General Sales, Delivery- and Payment Terms of Tichelaars Koninklijke Makkumer Aardewerk- en Tegelfabriek B.V.
To all agreements concluded with us these general sales, delivery terms exclusively apply – rejecting any buyer conditions- as well as the conditions stated in our applicable price lists.
Article 1 - Delivery Obligation
Quotations are always without obligation and valid for a period of 6 weeks. Obligation to deliver can only arise after an order confirmation by the manufacturer in writing and at the prices and conditions of the day of contract. The buyer can never cancel this order, unless prices have changed. The manufacturer is not liable for damage caused by non-timely delivery. In case of Force Majeure (including: fire, strike, riot, war, technical malfunction, manufacturing difficulties, etc.) the manufacturer no longer has an obligation to deliver.
In case of price changes materials, energy, consumables and other materials required for manufacturing materials required for an order, as well of freight charges, wages, change in currency ratio or similar factors, we have the right to change the agreed prices accordingly. In case of non-, non-timely or incomplete implementation due to Force Majeure, we are never obliged to pay damages.
Article 2 - Special orders
The manufacturer has the right to deliver 5% more or less of the articles manufactured especially for the buyer, than the quantity ordered.
Article 3 - Deliveries
Deliveries are made ex works. The goods are transported at the cost of the purchaser. The risk of damage and/or loss of goods rests with the company until the moment of delivery. With regard to delivery times longer than 30 days without prior agreement, the customer reserves the right to cancel the agreement without incurring any costs.
Article 4 - Right of withdrawal
When purchasing goods, the consumer has the right to cancel the agreement within 7 (seven) days without providing any reason. This period starts on the day the goods are received by the consumer.
During this period the consumer will handle the product and the packaging with care. He will only unpack or use the product as far as is necessary to assess whether he wants to keep the goods. If he wishes to make use of the right of withdrawal he must return the goods to the manufacturer with all the accessories supplied and, if reasonably possible - in the original condition and original packaging, in accordance with the clear and reasonable instructions provided by the manufacturer.
Article 5 - Costs incurred in the event of withdrawal
If the consumer makes use of the right of withdrawal, the costs involved in returning the goods to the manufacturer shall be borne by the consumer.
If the consumer has already paid a certain sum, the manufacturer will reimburse the amount concerned as quickly as possible, but within a maximum of 30 days after the goods have been returned or the consumer's withdrawal.
Article 4- Freight and minimum order charges
The manufacturer has the right to charge agreed freight- and minimum order charges.
Article 7 - Packaging
Packaging and packaging material charges can be billed separately. Wooden and metal packaging is taken back at invoice value, provided that they have been received back by the manufacturer, within one month after shipment, in good condition, postage paid.
Article 8 - Complaints and returns
All claims must be made within 8 days after receipt. Return shipments must occur postage paid and are only permitted after agreement. The breakage risk of return shipments is borne by the buyer. In case of any claim, the buyer remains bound to payment of the invoice amount, without any right to discount or compensation.
Article 9 - Payment
Payment should occur within the term specified by the manufacturer. The manufacturer has the right to require advance payment or to deliver COD in special cases or circumstances.
Article 10 - Collection cost and interest
The buyer who has not paid on the due date, is due interest over the payable amount without any further notice required. The interest runs from the due date to the day
of payment. The interest rate equals the statutory interest plus 1%. All judicial and extra judicial collection cots, the latter being at least 15% of the amount to be claimed, arising as a result of non- or non-timely payment shall be borne by buyer.
Article 11 - Retention
The ownership of the goods will be transferred to the buyer after full payment. The buyer is not entitled to dispose of unpaid goods, to encumber them or to process them in the buyers company other than the way necessary and customary.
If, in any way, buyer fails to fulfill his obligations, we have the right to retrieve the goods.
Article 12 - Industrial and Intellectual Property
Without prior written permission, buyer shall not use trade names, trademarks or logos of the manufacturer, All models, samples and designs created for the buyer an their copyrights remain property of the manufacturer.
Article 13 - Dutch Law
To all agreements of purchase and sale concluded by the manufacturer, Dutch Law exclusively applies.
The General Sales-, Delivery and Payment Terms are registered with the Chamber of Commerce and Industry for Friesland in Leeuwarden and are available on request free of charge.