General conditions

Sales terms and conditions

Applicability

On all sales and other transactions between Incotech bv (hereinafter called “seller”) and buyer the Incotech General Conditions as on this document will apply. These Conditions will have priority over all other conditions, including buyer’s conditions, unless agreed by seller in writing.

Pricing and deliveries

All sales- prices will be announced in a quotation for the relevant product at the relevant time, and are valid for the relevant transaction only. The quotation will also specify details on delivery-time, packaging, transport, payment- terms and validity of the quotation. Unless otherwise stated, prices include the cost of standard packaging. Transport- conditions are based on Incoterms 2000

Title and Risk

Sales terms and conditions Applicability On all sales and other transactions between Incotech bv (hereinafter called “seller”) and buyer the Incotech General Conditions as on this document will apply. These Conditions will have priority over all other conditions, including buyer’s conditions, unless agreed by seller in writing. Pricing and deliveries All sales- prices will be announced in a quotation for the relevant product at the relevant time, and are valid for the relevant transaction only. The quotation will also specify details on delivery-time, packaging, transport, payment- terms and validity of the quotation. Unless otherwise stated, prices include the cost of standard packaging. Transport- conditions are based on Incoterms 2000 Title and Risk All delivered goods and services will retain ownership of the seller until buyer has paid in full for the delivered products. Risk of loss or damage to the goods shall pass from seller to buyer at delivery of the goods to the transport company, unless agreed otherwise in writing. Delivery times The lead times as mentioned on quotations are based on the best information as available at the time of providing this information, and will be respected to the best of the sellers ability. However, if due to any circumstances deliveries are delayed, seller shall not be responsible for any consequences. Acceptance Buyer will accept a period of 10 working-days to receive, inspect and (re-)count the materials as bought from the seller. Eventual damages and/or short-shipments are to be reported to the seller within 10 days after receipt of the goods. When no further notice is received by the seller within the 10 days, the goods are deemed to be accepted. Replacement, repair or reimbursement will be the full and sole responsibility of the seller. Payment All invoices are due for payment to seller within 30 days net after the date printed as “invoice-date” on the relevant invoices, or as otherwise agreed to at time of order acceptance/confirmation. After expiry of the agreed payment terms, interest is due based on the interest as used by the Dutch government for Tax- payers, increased by 3%. All additional expenses necessary for services of third parties to collect receivables will be charged on top of the amount of the original invoice. Cancellation Buyer cannot cancel purchase- orders at the seller unless seller agrees on a written statement. This statement does not decline buyer’s responsibilities to pay for applicable cancellation- charges up to a maximum equal to the sales price of the parts and/or services ordered. Warranty Warrantees on goods are limited to the relevant factory conditions. Buyer waives, releases and renounces all other warranties, obligations and liabilities of seller. Buyer can only claim for warranty if: a. seals have not been broken; b. goods are in their original shape and no work or repair has been performed; c. products have been installed, handled and used in accordance with instructions provided by the manufacturer or seller. Liability and indemnity Seller waives all responsibilities beyond the warranties as described under “Warranty”, including liability for consequential damages. Seller shall not be responsible for any damage incurred by third parties, in case they occurred in connection with goods bought from seller. Confidentiality Pictures, drawings, documents and / or pricing made available to the buyer by the seller in any dimension, including hardcopies and transferred by electronic media, will be considered to be property of the seller and are not supposed to be shown, copied or transferred or sold to third parties without written permission of the seller. Changes Changes to these conditions of sale and other conditions applicable to the agreement shall not be binding for seller, unless otherwise agreed to in writing. Applicable Law All agreements between buyer and seller shall be governed by and construed in accordance with the laws of the Netherlands, without reference to any conflict of law rules. Arbitration deemed necessary by any party shall be settled by the Court of Law in Zwolle, the Netherlands.

All delivered goods and services will retain ownership of the seller until buyer has paid in full for the delivered products. Risk of loss or damage to the goods shall pass from seller to buyer at delivery of the goods to the transport company, unless agreed otherwise in writing.

Delivery times

The lead times as mentioned on quotations are based on the best information as available at the time of providing this information, and will be respected to the best of the sellers ability. However, if due to any circumstances deliveries are delayed, seller shall not be responsible for any consequences.

Acceptance

Buyer will accept a period of 10 working-days to receive, inspect and (re-)count the materials as bought from the seller. Eventual damages and/or short-shipments are to be reported to the seller within 10 days after receipt of the goods. When no further notice is received by the seller within the 10 days, the goods are deemed to be accepted. Replacement, repair or reimbursement will be the full and sole responsibility of the seller.

Payment

All invoices are due for payment to seller within 30 days net after the date printed as “invoice-date” on the relevant invoices, or as otherwise agreed to at time of order acceptance/confirmation. After expiry of the agreed payment terms, interest is due based on the interest as used by the Dutch government for Tax- payers, increased by 3%. All additional expenses necessary for services of third parties to collect receivables will be charged on top of the amount of the original invoice.

Cancellation

Buyer cannot cancel purchase- orders at the seller unless seller agrees on a written statement. This statement does not decline buyer’s responsibilities to pay for applicable cancellation- charges up to a maximum equal to the sales price of the parts and/or services ordered.

Warranty

Warrantees on goods are limited to the relevant factory conditions. Buyer waives, releases and renounces all other warranties, obligations and liabilities of seller. Buyer can only claim for warranty if:

  • a. seals have not been broken;
  • b. goods are in their original shape and no work or repair has been performed;
  • c. products have been installed, handled and used in accordance with instructions provided by the manufacturer or seller.
Liability and indemnity

Seller waives all responsibilities beyond the warranties as described under “Warranty”, including liability for consequential damages. Seller shall not be responsible for any damage incurred by third parties, in case they occurred in connection with goods bought from seller.

Confidentiality

Pictures, drawings, documents and / or pricing made available to the buyer by the seller in any dimension, including hardcopies and transferred by electronic media, will be considered to be property of the seller and are not supposed to be shown, copied or transferred or sold to third parties without written permission of the seller.

Changes

Changes to these conditions of sale and other conditions applicable to the agreement shall not be binding for seller, unless otherwise agreed to in writing.

Applicable Law

All agreements between buyer and seller shall be governed by and construed in accordance with the laws of the Netherlands, without reference to any conflict of law rules. Arbitration deemed necessary by any party shall be settled by the Court of Law in Zwolle, the Netherlands.