General Delivery Conditions
Article 1: General
WASTECRAFT: WASTECRAFT is a trade (mark) name of WASTEBOARDS B.V. registered at the Chamber of commerce under nr: 64620468
Client: any natural person or business who buys Goods and/or services or receives Services from WASTECRAFT.
Goods: any item which is produced by WASTECRAFT or her affiliates.
Services: any service which is rendered by WASTECRAFT or her affiliates.
Projects: custom projects for a client.
Agreement: The agreement between WASTECRAFT and Client.
In writing: A written statement also includes an electronic document such as email and fax.
Parties: WASTECRAFT and the Client together.
Article 2: Applicability
These terms and conditions apply to all offers from WASTECRAFT and agreements concluded between WASTECRAFT and the Client. Changes to these general terms and conditions can only be agreed between the parties in writing and only apply to the relevant agreement.
If a provision from these general terms and conditions or from an agreement between WASTECRAFT and the Client is invalid or cannot be applied, this provision will be replaced by a valid provision that corresponds as much as possible to the purport of the void or invalid provision. The other provisions will remain in full force and effect. The applicability of general terms and conditions invoked by the Client is expressly rejected.
WASTECRAFT’s right to engage third parties for the execution of the agreement with the Client does not affect the applicability of these general terms and conditions to the relevant agreement between the parties.
Article 3: Offers / Quotations
Offers from WASTECRAFT lapse no later than fourteen days after receipt and are without obligation for WASTECRAFT. A quotation or offer lapses if the product to which the quotation/offer relates is no longer available in the meantime.
WASTECRAFT cannot be held to its quotations or offers if the Client can reasonably understand that the quotations or offers, or a part thereof, contain an obvious mistakes or error.
Offers from WASTECRAFT can only be accepted by the Client in writing.
After acceptance, WASTECRAFT has the right to revoke its offer within 2 working days after receipt of the acceptance, in which case no agreement has been concluded between the parties.
WASTECRAFT is not obliged to deliver goods and/or services if these goods and/or services have been taken out of production or have lapsed from its sales program for any other reason.
Unless expressly stated otherwise, every offer is based on performance under normal circumstances and during normal working hours applicable at WASTECRAFT.
The prices in offers and quotations are always exclusive of VAT, other levies and any shipping, transport and packaging costs, unless stated otherwise.
A quotation does not oblige WASTECRAFT to deliver part of the goods and/or services included in the offer or quotation for a corresponding part of the stated price. Offers or quotations do not automatically apply to repeat orders.
Article 4 samples, models and examples
If models and samples, etc. are shown or provided by WASTECRAFT as an example, this is presumed to have only been shown or provided by way of indication. Information stated in catalogues, images, drawings, standardization sheets, etc. is indicative.
The examples and details of the goods and/or services to be delivered referred to in the previous paragraph are not binding, except insofar as they are expressly included in an agreement signed by the parties or an order confirmation signed by WASTECRAFT, without prejudice to the Client’s responsibility for information provided by him.
Article 5 Accepting orders
If a Client is in default vis-à-vis WASTECRAFT in the settlement of any agreement, WASTECRAFT is at all times entitled, even after it has executed an order in whole or in part, before proceeding to delivery, to demand from the Client that he provides sufficient security that he will meet his payment obligations.
If an order confirmed by WASTECRAFT, stating the agreed price and delivery time, is canceled by the Client, WASTECRAFT will charge a compensation for costs, provided the cancellation is approved by it.
Article 6: Execution
If and insofar as required for the proper execution of the agreement, WASTECRAFT has the right to have certain activities performed by third parties.
The Client will provide WASTECRAFT with all data reasonably necessary for the execution of the order in a timely manner. In the event of late provision by the Client, WASTECRAFT is entitled to suspend the execution of the order and to charge any costs of delay to the Client. The Client indemnifies WASTECRAFT against any claims from third parties who suffer damage in connection with the execution of the agreement and which are attributable to the Client.
Article 7: Delivery
Part deliveries by WASTECRAFT are permitted, at the discretion of WASTECRAFT. Part deliveries can be invoiced separately.
The delivery times stated in the offer and agreement are approximate and are not strict deadlines. The delivery time specified by WASTECRAFT only commences after all necessary information is in its possession and payment has been received, insofar as this has been agreed.
Exceeding the terms does not entitle the Client to dissolve the agreement concluded between the parties until the Client has given WASTECRAFT written notice of default and has given a reasonable term to still fulfill its obligations.
The Client is obliged to take delivery of the purchased goods and/or services at the time they are delivered or at the time they are made available in accordance with the agreement. If the Client refuses to accept or is negligent in providing information or instructions necessary for the delivery, the goods and/or services will be stored at the Client’s risk. In that case, the Client will owe all additional costs, including in any case storage costs. Delivery also includes agreed partial deliveries.
Goods and/or services are delivered at the time when they have been brought into the actual power of disposal of the Client or of third parties engaged by the Client and are at his risk from that moment on.
If the goods and/or services are shipped with WASTECRAFT’s means of transport or by forwarders working on its behalf, the delivery will take place by offering the goods and/or services on the ground floor of the Client’s address. In that case, the goods and/or services travel at the risk of WASTECRAFT until the moment of delivery.
Unless the goods and/or services are collected by the Client from WASTECRAFT’s warehouse, they will travel by a means of transport customary locally at WASTECRAFT’s choice. If the Client requires a different mode of transport, the additional costs will be for his account.
All goods and/or services are transported at the expense of the Client, unless the freight costs are included in the price.
If a Client refuses to immediately take receipt of the goods and/or services presented to him correctly and undamaged, the resulting freight costs, storage costs, etc. will be for his account.
Article 8: Complaints and Warranty
The Client will inspect the delivered goods and/or services upon delivery or as soon as possible afterwards for numbers and quality. Visible defects or shortcomings must be reported in writing and fully specified to WASTECRAFT within three days after delivery. Non-visible defects or shortcomings must be reported within three weeks of discovery, but no later than three months after delivery.
Complaints do not suspend the Client’s payment obligation. Return of the delivered goods and/or services is only possible after written permission from WASTECRAFT.
WASTECRAFT does not guarantee that the goods and/or services to be delivered meet the usual requirements and standards that can be set for them, given the fact that WASTECRAFT works with recycled material. However WASTECRAFT guarantees to the best of it knowledge and capability the functioning of the goods and/or services.
In any case, the warranty does not cover defects that occur in or are wholly or partly the result of:
non-observance by the Client of operating requirements/or maintenance instructions or other than normal use;
normal wear and discoloration;
assembly/installation or repair by third parties, including the Client;
the application of any government regulation regarding the nature or quality of the materials used;
used materials or goods and/or services respectively used in consultation with the Client;
materials or items provided by the Client to WASTECRAFT for processing;
materials, items, working methods and constructions, insofar as applied on the express instruction of the Client, as well as materials and items supplied by or on behalf of the Client;
parts purchased by WASTECRAFT from third parties, insofar as the third party has not provided a guarantee to WASTECRAFT.
If the Client does not, not properly or not in time, fulfill any obligation arising for it from the agreement concluded with WASTECRAFT or from a related agreement, WASTECRAFT is not obliged to provide any guarantee with regard to any of these agreements.
If WASTECRAFT replaces parts/items in order to comply with its warranty obligations, the replaced parts/items become its property.
In the case of complaints, WASTECRAFT collects the goods and/or services in question from the client and delivers them to the client after repair.
Article 9: Prices
Quotations are exclusive of VAT and other levies imposed by the government.
If the delivery is postponed or accelerated at the request of the Client, WASTECRAFT is entitled to compensation for the costs arising for it from this postponement or from this acceleration.
WASTECRAFT is entitled to adjust its prices to significant changes in price-determining factors, such as the prices of wages, raw materials and transport, if more than two months have passed between the offer and the delivery or payment. It is entitled to immediately implement price increases as a result of statutory regulations.
WASTECRAFT may pass on price increases to the Client if significant price changes have occurred between the time of the offer and the execution of the agreement, but only if these price increases occur within three months after the conclusion of the agreement.
The prices charged by WASTECRAFT are always exclusive of VAT, other levies and any administration, shipping, transport and packaging costs, unless explicitly stated otherwise.
Article 10: Payment Clients
When ordering items and or services: 50% is paid in advance, remaining 50% immediately after delivery.
Projects: Deposit 75%% upon order placement and the rest upon delivery.
Processing of the order only starts after receipt of the first payment, which must be credited to the indicated bank account of WASTECRAFT within 5 days of the invoice date.
In the absence of timely payment, the Client is legally in default and owes default interest of 1.5% per month entered from the due date of the (partial) invoice.
The extrajudicial (collection) costs to be incurred by WASTECRAFT will be reimbursed by the Client. These costs are fixed at 15% of the amount owed, whereby WASTECRAFT reserves the right to claim costs actually incurred.
Payments made by the Client first serve to settle all interest and costs and then to settle the longest outstanding invoices due, even if the Client states that this payment relates to a later invoice.
If and insofar as according to the Client there are defects in a delivered item, he is not entitled to refuse payment or to suspend his payment obligation with regard to items from the same consignment or delivery about which no complaints have been made.
In the event of liquidation, bankruptcy, attachment or suspension of payment of the Client, WASTECRAFT’s claims against the Client are immediately due and payable.
WASTECRAFT reserves the right, after consultation with the Client, to deliver the order in parts and to invoice these partial deliveries.
All payments must be made to WASTECRAFT in Euros.
WASTECRAFT reserves the right to block orders until previously delivered orders have been paid.
Article 11: Retention of title
All goods and/or services/or projects delivered by WASTECRAFT remain the property of WASTECRAFT until the Client has fulfilled all obligations under all agreements concluded with WASTECRAFT. The Client is not authorized to pledge or otherwise encumber the items subject to retention of title.
The Client undertakes to insure and keep insured goods and/or services or projects delivered subject to retention of title against damage and theft.
Article 12: Liability
Liability for direct damage is limited to a maximum of the compensation charged to the Client for the defective item, with a maximum of five hundred euros. Liability for indirect damage is excluded.
WASTECRAFT is not liable for violation of the rights of third parties as a result of the use of data and items provided by or on behalf of the Client.
WASTECRAFT is not liable for advice provided or yet to be provided, unless this has been or will be the explicit subject of a written advice agreement.
Article 13: Intellectual property
The Client is not permitted to perform acts that conflict with the trade name, brand name or other intellectual property rights of WASTECRAFT, regardless of whether they are registered.
The Client is obliged to use the marks used by WASTECRAFT. He is not allowed to remove or change any marking from the products or to apply his own markings to the products without written permission from WASTECRAFT.
The intellectual property rights to advice, drawings, script, images and descriptions provided by WASTECRAFT and the data regarding the manufacturing and/or construction methods used by WASTECRAFT are always reserved to WASTECRAFT. They may not be copied, disclosed or used in whole or in part, nor made available to third parties without the express permission of WASTECRAFT.
Article 14: Force majeure
If WASTECRAFT is unable to fulfill its obligations under the agreement towards the Client due to force majeure, the Client is not entitled to suspend its obligations under other agreements.
If the force majeure situation has lasted at least 3 months, each of the parties can dissolve the agreement concerned to which those obligations relate, or the part thereof that has not been performed, respectively, without WASTECRAFT being liable for compensation.
Force majeure is understood to mean circumstances with regard to materials and/or persons and/or suppliers that WASTECRAFT uses or tends to use in the execution of the agreement, which are of such a nature that the execution of the agreement is therefore impossible, or to such an extent. it becomes difficult and/or disproportionately expensive that fulfillment of the agreement can no longer or immediately be required of WASTECRAFT. Examples of such circumstances are (not exhaustively): war and comparable situations, government measures, strikes, obstacles by third parties, technical complications unforeseen by the parties, the circumstance that WASTECRAFT performs an important performance in connection with a performance, is not delivered, not delivered on time or not properly.
Government measures pertaining public health and other governmental regulations blocking the performance of WASTECRAFT fall explicitly under the scope of force majeure.
Article 15 suspension, dissolution
If the Client does not, not properly or not timely comply with any obligation arising from an agreement concluded with WASTECRAFT, or if it is subject to serious doubts as to whether the Client is able to fulfill its contractual obligations towards WASTECRAFT, WASTECRAFT is entitled, without notice of default or judicial intervention, or to suspend the execution of any agreement concluded with the Client, or to dissolve it in whole or in part, without it being obliged to pay any compensation and without prejudice to its further rights. All payments owed by the Client will then become immediately due and payable.
Article 16: Risk transfer
The risk of loss or damage to the products that are the subject of the agreement transfers to the Client the moment they are brought under the control of the Client or of (a) third party(ies) designated by the Client.
Article 17: Disputes
The parties will only appeal to the court after they have made every effort to settle a dispute in mutual consultation.
Disputes between WASTECRAFT and the Client that arise directly or indirectly from an agreement between them will be settled, to the exclusion of any other court, in the first instance by the competent court in Amsterdam.
Dutch law applies to every agreement between WASTECRAFT and the Client. The Vienna Sales Convention (United Nations Convention on the International Sale of Goods and/or services, abbreviated CISG) is expressly excluded.