Terms and conditions
Terms and conditions BusOk
1. These terms and conditions apply to any offer, offer and agreement between BusOK and a Other Party to which BusOK has declared these terms and conditions insofar as these terms have not been expressly and in writing by the parties.
2. The present terms and conditions shall also apply to agreements with BusOK for the execution of which BusOK third parties need to be involved.
3. These terms and conditions have also been written for the employees of BusOK and its management.
4. The applicability of any purchase or other terms of the Other Party is expressly rejected.
5. If one or more provisions in these Terms and Conditions are at all times partially or invalid, or in any event, it shall remain fully applicable in these General Terms and Conditions. BusOK and the Other Party will then consult with a view to agreeing new provisions to replace the null or void provisions, with as much as possible complying with the purpose and scope of the original provisions.
6. If there is uncertainty about the interpretation of one or more provisions of these terms and conditions, the explanation should be given "to the mind" of these provisions.
7. If there is a situation between parties that is not governed by these terms and conditions, then this situation must be assessed according to the spirit of these terms and conditions.
8. If BusOK does not always require strict compliance with these terms, this does not mean that its provisions do not apply or that BusOK may, to some extent, lose the right to otherwise demand the strict compliance with the terms of these Terms and Conditions .
Offers and offers
1. All offers and offers made by BusOK are free of charge, unless the time limit for acceptance is stated in the tender. A quote or offer will expire if the product on which the quote or offer relates relates in the meantime is no longer available.
2. BusOK can not be kept on its quotes or offers if the Other Party can reasonably understand that the offers or offers, or any part thereof, contain a manifest error or description.
3. The prices quoted in a quotation or offer include VAT and other charges from the government as well as any costs incurred under the agreement, including travel and subsistence, shipping and handling costs, unless otherwise stated.
4. If the acceptance differs from the offer contained in the offer or offer, or not, then BusOK is not bound by it. The agreement will not be made in accordance with this deviating acceptance, unless BusOK indicates otherwise.
5. A composite price listing does not require BusOK to perform a portion of the contract against a corresponding part of the specified price. Offers or quotations do not automatically apply to future orders.
Contract Duration; Delivery terms, execution and modification agreement; Price increase
1. The agreement between BusOK and the Other Party is entered into indefinitely, unless otherwise agreed in the nature of the agreement or if parties agree otherwise in writing and in writing.
2. If a term has been agreed or given for the completion of certain activities or for the supply of certain items, it is never a fatal term. In case of exceeding a time limit, the Other Party must therefore deny BusOK in writing. BusOK should therefore be given a reasonable period of time to still implement the agreement.
3. BusOK has the right to make certain activities by third parties.
4. BusOK is entitled to execute the agreement in different phases and invoice the portion thus executed separately.
5. If the agreement is executed in phases, BusOK may suspend the execution of those components which belong to a subsequent phase until the Other Party has approved the results of the preceding phase in writing.
6. If BusOK requires data from the Other Party for the performance of the agreement, the execution period will not apply earlier than after the Other Party has made it available to BusOK correctly and fully.
7. If during the performance of the agreement it appears that it is necessary for a proper implementation thereof to amend or supplement it, then the parties will agree on a timely and mutual agreement. If the nature, size or content of the agreement, whether or not at the request or designation of the Other Party, of the competent authorities, etc., is changed and the agreement is thereby amended qualitatively and / or quantitatively, this may have consequences For what was originally agreed. As a result, the originally agreed amount may be increased or decreased. BusOK will make it as priceless as possible beforehand. Due to a change of agreement, the original date of execution may be changed. The Other Party accepts the possibility of modification of the agreement, including the change in price and term of execution.
8. If the agreement is amended, including an addition, BusOK is entitled to take effect after it has been agreed upon by the person competent within BusOK and the Other Party has agreed with the price and other terms and conditions stated for execution. , Including the time to be determined at that time. The non-execution or non-execution of the amended agreement does not give rise to any malpractice of BusOK and is not for the other party to terminate the agreement.
9. Without failing to do so, BusOK may refuse a request for amendment of the agreement if it could be of a qualitative and / or quantitative nature, for example for the work or business to be performed in that context.
10. Should the Other Party be in breach of the proper fulfillment of what he is owed to BusOK, then the Other Party is liable for all damage (including costs) on the part of BusOK directly or indirectly.
11. If BusOK corresponds to a certain price at the conclusion of the agreement, BusOK will nevertheless be entitled to increase the price in the following circumstances, even if the price is not initially reserved.
-If the price increase is due to a change in the agreement;
If the price increase arises from a mandate conferred on Busok or a statutory obligation imposed by BusOK under the law;
-In other cases, the other party who does not act in the exercise of an occupation or business is entitled to dissolve the agreement by a written declaration if the price increase exceeds 10% and takes place within three months after the closing date Of the agreement unless BusOK is yet to make the agreement based on the original agreement, or if it is meant that the delivery will take place more than three months after the sale.
Delivery and delivery time.
1. Delivery takes place at client's premises / company, unless otherwise agreed. As time of delivery, the moment when the goods leave our company / warehouse or that of suppliers.
2. Franco delivery is only provided, if and insofar as this is expressly stated by us, and subject to the conditions for goods transport.
3. The client is obliged to check the delivered or the packaging immediately upon delivery for any defects or damage or to perform this check upon notification that the goods are at the disposal of the client.
4. Confirmed deficiencies or damage to the delivered and / or packages which are present at delivery must indicate the customer on the delivery note, invoice and / or transport documents or by written declaration within 5 days of To inform us of the date of delivery, in the event that the client is deemed to have delivered it. Subsequent advertisements relating to the defects referred to here will no longer be considered.
5. We are entitled to the delivery to take place in sections. (Partial rewards). An invoice may be sent to the client for each share guarantee.
6. Delivery time is always approximate, unless explicitly agreed otherwise in writing. In case the delivery period is binding, the client is entitled to terminate the agreement if, after the expiry of the first delivery period, a new agreed term can not be met.
7. We are obliged to observe delivery time as much as possible, but we are not liable for exceeding the delivery time due to force majeure and for the resulting client and / or third party damage.
8. If the goods are not taken by the client after expiry of the delivery date, they are stored at our disposal at the expense and risk of the client.
Transport and risk.
1. The manner of transport, shipping, packaging, etc. is provided to us by the client unless otherwise provided by us, without any liability whatsoever. Any specific wishes of the customer regarding the shipment / shipment will be made only if the client has declared that it will bear the additional costs.
2. The shipment of goods is always done, even if the delivery is agreed upon at the expense and risk of the client even when the carrier claims that on the bills, shipping addresses and the clause prevents all transport damage at the expense and risk of The sender are.
Suspension, dissolution and interim termination of the agreement.
1. BusOK is authorized to suspend the fulfillment of the obligations or to terminate the agreement and with immediate effect if:
-The other party does not comply fully or in good time with the obligations of the agreement;
- The conclusion of the agreement BusOK, which has come to light, causes good ground to fear that the Other Party will not fulfill its obligations;
-The other party has been requested at the conclusion of the agreement to provide security for the fulfillment of its obligations under the agreement and this security remains or is insufficient;
If, by the delay of the Other Party, it is no longer possible for BusOK to comply with the agreement against the originally agreed terms, BusOK is entitled to dissolve the agreement.
If circumstances arise that are of a nature that compliance with the agreement can not reasonably or unchanged maintenance of the agreement can not reasonably be required from BusOK.
2. If the dissolution is attributable to the Other Party, BusOK is entitled to compensation for damages, including costs, resulting directly and indirectly.
3. If the agreement is terminated, the claims of BusOK on the Other Party are immediately due. If BusOK suspends compliance with the obligations, it retains its claims from the law and agreement.
4. If, on the grounds referred to in this Article, BusOK enters into suspension or dissolution, he shall in no way be liable for compensation for damages and costs resulting therefrom or compensation, while the Other Party, in the event of default, However, damages or compensation is compulsory.
5. If the agreement is terminated by BusOK in the interim, BusOK will, in consultation with the Other Party, arrange for the transfer of work to be done to third parties. This unless the cancellation is attributable to the Other Party. Unless the interim termination of BusOK is due, the cost of transfer to the Other Party will be charged. BusOK will inform the other party as much as possible as to the size of these costs. The Other Party is obliged to meet these costs within the time limit specified by BusOK, unless BusOK indicates otherwise.
6. In case of liquidation, of (application of) surseance of payment or bankruptcy, of seizure - if and insofar as the seizure has not been lifted within three months - at the expense of the Other Party, debt repayment or other circumstance which does not prevent the Other Party from Longer free of his ability, the BusOK is free to terminate the agreement and terminate with immediate effect or cancel the order or agreement without any obligation on its part to pay any damages or compensation. The claims of BusOK on the Other Party are immediately due.
7. If the Other Party canceled or canceled an ordered order, the goods ordered or prepared, together with any delivery and delivery costs thereof and the working time reserved for execution of the agreement, will be fully charged to the Other Party. are being brought.
1. BusOK is not obliged to comply with any obligation to the Other Party if he is hampered for this reason as a result of a circumstance that is not due to debt, neither due to legal act or traffic in his opinion Comes.
2. Under these terms and conditions, under these terms and conditions, in addition to what is dealt with in law and jurisprudence, all of the causes, provided or not provided for, which BusOK can not influence, but which makes BusOK unable to fulfill its obligations to come. BusOK also has the right to invoke force majeure if the circumstance that prevents (further) compliance with the agreement occurs after BusOK has been required to fulfill its commitment.
3. BusOK may suspend the obligations under the agreement during the period of force majeure. If this period lasts longer than two months, each of the parties is entitled to dissolve the agreement, without obligation to compensation for damage to the other party.
4. If, at the time of the commencement of force majeure, BusOK has partially fulfilled its obligations under the agreement, or is able to comply with it, and is fulfilled by its registered office, BusOK is entitled to comply with it or to comply with it. Partitioning separately. The Other Party is required to comply with this invoice if there is a separate agreement.
Payment and collection costs.
1. Payment must always be made within 14 days after the invoice date, in a manner to be indicated by BusOK in the currency in which it is invoiced, unless otherwise indicated by BusOK in writing. BusOK is entitled to periodically invoice.
2. If the other party fails in the timely payment of an invoice, the other party is in default in default. The other party is then due interest. In the case of consumer purchases, the interest rate is equal to the statutory interest rate. In other cases, the Other Party is subject to a interest rate of 2% per month, unless the legal interest rate is higher, in which case the statutory interest is due. Interest on the payable amount will be calculated from the moment that the Other Party is in default until the full amount due.
3. BusOK has the right to make the payments made by the Other Party in the first place, deducting costs, then deducting interest accrued and finally deducting principal and current interest.
4. BusOK may, without default, refuse an offer for payment if the Other Party designates another order for the payment of the payment. BusOK may refuse full repayment of the principal if it does not include the accrued and current interest and collection costs.
5. Objections to the amount of an invoice do not suspend the payment obligation.
6. If the Other Party is in default or in default in the (timely) fulfillment of its obligations, all reasonable costs for obtaining compensation will be paid out of court by the Other Party. The extrajudicial costs are calculated on the basis of what is currently common in Dutch debt collection practice, currently the calculation method according to Rapport Voorwerk II. However, if BusOK made higher costs for debt collection that were reasonably necessary, the actual costs incurred for reimbursement would be eligible. Any court and execution costs incurred will also be recovered from the Other Party. The other party is also subject to interest on the due collection charges.
Retention of title.
1. All transactions delivered by BusOK under the agreement remain the property of BusOK until the Other Party has fully complied with all the obligations of the BusOK agreement.
2. Goods delivered by BusOK, which are covered by paragraph 1 under the terms of title, may not be resold and may never be used as a means of payment. The Other Party is not authorized to pledge or otherwise object to the matters under title.
3. The other party must always do anything that may reasonably be expected of him to safeguard BusOK's proprietary rights.
4. If third parties attach confiscation to the goods delivered under title reservation or to settle or apply rights thereon, the Other Party is obliged to immediately notify BusOK thereof.
5. The Other Party undertakes to insure the goods delivered under title reservation and to insure against fire, explosion and water damage as well as theft and the policy of this insurance at first request to BusOK for inspection. In case of insurance coverage, BusOK is entitled to these penalties. As far as necessary, the Other Party commits itself to BusOK in advance to assist in all the necessary or desirable measures in that context.
6. In the event that BusOK is entitled to exercise ownership rights referred to in this article, the Other Party shall in advance grant unconditional and non-revocable permission to BusOK and to designate BusOK third parties to enter all those places where the properties of BusOK are located and those matters to take back.
Guarantees, research and advertising.
1. The goods to be delivered by BusOK comply with the usual requirements and standards that can be reasonably set at the time of delivery and for which they are intended for normal use in the Netherlands. The warranty mentioned in this article applies to items intended for use within the Netherlands. When used outside of the Netherlands, the Other Party must verify whether its use is suitable for use there and whether it complies with the conditions imposed on it. BusOK may, in that case, make other warranty and other terms in respect of the business or work to be performed.
2. The guarantee referred to in paragraph 1 of this Article shall apply for a period of 3 months after delivery, unless otherwise agreed by the parties or parties agreed otherwise. If the guarantee provided by BusOK concerns a third-party product, the warranty is limited to that provided by the manufacturer of the case unless otherwise stated. After the warranty period expires, all costs for repair or replacement, including administration, shipping and handling costs, will be charged to the Other Party.
3. Any form of warranty will expire if a defect arises as a consequence of or arising from improper or improper use or installation thereof or use after expiry date, improper storage or maintenance by the Other Party and / or third parties when, without written Permission of BusOK, the Other Party or third parties have made or attempted to make changes to the case, confirmed otherwise, which should not be confirmed or if they were processed or processed in a manner other than the prescribed manner. The Other Party shall not be entitled to warranty if the defect is caused by or due to circumstances where BusOK can not influence, including weather conditions (such as, but not limited to, extreme rainfall or temperatures) etc.
4. The Other Party is obliged to investigate the delivered, immediately when the business is made available to him and the relevant work has been carried out. In addition, the Other Party should investigate whether the quality and / or quantity of the delivered is in accordance with what has been agreed and meets the requirements agreed upon by the parties in this regard. Any defects must be reported to BusOK in writing within 2 months of discovery. The report should contain as detailed a description of the defect, so that BusOK is able to respond adequately. The Other Party should give BusOK the opportunity to investigate a complaint.
5. If the Other Party advertises on time, this does not endorse its payment obligation. In that case, the Other Party will also be held to decline and pay for the other items ordered, unless it is self-worth.
6. If a defect is reported later, the Other Party will not be entitled to repair, replacement or compensation unless the nature of the case or the other circumstances of the case results in a longer term.
7. If a case is found to be inaccurate and timely recalled, then BusOK will disclose the defective case within a reasonable time after receipt thereof or, if return is not reasonably possible, written notice regarding the defect by the other party of your choice From BusOK, or take care of recovery or compensate for the other party. In case of replacement, the Other Party is held to return the replaced case to BusOK and to provide its property to BusOK unless BusOK indicates otherwise.
8. If it is found that a complaint is unfounded, the costs will be incurred, including the costs incurred by the applicant, as a result of the cancellation by the Other Party.
1. If BusOK should be liable, then this liability is limited to what is governed by this provision.
2. BusOK is not liable for any damage whatsoever arising from BusOK assuming incorrect and / or incomplete data provided by or on behalf of the Other Party.
3. BusOK is exclusively liable for direct damage.
4. Direct damage is only understood as:
-The reasonable costs for determining the cause and extent of the damage, in so far as the determination relates to damage within the meaning of these conditions;
- made any reasonable costs to answer BusOK's inadequate performance to the agreement, as much as they can be attributed to BusOK;
Reasonable costs incurred to prevent or limit damage, insofar as the Other Party demonstrates that these costs have resulted in the limitation of direct damage as provided for in these Terms and Conditions.
5. BusOK is never liable for indirect damage, including consequential loss, loss of profits, lost savings and damage due to company or other stagnation. In the case of consumer purchases, this restriction does not extend beyond that permitted under section 7:24 paragraph 2 of the Dutch Civil Code.
6. If BusOK should be liable for any damage, BusOK's liability is limited to a maximum of twice the invoice value of the order, at least to that part of the order covered by the liability.
7. The liability of BusOK is in any case always limited to the amount of his insurer's benefit where applicable.
8. The liability limitations contained in this article do not apply if the damage is due to intent or gross negligence of BusOK or its senior subordinates.
1. By way of derogation from the statutory limitation periods, the limitation period of all claims and remedies against BusOK and the third party involved by BusOK in the execution of a contract shall be one year.
2. The provisions of paragraph 1 shall not apply to legal proceedings and defenses based on facts that would justify the statement that the delivered case would not correspond to the agreement. Such claims and remedies will last for two years after the other party has notified BusOK of such non-compliance.
1. The risk of loss, damage or impairment is reversed to the Other Party at the time when business is brought into the power of the Other Party.
1. The Other Party indemnifies BusOK for any third party claims which, in connection with the performance of the agreement, suffer damage and the cause of which is attributable to BusOK other than that.
2. If BusOK was to be used by third parties for this purpose, then the Other Party is obliged to assist BusOK both outside and in law and without delay doing anything that may be expected of him. Should the Other Party fail to take appropriate action, BusOK shall be entitled to do so without notice. All costs and damages incurred by BusOK and third parties will be fully and indirectly at the expense of the Other Party.
1. BusOK reserves the rights and powers granted to it by virtue of the Copyright Act and other intellectual laws and regulations. BusOK has the right to use the knowledge increased by the execution of an agreement for other purposes, insofar as no strictly confidential information of the Other Party is brought to the notice of third parties.
Applicable law and disputes.
1. All legal relationships with which BusOK is a party is governed exclusively by Dutch law, even if a commitment is made in whole or in part abroad or if the party involved in the legal relationship is resident there.
2. The parties will first appeal to the judge after making every effort to settle a dispute by mutual agreement.
Location and modification conditions.
1. These terms and conditions have been deposited with the Chamber of Commerce of South Limburg, based in Maastricht.
2. Applicable is always the latest registered version or the version as it was at the time of the establishment of the legal relationship with BusOK.
3. The Dutch text of the terms and conditions always determines the explanation thereof.