.1 and Article 7.2.
This warranty apply to equipment purchased in the Netherlands.
As filed with the Chamber of Commerce in Utrecht under number 11060419.
Maxima Kitchen Equipment
Spangenberg International B.V.
3641 RP Mijdrecht
Amsterdam Area - The Netherlands
T. +31 (0) 297 255 472
E. [email protected]
Vat Number: NL814131049B01
Bank: ABN AMRO