Terms and Conditions

Terms of delivery

I GENERAL

Article 1. Definitions

1. Client: A natural or legal person who has given the contractor an order to deliver products, manufacture goods or perform work.

2. Contractor: A natural or legal person who has accepted the assignment as referred to under point a. Of this article.

Article 2. Validity of this agreement

1. These general terms and conditions apply to all offers and all agreements regarding deliveries, services and / or work to be performed by the contractor. Clauses that deviate from the general terms and conditions are only valid if they have been confirmed in writing by the contractor.

II AGREEMENTS CLIENT AND CONTRACTOR

Article 3. Quotations and offers

1. The mere issue of a quotation, budget, cost estimate or similar statement, whether or not indicated with a quotation, does not oblige the contractor to conclude an agreement.

2. Offers are always free of charge and can only be accepted without deviations.

3. General (purchase) conditions of the client only apply if it has been explicitly agreed in writing that they apply to the agreement between the parties, with the exclusion of these delivery conditions.

Article 4. Agreements

1. The agreements are only binding on the contractor after and insofar as they have been confirmed and signed in writing by the client and the contractor.

2. The client is bound by a written confirmation if he does not object in writing to the content of such confirmation within 7 days of the post date. The client can never rely on not having received a written confirmation. Additions and changes to the agreement are only binding on the contractor after and insofar as this has been agreed in writing.

3. Contractor is entitled to have the services and / or deliveries to be performed fully or partially performed by third parties.

4. An offer is understood to mean a proposal, quotation or sales order made to the contractor to enter into an agreement that has been determined in such a way that an agreement is immediately created by signing it.

5. Agreements are stored and stored by Textiel-groothandel.eu in accordance with the legal retention period.

Article 5. Price changes

1. The contractor has the right, if after the date of the offer of conclusion or confirmation of the order, the purchase prices, as well as the prices of services and / or work performed by third parties, the prices of (auxiliary) materials or raw materials, the wages. , social security charges, taxes on import or export duties and / or other cost factors, including price increases as a result of exchange rate changes, are subject to an increase, even if this occurs as a result of circumstances already foreseeable at the time of the offer, the conclusion or confirmation of the order, increase the price accordingly.

2. The contractor has the right to increase the agreed price in the event of unclear sketches, drawings, defective information carriers, defective computer software or data files supplied by the client, defective method of delivery of the materials or products to be supplied by the client and all similar deliveries, by the client that require the contractor to perform more work or costs than expected at the conclusion of the agreement.

3. All changes in contracted work should be regarded as additional work when additional costs arise from this. The additional work will be charged separately to the client.

Article 6. Invoicing / payment

1. Unless otherwise agreed, payment must be made by the client in advance. If agreed otherwise, the client is deemed to be in default by operation of law after expiry of the agreed payment term, therefore without any summons or notice of default.

2. If the performance of the agreement takes place in parts, the contractor has the right to invoice each part separately.

3. If the client has not paid on time in accordance with this article, he is obliged to pay interest from the day it becomes due and payable, without prejudice to any further rights and administration costs that are due to us. The interest is 2% per month or part of a month, plus 25.00 euros in administration costs.

4. Any obligation of the client is immediately due and payable on our part at all times, if the client applies for a moratorium, is declared bankrupt, liquidates or transfers his company to third parties, initiates a creditors’ settlement or has his bank credit canceled, under guardianship or administration is placed or an attachment is levied against him, in which cases the contractor also has the right to declare concluded agreements dissolved, without prejudice to our right to compensation and without prejudice to our other rights.

5. The client will never be able to invoke any discount, set-off or suspension, unless agreed in writing.

6. Non-payment of an invoice on the due date will result in the immediate due and payability of all existing claims against the client, while in that case the contractor also has the right to cancel any current agreements, while retaining the right by the contractor. on payment of what has already been delivered or on compensation according to article 18.

7. In the event of late payment as referred to in paragraph a. Of this article, the client, in addition to the amount owed and the interest and administration costs that arose thereon, is obliged to pay full compensation for both extrajudicial and judicial collection costs, including the costs for lawyers, bailiffs and collection agency. The extrajudicial costs are set at 25% of the principal sum plus interest, with a minimum of 250.00 euros per agreed assignment.

8. VAT is stated separately on invoices.

Article 7. Delivery conditions

1. A term of delivery stated by the contractor is only indicative, unless it is explicitly stated in writing that it concerns a deadline. Even in the event of an agreed deadline, the contractor is only at fault after the client has given the contractor written notice of such fault.

2 If no time of commencement of the work has been agreed, the contractor is entitled to determine the start time according to its own production process.

3. If the purchased tasks are not taken up by the client within the agreed or set term, the client will be in default and in default by operation of law, therefore without summons or notice of default. The Contractor then has the right, at our choice, either to demand fulfillment of the agreement, or to declare this agreement dissolved without legal intervention and to claim the compensation stipulated in Article 15.

4. If delivery on call has been agreed, the client is obliged to purchase after the on-call period has expired.

Article 8. Liability

1. In the event of non-execution, late, incomplete or improper execution of the agreement, in any case, the contractor will have any obligation to pay compensation in full by still proceeding to (full) execution of the agreement, or by remedying the defects insofar as these can be attributed to fault or negligence on the part of the contractor and insofar as this clearly defined contractor is notified.

2. Insofar as the contractor does not yet proceed to (full) implementation of the agreement, or to remedy the defects, the obligation to compensate the damage has been fully met by payment of the costs actually incurred by the client up to a maximum. Of 5%.

3. The client never has the right to terminate the agreement or to compensation for delay in the performance of the agreement.

4. The contractor is not liable for damage of any kind, insofar as this ensues from advice issued.

5. The client indemnifies the contractor against all claims from third parties for tasks provided by the contractor, or services and / or work performed on the instructions, as a result of which those third parties may have suffered damage, regardless of the cause or at what time that damage was suffered.

6. Our liability towards the client for work on behalf of the client that we have assigned to a third party does not go beyond that of a third party against the contractor, and only insofar as this third party actually offers recourse for this.

7. Our liability towards the client of goods delivered and works delivered by the contractor never goes beyond that of our supplier of the (processed) goods towards us, and only insofar as our supplier actually offers recourse.

8. Our liability towards the client is at all times limited to the provisions set out above in this article. The contractor is never liable for other damage, damage to goods other than those supplied by us, damage to persons, consequential damage, loss of profits or stagnation damage suffered by the client or by third parties.

Article 9. Transport

1. The transport of all goods and materials, including those sold and franking paid, is at the expense and risk of the client. Commitments entered into with third parties do not change this and are deemed to have been accepted in the interest and at the expense of the client.

2. The contractor has the right to store or have stored goods which are ready which, for reasons independent of our will, cannot be transported to the place of destination, at the expense and risk of the client and demand payment as if the delivery had been made. Occurred.

3. Unless the client timely requests the contractor to insure the transport at his expense, the goods and items travel uninsured.

4. The choice of the means of transport is up to the contractor. Unless otherwise agreed in writing, this also applies to non-carriage paid shipments, where no instructions for shipment have been given by the client, Obstructions or temporary obstacles to the chosen means of transport do not oblige the contractor to use another means of transport.

5. Unless otherwise agreed, export and import duties, stamp, station and clearance costs, taxes, etc. are at the expense of the client.

Article 10. Force majeure

1. In the event of force majeure in the fulfillment of the agreement with regard to war, mobilization, disturbances, flooding, obstructions or stagnation in transport, limitation or stoppage of the supply by public utility companies or other means of power generation, fire, machine breakdown, a accident, strike, exclusion, export restrictions, government measures or non-delivery or late delivery of semi-finished products by third parties, as well as intent or gross negligence on the part of auxiliary persons and other similar circumstances, are regarded as not attributable by the contractor and do not give the client any right to terminate the agreement or to compensation.

2. Performance of work assigned to third parties, import or export or exchange restrictions, malfunction in our company or in that of our supplier or in the transport, we are entitled to suspend the performance of the agreement or to suspend the agreement in whole or in part. to dissolve, at the discretion of the contractor, and to demand payment to take over the part of the agreement that has been performed, without us being obliged to pay any compensation to the client.

Article 11. Complaints

1. Complaints about the performance of work, deliveries and invoices must be submitted to us by the client by registered letter no later than 8 days after completion of the work or item. In the absence thereof, the client is deemed to have approved what has been delivered or delivered.

2. Complaints cannot be submitted against goods delivered, delivered, put into use, used or disposed of by the client.

3. Complaints do not entitle the client to suspend payment of uncontested parts of our claim.

Article 12. Returns

It may be that a product you receive is not in order. You should therefore check the received items upon receipt. You can complain within 8 days of receipt of your order. At the request of Textiel-groep.eu you must return the damaged items, after which we will arrange for replacement. Because many items are specially ordered or manufactured for you, you cannot return items.
We ask you to affix sufficient stamps upon return. Otherwise, we will receive a fine from TNT (Private Dutch Postal Service) if the shipment is returned and will be forced to deduct the fine from the refund.

Article 13. Retention of title

1. As long as the client has not complied with what it is obliged to do under the agreement, including interest and costs, the goods delivered by us remain our property.

2. The contractor is at all times entitled, without prejudice to our other rights, to take back the delivered goods and property without prior notice, summons or judicial intervention and to access the property of the client for this purpose.

3. As long as this retention of title is in force, the client is prohibited from alienating, encumbering or removing the goods from the space or place where they are located.

4. The client is obliged to first inform the contractor of the fact that third parties are asserting rights to goods that are subject to this retention of title.

Article 14. Non-payment or fear thereof

1. The contractor is entitled during the course of an agreement in the event of fear of non-payment by the client to suspend all agreed work activities and / or deliveries and to demand payment in advance from the client, not only for the current agreement but also for the work already in progress executed agreements, the payment of which by the client has not been made or has only partially taken place

2. The contractor is at all times entitled to require the client to provide proper security for that which the client will owe at any time under the agreement. In case of non-compliance with this, paragraph a. Of this article applies.

III OTHER PROVISIONS

Article 15. Cancellation

1. In the event of unilateral cancellation of the agreement by the client, before the execution of the order / agreement has commenced, the client will owe compensation of 30% of the agreed contract price / purchase price, without prejudice to our right to compensation of the damage insofar as this exceeds 30%, such as already ordered purchases of products or goods.
Article 16. Extrajudicial costs

1. All possible costs, including administration, collection, bailiff and lawyer costs, both
legal as well as non-judicial, which are made by the contractor in order to bring about fulfillment of the obligations by the client, will be for the client’s taste.

2. The extrajudicial costs amount to a minimum of 25% of the amount owed by the client of the purchase price / contract price agreed with the contractor, with a minimum of EUR 250.00, of which no proof is required.

3. Extrajudicial costs are payable from the moment that the claim is handed over for collection, regardless of whether the client is aware of it.

Article 17. Applicable law
1. The agreement between the client and the contractor is governed by Dutch law.