General terms and conditions of Rocaflor B.V.
Rocaflor B.V. - Meerlandenweg 58, 1187 ZR Amstelveen (NL)
Tel: +20 6404880
K.v.K. no. 60940328
Email: info@rocaflor.com
Delivery and payment terms
Paragraph 1 Offers and confirmations
- Buyer includes prospective buyer and seller includes prospective seller.
- An offer is binding for a period stated in the quotation. If no term is mentioned, the offer is valid for 6 weeks.
- Purchase agreements concluded through intermediaries or representatives shall take effect after written confirmation by the seller, subject to the provisions of paragraph 4.
- If the correctness of the contents of a written confirmation is not denied within eight working days, both parties shall be bound by it.
Paragraph 2 Delivery and risk
- In the event of carriage-paid delivery, the goods shall travel at the seller's expense and risk.
- In all other cases, the goods travel at the buyer's expense and risk.
- In the case of carriage-paid delivery, the seller need not transport the goods any further than where the vehicle can reach a properly passable (made) terrain. Delivery takes place next to the vehicle, while the buyer is obliged to take delivery of the goods there. The buyer and seller shall ensure unloading.
- Unloading outside working hours can only take place by agreement between the buyer and the seller.
Section 3 Quantity
- A waybill, delivery note or similar document issued upon delivery of goods shall be deemed to accurately reflect the quantity of the goods delivered, unless the buyer states his objection to it immediately upon receipt of the goods.
- Even if the buyer timely notifies the seller that less has been delivered to him than stated on a consignment note, delivery note or similar document provided at the. Delivery, delivery note or similar document provided to him, this shall not entitle him to suspend payment for what has been delivered to him.
Section 4 Quality and inspection
- If and insofar as nothing has been expressly agreed with regard to quality, the Buyer may only claim quality in accordance with what is normal and customary in the trade for the goods concerned.
- If and insofar as it has been agreed that the quality shall be according to a sample, that sample shall serve to determine the average quality of the goods.
- If and insofar as it has been agreed with regard to the quality of the goods that it shall be in accordance with the specifications and/or that delivery shall take place to the purchaser's inspection and/or to the satisfaction of the purchaser's principal, the purchaser can only derive claims from this which go further than what is stipulated in the following paragraphs, if and insofar as such further-reaching agreements result from the purchaser's commitment to specifications, the contents of which the purchaser has informed the seller in writing and in good time, so that the seller was able to take these into account in his offer.
- The buyer shall have the right to inspect the goods at his own expense.
- Objections due to defects in the quality of the goods, such as defects in quality, dimensions or quantity per commercial unit, can only be claimed by the buyer against the seller if the goods have not been processed and if the buyer reports the existence of such objections;
- in case of delivery carriage paid at work: within 48 hours after receipt of the goods;
- in all other cases: before loading takes place.
- In cases as referred to in paragraph 5 under b, the seller, if so requested by the buyer, shall be obliged to inform the buyer of the time/place where the inspection can take place, in good time before the shipment. If the seller has not complied with this obligation, the buyer shall be entitled to report his retention after receipt of the goods.
- If the buyer can assert a claim according to the above provisions, this shall not entitle him to suspend payment for goods in respect of which the agreement does not exist.
Paragraph 5. Packaging
- Reusable packaging will be supplied by the seller at the same time as the delivered goods. Separately on the invoice of the buyer.
- For packing materials routed to the seller at the buyer's expense, as referred to in paragraph 1, a credit invoice will be sent by the seller to the buyer soon after receipt.
- On the aforementioned credit invoice, unless the returned packaging is in less good condition than when received by the buyer, the value invoiced for it shall be credited.
- Only upon receipt of the credit invoice is the buyer entitled to deduct the value of the credited packaging up to the credited amount from the amount he owes the seller.
- If the amount of the credit invoice exceeds the amount the buyer still owes the seller on receipt of that invoice, that excess shall be paid to the buyer within one month of the invoice date, failing which the seller shall be obliged to pay interest and costs without any reminder being required.
Paragraph 6. Return shipments
Delivered goods and accepted goods will generally not be taken back. Under no circumstances will the seller be liable for non-performance or late performance of its obligations due to force majeure. Force majeure on the part of the seller vis-à-vis the buyer shall always be deemed to be present if a third party can invoke force majeure vis-à-vis the seller in the matter and also always if stagnation occurs that cannot be attributed to the seller, such as, inter alia war, threat of war, state of war or siege, mobilisation, hostilities, strike, workmen's lockout, labour shortage, transport difficulties, export or transit bans, operational failure, lack of raw materials, auxiliary materials or packaging materials, non-performance of third parties engaged by the seller for the execution of the agreement, as well as any impeding circumstance that does not depend exclusively on the seller's will. The seller shall then be entitled to extend the delivery period by the duration of the stagnation, or to dissolve the agreement.
Section 7. Retention of title
Transfer of ownership shall not take place until all amounts due to the seller, plus any interest and costs, have been paid. As long as this transfer of ownership has not taken place, the seller is entitled to take back the delivered goods, regardless of in whose hands they are.
Paragraph 8. Payment
- The purchase price (incl. VAT) for what has been delivered in accordance with the agreement shall be due and payable on the due date. The due date shall be the eighth day following the day of delivery or, if later, the fourth day following the day on which the relevant invoice was sent to the buyer.
- The seller is entitled to increase the purchase price, plus VAT, on the invoice with a so-called credit limitation surcharge of up to two per cent. This surcharge shall then become due if and insofar as payment of the purchase price takes place after the due date.
- The buyer who has not paid by the eighth day after the due date shall owe interest on the amount due without any reminder being required. The interest shall accrue before the aforementioned eighth day in case of credit limitation allowance and otherwise from the due date until the day of payment. The interest rate shall be the legal interest rate plus one. In both cases, administration costs may be charged.
- If, on the due date, the buyer has not yet made payment for that which has been delivered to him in accordance with the agreement, the seller shall be entitled to suspend the delivery obligations entered into vis-à-vis the buyer until such payment has been made and/or to demand cash or advance payment or adequate security for that which is yet to be delivered.
- The seller shall be entitled to the same powers as described in paragraph 4, also on the due date, vis-à-vis the buyer, whose reduced creditworthiness the seller has received such indications after entering into the agreement that the seller, had he had such indications at his disposal before entering into the agreement, would not reasonably have wanted to enter into the agreement or would only have wanted to enter into the agreement on the condition of cash or advance payment or adequate security.
- The collection costs shall be payable by the buyer as soon as the seller hands over his claim to a third party for collection. They shall be fixed at 15% of the seller's claim, insofar as claims up to and including
- € 4.500. This with a minimum of € 45. For claims above €4,500 they are fixed at €700 plus 10% of the amount by which the claim exceeds €4,500.
Paragraph 9. Deviating clauses
- Clauses deviating from these general terms and conditions of sale shall only be valid if they have been confirmed in writing by the seller to the buyer and the buyer has not objected to this confirmation within 48 hours of receiving the confirmation.
- If the seller itself is bound by the general terms and conditions of purchase and sale of its suppliers, these shall be deemed to have also been agreed between the seller and the buyer, on the understanding, however, that this shall not affect the seller's rights vis-à-vis the buyer under general law and/or these general terms and conditions of sale.
- At the purchaser's request, the seller shall provide the purchaser with further information about the general terms and conditions of sale of his sellers and suppliers as referred to in paragraph 2.
- In case of conflict between these general terms and conditions of sale of the seller and the general terms and conditions of purchase of the buyer, the general terms and conditions of sale of the seller shall prevail.
Prices
All prices are subject to change without notice.
Delivery
Upon purchase per shipment excluding VAT from € 550.00 carriage paid to your warehouse in the Netherlands, excluding the islands. For other shipments, transport costs will be charged pro rata.
Payment
Within 8 days of delivery, net.
Direct sales
For direct sales (is sales location), the buyer is expected to pay at the same time as delivery. takes place, if a payment period is desired a credit limitation surcharge of 2% will be imposed on the buyer by the seller. Transport costs will not be charged to the buyer in case of direct sale, regardless of the amount of purchase.
The general terms and conditions are filed under number at the Amsterdam Chamber of Commerce.