General terms and conditions that apply to Rocbo.nlArticle 1 - General
184.108.40.206 Rocbo Boortechniek B.V. will be designated in these general sales and supply conditions as: "seller".
220.127.116.11 The contracting party of the seller will be designated in these general sales and delivery conditions as: "buyer".
18.104.22.168 With regard to these general sales and delivery conditions, supplier will also act as: "supplier".
22.214.171.124 If there is mention of a buyer in these general sales and delivery conditions, this should also be read as "customer", at least any party that has committed itself to the seller in any way.
126.96.36.199 The products that are offered and supplied by seller are intended for professional users within an operational user environment. The transactions between seller and buyer are thus regarded as being closed between businesses. Consumers/users at home are however able to buy products on rocbo.nl. The current General Terms and Conditions apply to all transactions between consumers/users at home and seller. By accepting these conditions consumers give up specific rights regarding distant buying that apply to consumers.
Article 2 - Applicability of these conditions
188.8.131.52 The general terms and conditions are part of and/or apply to all the offers, announcements and contracts made by seller. The general terms and conditions of the buyer are only in effect as far as they are not in conflict with the prevailing conditions. In case of doubt regarding the question whether such conflict is present, the general terms and conditions of the seller prevail.
184.108.40.206 Deviations from the applicability of these conditions will only be in force if they were agreed on in writing by the seller and the buyer.
220.127.116.11 In case one or multiple stipulations in these conditions might be proven to be invalid, the legal effect of the other stipulations will remain unaffected.
Article 3 - Orders/quotes/deliveries/price
18.104.22.168 The prices stated by the seller concern the ex-works prices and are excluding VAT, unless explicitly indicated otherwise.
22.214.171.124 Prices and / or discounts stated in publications can be changed at any time without prior notice.
126.96.36.199 All special offers of the seller are free of obligations especially with regard to the delivery time, pricing, deliverability and execution, unless otherwise agreed to in writing. Every quotation is based on the prices at the time of the quotation. Should it be the case that these undergo changes after said moment, the seller reserves the right to adjust the prices afterwards according to reason; especially in the event of a possible raise of duties and excises, in case the supply company carries through a price increase or in case the exchange rates change. In the event that the original price is raised by more than twenty percent, the buyer has the right to annul the contract. The annulment has to take place in writing within 5 business days after the seller notified the buyer of the price increase.
188.8.131.52 Every order has to be accompanied by sufficient and accurate information in order to enable the seller to immediately start executing the order.
Article 4 - Payment
184.108.40.206 Payment on the website has to be made by using one of the offered payment methods. Seller reserves the right to make changes to the offered payment methods from time to time. Seller reserves the right to offer certain payment methods to some customers and not to other customers. As an alternative to payment through the website there is the option to have something sent C.O.D..
220.127.116.11 In case the buyer opts for payment by standing order the following applies: In case a (non-recurrent) standing order is not possible and / or is transferred back, the buyer will be immediately notified of this. The buyer will be charged an administrative fee of € 10.00 for this reminder while a term of payment of 7 days is granted. In case of non-payment the buyer will be sent notice with a delivery notice of interest and extrajudicial costs. The payment term after receiving notice is 5 business days.
18.104.22.168 In case the buyer is promised an invoice with a payment term prior to the purchase he is obligated to pay the owed amount within the set term. Payment can take place either at the office of the seller or can be transferred to a bank account designated by him.
22.214.171.124 Mailed invoices, reminders and notices are assumed to be received by the buyer and kept without objection, in case the buyer has not objected to the seller regarding the relevant invoice, reminder or notice in writing by registered mail within 7 business day after the invoice date. Buyer himself is bound to notify the seller of changes of address. Until the moment the address change has been reported, the seller is entitled to continue with the address that is stated on the fax order.
126.96.36.199 In case of overdue payment of an invoice that was kept without objection, the buyer is bound to compensate the seller with a delay interest of 1% per month of the outstanding amount, the right of the seller to claim further damages remains undiminished. A part of a month is considered as a whole month.
188.8.131.52 If the seller takes extrajudicial measures in case of a shortcoming of the buyer concerning the obligation, these measures will be at the expense of the buyer. The extrajudicial costs amount to 15% of the total outstanding amount with a minimum of € 250.00.
Article 5 - Delivery time and delivery
184.108.40.206 All delivery times stated by seller in offers, quotations, confirmations and / or contracts are to the best knowledge and will be complied with if possible, however they cannot be accepted as binding, and exceeding them is no grounds for annulment of the contract, neither for cancellation.
220.127.116.11 Seller is in no case liable for damages, costs or losses suffered by the buyer or third parties as a result of failing to deliver products or failing to deliver them on time.
Article 6 - Shipping
18.104.22.168 The shipment of items bought from the seller by the buyer is organized by the seller, without the seller accepting any responsibility for the choice of the (means of) shipment. The shipping costs are at the expense of the buyer.
22.214.171.124 During shipment the seller only bears liability for damage during the shipment. Other risks have to be insured by the buyer himself.
126.96.36.199 In case shipment of items can not take place due to circumstances beyond the control of the seller, the seller is entitled to keep the items in storage at buyer's risk, the right to claim payment from the buyer remains undiminished.
188.8.131.52 Also in case the buyer does not accept the items shipped by the seller, these will be stored at buyer's risk in the storage facility of the seller. In case the buyer does not claim the items within the set term, the seller is entitled to annul the agreement, under the obligation of the buyer to pay the costs of storage as well as the entire selling price of the items to the seller.
Article 7 - Claims
184.108.40.206 Items delivered by the seller have to be checked by the buyer immediately after receipt. If there is no claim regarding the delivery immediately after receipt, the quantities stated on the freight notes, delivery notes, or similar documents are acknowledged as being correct.
220.127.116.11 Externally visible deficiencies have to be reported by the buyer to the seller in writing as soon as possible, however at the latest within 5 business days after receipt of the delivered items; in failing to do so, it is assumed that the buyer has accepted the delivery.
18.104.22.168 In case the items are altered in nature and/or composition, in part or as a whole, or are partly damaged or re-packaged, claims cannot be taken into consideration.
22.214.171.124 Return shipments will only be accepted after prior consultation with the seller. If the shipment is returned unstamped the seller reserves the right to charge these costs to the buyer or to refuse acceptance of the package.
126.96.36.199 In case the claim is found valid by the seller, the seller can choose to repair or replace the items the claim concerns or to reimburse the buyer for the buying price paid by him, with the exclusion of any other entitlement to compensation of the buyer.
188.8.131.52 Filing a claim will never release the buyer from his payment obligations.
Article 8 - Warrantee
184.108.40.206 The seller provides a manufacturer's warrantee for the items delivered by him to the buyer. Seller is thereby only obligated to replace the delivered items free of charge.
220.127.116.11 Seller considers himself released from his warrantee obligation, in case the buyer has a third party perform repairs on the delivered item or performs the repairs himself without the consent of the seller.
Article 9 - Non-attributable shortcoming
18.104.22.168 Seller does not accept responsibility in case he cannot fulfil his obligations due to non-attributable shortcomings.
22.214.171.124 In these terms and conditions, non-attributable shortcomings refers to any circumstance that makes it unreasonable for the buyer to expect the seller to fulfil the agreement, in any case including war, threat of war, civil war, revolt, flooding, strike, workmen exclusion, shortage of staff, shipping difficulties, fire, government regulations, import and export bans and business failures.
126.96.36.199 In case of a non-attributable shortcoming the seller is entitled, by his own choice, to either prolong the delivery time for the duration of the interference, or to annul the agreement, insofar as it is affected by the interference. If the buyer urges the seller in writing to do so, the seller is obligated to express his choice within 5 business days.
Article 10 - Liability
10.1.1.1 Except for as far as liability stems from what is determined in art. 185 book 6 BW, the seller is never liable for business damage (business failures and other expenses, and the like), damage as a result of personal injury, depreciation of goods or any other damage whatsoever, which might occur as a direct or indirect result of the failure of seller to perform deliveries, activities, provide services or advice or of doing so with a delay.
10.1.1.2 Furthermore, the seller is not liable for damage that occurs because the sold/delivered items and/or installations do not comply with the legal or other demands that are dictated by public authorities regarding the use of these items and/or installations.
10.1.1.3 What is determined in this article undiminished, the seller's liability concerning damage is at any time limited to an amount that equals the net invoice value of the relevant items.
10.1.1.4 In case the seller could appeal to what is determined in this article, the seller's employees that are possibly addressed can also appeal to that, as if they were party to the agreement themselves.
Article 11 - Deposit, creditworthiness
188.8.131.52 Every agreement between the seller and the buyer is entered under the condition subsequent of sufficient creditworthiness of the buyer, this by judgement of the seller.
184.108.40.206 In case the seller has already fulfilled part of the agreement at the time the aforementioned condition subsequent takes effect, the buyer is obligated to return the already delivered portion of the items to the seller at his own risk within 3 business days after the annulment of the agreement.
Article 12 - Cancellation
220.127.116.11 An agreement between seller and buyer cannot be cancelled by the buyer without warning. The seller has to have give written consent for the cancellation of the agreement. In the event that the seller consents to the cancellation in writing, the buyer is obligated to promptly pay the possible expenses of the underlying order that were already made by the seller as a cancellation fee. These expenses can never exceed the value of the underlying order.
18.104.22.168 The buyer is not entitled to cancellation of the agreement and returning the items in case the relevant items are not part of the standard range of the seller.
Article 13 - Reservation of ownership
22.214.171.124 With the exception of explicitly written notification to the contrary of the seller, every item delivered by the seller remains property of the seller;
- until buyer has paid all that he owes to the seller on account of the agreement that forms the basis for the delivery of the relevant item.
- until the buyer has paid all that he owes to the seller on account of activities performed by the seller in his favour;
- until the buyer no longer fails to comply with any agreement with the seller.
126.96.36.199 The ownership of any item delivered by the seller to the buyer will therefore not be transferred to the buyer until the moment he no longer owes anything to the seller on account of any agreement with the seller.
188.8.131.52 Buyer will ensure that the items to which the ownership stated in article 184.108.40.206 applies are stored carefully and are recognizable as such. In light of that, buyer will see to an insurance policy common to the industry.
220.127.116.11 On first request, buyer will accurately inform the seller of the location of the items to which the reservation of ownership stated in article 18.104.22.168 applies and will enable the seller to take back the items in case the seller deems this necessary in order to assure his entitlement to them. All costs related to taking back an item on account of this article are at the expense of the buyer.
22.214.171.124 Buyer will inform third parties that want to lay claims on items to which the reservation of ownership stated in article 126.96.36.199 applies regarding the existence the reservation of ownership will try to prevent the occurence of damage for the seller and will promptly inform seller of such claims.
Article 14 - Annulment
188.8.131.52 Agreements are assumed to be annulled without judicial intervention, without the requirement of a prior formal notice, from the moment at which a petition in bankruptcy and / or (preliminary) moratorium of the seller is filed, or if the seller loses disposition of (part of) his assets through, among other things, seizure or otherwise.
184.108.40.206 With the annulment of the agreement, all claims of the seller will immediately fall due. Besides that the seller reserves the right to full compensation of the damage that seller suffered or will suffer because of the annulment.
Article 15 - Disputes
220.127.116.11 Disputes between seller and buyer, regardless of their nature, will be presented exclusively to the competent court of Amsterdam by the most prepared party, unless the buyer chooses judgement by the court that is competent according to the law, within 1 month after the seller has exercised this condition.
18.104.22.168 Dutch law applies to all agreements as well as to the pre-contractual stage.