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ARTICLE 1 – GENERAL AND VALIDITY
These terms and conditions apply to, and form an integral part of, all offers, orders and agreements of ALPHA MARINE PRO, hereinafter “the Seller”, with third parties, hereinafter “the Customer”.
Deviation from these terms and conditions is only possible by express written agreement. These terms and conditions take precedence over the Customer’s own terms and conditions, if any.
If one or more provisions of the General Terms and Conditions should be declared null and void or become unenforceable due to a change in the law or for any other reason, the legality, validity and enforceable nature of the remaining provisions of the relevant article of these General Terms and Conditions and of the General Terms and Conditions as a whole shall not be affected.
ARTICLE 2 – OFFERS AND ORDERS
Offers are non-binding until written acceptance by the Customer, unless revoked in writing by the Seller.
The period of validity of offers is 30 calendar days. After this period, the terms and conditions may be amended.
Quotations are always made under the express reservation of price changes due to, among other things, more expensive raw material prices.
Every offer is based on the assumption that the Seller can perform the contract under normal and regular working hours.
All images, drawings, calculations, price lists, leaflets, statements of sizes and weights and all other data provided with an offer are given as accurately as possible. However, such data shall only be binding if expressly confirmed in writing by the Seller.
If the Seller includes materials to be delivered in its offer, the Seller shall base itself with respect to such materials on the data provided to it by the manufacturer or supplier of such goods as to the conduct and properties of such materials. As a result, the Seller shall not be liable for any damage caused by such conducts/properties .
The Seller may assume the functional suitability of materials and constructions, both existing and those prescribed by the Customer, on which or to which the work to be performed by the Seller is to take place.
Transmission of offers, leaflets, price lists and the like shall not oblige the Seller to deliver or accept an order. Information and advice from the Seller are of a general nature and without obligation, unless otherwise agreed.
Quotations, drawings, calculations, models, software, manufacturing models, working methods and documents which relate to the agreement or order are not binding.
Any copyrights and other industrial and intellectual rights remain the property of the Seller and may not be duplicated, reproduced, copied, or made available to third parties for inspection or use in any way whatsoever.
The Seller reserves the right to refuse orders without giving reasons.
The Customer is always responsible for passing on correct quantities and measurements. In case of material errors on the part of the Customer, the Seller cannot be held liable for this. In this case, the Customer shall be obliged to accept the quantities and measurements communicated and pay the corresponding price.
ARTICLE 3 – PRICES
Travel and relocation costs are invoiced at the applicable hourly rate and relocation costs at cost price. Other work and services shall be invoiced in accordance with the terms and conditions stipulated in the purchase order unless otherwise agreed.
Agreed prices may be increased due to government regulations or other binding measures, without giving the Customer the right to terminate the agreement.
Changes or additional work ordered verbally by the Customer during or during the execution of the work will be charged on a cost-plus basis at the prevailing hourly rates and prices for materials and raw materials.
Additional work may be proved by any means of law.
Unless otherwise stated, security measures imposed by the security coordinator and not known at the time of contract conclusion are not included in the price. The Customer is responsible for informing the Vendor of the security measures in a timely manner, and at the latest at the conclusion of the contract.
All prices, even in the case of an absolute flat rate, quoted by the Seller are always subject to price revision due to external factors such as changes in wages, increases in social security contributions, raw material prices and transport prices.
ARTICLE 4 – DELIVERY AND PLACEMENT TERMS.
The delivery and installation dates given by the Vendor are purely indicative. If the delivery or placement cannot take place due to actions attributable to the Customer, the Seller is entitled to unilaterally set a new delivery and placement date according to its own schedule.
A late delivery or placement shall in no case give rise to and/or entitle to compensation and/or the order or dissolution of the agreement.
ARTICLE 5 – INVOICING AND PAYMENT
The Seller’s invoices are payable in cash and without discount at the Seller’s registered office within 30 days of the invoice date.
If the invoice is not paid in full within the aforementioned period, the Customer shall automatically and without any notice of default being required, owe interest of 1% per month as well as liquidated damages of 10% of the outstanding balance, the latter with a minimum of 40.00 euros, without prejudice to the right to claim compensation for the actual damages and costs incurred should they be higher.
In the event of late payment of an invoice, the Seller also reserves the right to immediately suspend its further performance without this giving rise to any form of compensation or breach of contract on the part of the Customer.
The Seller shall be entitled at any time from the conclusion of the contract to demand that the Customer provide sufficient guarantees to prove its solvency.
On pain of forfeiture, the Customer must submit any complaint about an invoice in writing to the Seller no later than 10 calendar days after the invoice date, failing which the invoice shall be deemed to have been accepted in full.
ARTICLE 6 – RETENTION OF TITLE
The goods delivered by the Seller remain its property until payment of the invoices, plus any default interest, damages and costs mentioned above.
If the Customer does not fulfill its payment obligations or the Seller has a well-founded fear that the Customer will not fulfill those obligations, the Seller shall be entitled to recover/take back the goods delivered under retention of title without any form of notice or any judicial intervention. The Customer irrevocably authorizes the Seller to enter the place where such goods are located and also to actually retrieve/take back such goods, or if mounted on movable or immovable property, to dismantle and retrieve/take back such goods.
Regardless of the time of transfer of ownership, the risk, in particular in case of loss or damage to those goods by whatever cause and/or in case of damage caused to those goods, shall pass to the Customer from the time of shipment.
ARTICLE 7 – ACCEPTANCE
Upon payment of the invoice, the Customer definitively approves the delivered goods and services and this will be considered an unconditional acceptance of the delivered goods and services.
In the case of an installation, this shall also be deemed approved if the installation is put into use.
ARTICLE 8 – COMPLAINTS
The Customer has the duty to thoroughly examine the goods and services provided by the Seller within a period of 7 calendar days after delivery or performance.
Complaints must be reported in writing under penalty of forfeiture within 10 calendar days after the defects have been or should have been found upon serious examination.
Visible defects, including the quantity and quality of bulk deliveries, must be reported in writing immediately upon delivery or placement.
Hidden defects must be reported within 7 calendar days of their discovery or the time when they should reasonably have been discovered. Such hidden defects must also be reported within a maximum period of 6 months after delivery or installation, under penalty of expiry.
The Seller shall always have the right to carry out itself the necessary repair work, or replacement, upon discovery of a defect. Third party invoices related to such repairs are not enforceable against it.
No guarantees are given on repairs carried out.ARTICLE 9 – EARLY TERMINATION OF THE AGREEMENT If the Customer terminates the agreement or, due to his action, the agreement cannot be performed, he shall be obliged to compensate the damage suffered as a result and the costs incurred.
In case of cancellation or refusal of the order, assignment or agreement, the Customer shall owe a 30% cancellation fee, to be increased by any transport and personnel costs.
ARTICLE 10 – LIABILITY
The Seller is only responsible for direct damage, both contractual and extra-contractual, caused by its actions, insofar as such damage is covered by the insurance policy taken out by the Seller at the time. The Seller cannot be held liable for the amount exceeding that covered by the insurance policy taken out.
In addition, the liability of the Seller, the Seller’s employees and persons for whom the Seller is responsible and/or liable and which is attributable to the Seller, shall in all cases be limited to a maximum of the invoice value of that part of the agreement from which the liability arises.
The Seller is not liable for indirect damage, including but not limited to consequential damage, loss of profit, missed savings or damage to third parties.
The Customer expressly acknowledges that the Seller cannot under any circumstances be held liable for commercial, technical or financial damage resulting from a manufacturing defect in the materials and raw materials used.
In cases where the Seller is sued by third parties for damage caused by goods and/or work delivered or performed by the Seller for the Customer, the Customer shall unconditionally indemnify the Seller in those cases where the Seller is not (or is no longer) liable to the Customer.
Any damage of any kind that may arise directly or indirectly as a result of the Client’s failure to comply with environmental legislation, including regional regulations shall be borne by the Client.
ARTICLE 11 – RIGHT OF WITHDRAWAL FOR CONSUMERS
Only for contracts concluded with private individuals (consumers) at a distance (webshop) is the right of withdrawal of 14 days applicable as stipulated in the Code of Economic Law.
The right of withdrawal cannot be exercised for, among others but not limited to, customized products and sealed products whose seal was broken after delivery.
ARTICLE 12 – FORCE MAJEURE
In cases of force majeure, the performance of the contract shall be suspended for as long as the cause of the force majeure makes performance impossible for the Seller, without the Customer being able to claim any form of compensation and/or rescission of the contract. In the event of permanent force majeure, the Customer shall be obliged to pay in reasonable proportion to the price for the entire delivery for that part of the goods that has since been delivered.
Force majeure includes, but is not limited to: war, threat of war and riots, obstructive measures by domestic and foreign governments, pandemic, fire sabotage, general strike, transport disruptions, supplier shortcomings and other unforeseeable circumstances that make the performance of the agreement temporarily or permanently impossible.
ARTICLE 13 – DISPUTES
All agreements concluded by the Seller are governed by Dutch law.
Contact us at info@AlphaMarinePro.com for questions related to refunds and returns.