Scope
These conditions apply to every offer, order confirmation and sale made by us to business customers. Deviating conditions, including the buyer’s purchasing conditions, only apply when we accept them in writing.
Offers and contracts
Offers are without obligation unless they are expressly stated to be firm, in which case they are valid for the period indicated. A contract is formed when we send a written order confirmation. Quantities, specifications, packaging, Incoterm, delivery period and payment terms are those stated in that confirmation.
Prices
Prices are in the currency and on the Incoterm (Incoterms® 2020) stated in the offer, excluding VAT, duties and other charges unless stated otherwise.
Quality
Goods are delivered in accordance with the agreed specification. The certificate of analysis issued at loading is evidence of the quality delivered, unless an independent survey agreed between the parties shows otherwise.
Delivery and risk
Delivery, transfer of risk and the division of costs follow the agreed Incoterm. Delivery periods are estimates, unless a fixed date has been expressly agreed.
Payment
Payment is made as stated in the order confirmation, for example in advance, against documents or by letter of credit. Ownership of the goods passes to the buyer only once the price has been paid in full.
Inspection and claims
The buyer inspects the goods on arrival. Claims must be notified to us in writing without delay and be supported by documents such as a survey report. Claims do not suspend the buyer’s payment obligation.
Force majeure
We are not liable for failure or delay caused by circumstances beyond our control, such as strikes, export restrictions, crop failures, epidemics, port closures or the default of carriers and suppliers.
Liability
Our liability is limited to the invoice value of the goods concerned. We are not liable for indirect or consequential loss, including loss of profit, except in the case of intent or gross negligence.
Applicable law
These conditions and all contracts are governed by Dutch law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply. Disputes are submitted to the competent court of the district where we have our registered office.