Terms and Conditions
GENERAL CONDITIONS DB-Hengel & Schietsport (KvK 17139645)
Article 1. GENERAL
1.1. These conditions apply to all offers and agreements of purchase / sale of goods and / or of orders and services (including repair work) from DB.
1.2. Additions or decisions to these terms must be in writing and apply only to that agreement for which they are made.
1.3. The rights and obligations under agreements between DB and the other party cannot be transferred by the other party to third parties, unless with written permission from DB.
Article 2. OFFERS
2.1. All offers are without obligation and have a validity of 8 weeks, unless otherwise stated in writing. An offer containing a term can nevertheless be revoked by DB, even after receipt of the order or order, provided that it is within 5 working days of receipt of that order or order.
2.2. Quantities, weights, measurements, prices, etc. stated in price lists, quotations and other documents are for information purposes only. DB have no approximate designation and binding.
Article 3. AGREEMENTS
3.1. An agreement is only deemed to have been legally established after DB has confirmed the order or order for repair work in writing or has started the execution of the order or order for repair work. The content of the agreement is determined by DB’s offer and / or order confirmation and these general terms and conditions.
3.2. If – after the order has been given – changes are still required in the performance thereof, an order for additional work will be provided, the other party must confirm this in writing. Changes to the actual order or assignment, of whatever nature, must be confirmed in writing by DB. The originally determined delivery period will lapse due to the change.
Article 4. PRICES
4.1 All quotations and the prices that DB charges are valid at the time of the offer or the conclusion of the agreement, and ex warehouse / workshop in Helmond, excluding VAT and other costs falling on the agreement, such as levies , overtime surcharges (25%) and rates in Euros. (€), unless stated otherwise. Additional costs are associated with deliveries to the elderly, at the request of the other party. If delivery has taken place, the materials are further the responsibility of the buyer. A shipment is made in the manner indicated by DB. If the other party wishes to receive a shipment differently, such as, for example, by express or express shipping, the extra costs are associated with this at the expense of the other party.
4.2. If the delivery changes in one of the price-determining factors, DB is entitled to adjust the prices accordingly, even if the agreement has been concluded in the meantime.
4.3. If the conclusion of the agreement has changed the prices of materials, taxes and / or other factors that also determine the price of the goods and / or services, DB is entitled to implement these price changes. Price changes of more than 10% give the other party the right to terminate the agreement, provided that this is done in writing and within seven days of receipt of the relevant one. A termination as aforementioned does not entitle the other party to compensation for any damage.
Article 5. PAYMENT
5.1. Payment must be made in cash on delivery without discount or compensation, unless otherwise specified in writing. For purchases on account or invoicing through an invoice, after explicit consent from DB, a payment term of 14 days after the invoice date applies.
5.2. The other party is in default after the payment term referred to in paragraph 1 of this article has expired without a notice of default being required, regardless of whether or not the exceeding of the other party can be attributed.
5.3. Without prejudice to its further rights, DB is then authorized to calculate the outstanding amount of 1.5% per month for part of a month, to be calculated from the relevant due date.
5.4. All extrajudicial and judicial costs incurred by DB in the context of a dispute with the other party, both claimant and defendant, will be borne by the other party.
5.5. Incoming payments serve to settle the oldest outstanding item interest and costs, even if the other party confirmed otherwise.
5.6. When delivered on consignment, 15% of the determined purchase amount will be charged and paid by the other party.
Article 6. CANCELLATION
In the event of cancellation by the other party, all costs incurred by DB with regard to the order or order and the loss of profit will be immediately due and payable, with a minimum of 10% of the principal sum, all of which must be increased for as much as necessary, with any by DB as a result of the damage suffered.
Article 7. DELIVERY TIME, DELIVERY, RISK
7.1. The delivery period stated or agreed in the offer and / or the order confirmation does not count as a strict deadline and is only indicated approximately, even if it has been expressly accepted by the other party. In the event of late delivery, DB is therefore only in default after written notice of default.
7.2. The stated or agreed delivery period is in any case, but not exclusively, automatically extended by the period (s) during which: – there is a delay in manufacture and / or shipping and / or assembly and / or any other execution temporarily hindering circumstance, regardless of whether this DB can be attributed; – the other party fails to fulfill one or more obligations towards DB or there is a well-founded fear that he will fall short, regardless of whether the reasons for this are justified or not; – the other party does not enable DB to execute the agreement; This situation occurs, among other things, if the other party fails to notify the place of delivery or to provide information, items or facilities required for the execution.
7.3. The other party must receive and check the goods or services purchased from DB (see warranty). If these goods are refused by the other party or delivery proves impossible, the goods will be stored by DB, at the expense and risk of the other party. The costs for storage are for the account of the other party. DB will claim performance, but reserves the right to terminate the agreement without judicial intervention, without prejudice to DB’s right to compensation.
Article 8. REPAIR WORK
8.1. Unless otherwise agreed, normal commercial quality of the materials is supplied and processed.
8.2. Goods that DB must remove during the work may, if desired, fall to it, possibly subject to fair compensation.
8.3. Slight deviations in quality etc. do not give cause for rejection. An average must be taken from the delivery when assessing whether a delivery deviates outside the permitted limits.
8.4. Minor changes (eg minor model changes) of or to the articles supplied by DB do not give cause for rejection.
8.5. In the event of a delay in repair work that is not attributable to DB, all resulting damage and costs – including lost time – are for the account of the other party.
8.6. Any additional work not covered by the assignment will be invoiced by DB as additional work for the hourly wages applicable at that time, including profit mark-up.
8.7. DB is entitled to outsource the assignment or parts thereof to third parties that are not employed by DB without the permission of the other party.
8.8. When a weapon is transferred to DB for repair or for any other reason, the other party will receive a statement from DB being “weapons in custody”. When the weapon – after repair – is picked up by the other party, the weapon will only be released only after the declaration “weapons in custody” is submitted and returned to DB.
Article 9. WARRANTY / ADVERTISING
9.1. The manufacturer’s warranty applies to all products supplied by DB and manufactured by third parties, as granted by the respective manufacturer or supplier. DB guarantees that all items are suitable and legally permissible for the purpose for which they are intended, that they are in accordance with the agreed specifications and that these items are free from material and manufacturing defects.
9.2. Subject to the provisions under 9.3, DB grants the other party a two-month warranty on the repair work performed by DB, taking into account the restrictions as formulated in these general terms and conditions.
9.3. Any warranty expires when using reloaded ammunition.
9.4. Complaints are not possible if: – the delivered goods have one or more imperfections or deviations that fall within a reasonable tolerance; – the goods have been used for a purpose other than for which they are normally intended or, in the opinion of DB, have been used, stored or transported improperly or repaired by the other party or a third party or other work has been carried out on the weapon supplied by DB ; – the damage was caused by the negligence of the other party (for example due to insufficient maintenance) or because the other party acted contrary to instructions, directions and advice from DB; – the other party has not fulfilled its obligations to DB (both financially and otherwise). – If different and / or more stringent requirements are imposed on the work and / or delivery performed than was known when the agreement was concluded.
9.5. If the other party complains with due observance of the provisions of the relevant agreement and these general terms and conditions, and its complaint is found to be well-founded by DB, DB will, at its option, replace the defective items (or parts thereof) free of charge (after which the replaced items become its property. ) or repair or redo the work or grant a price reduction.
9.6. Handling a complaint does not suspend the other party’s payment obligation.
9.7. If attention is paid to a complaint outside the cases described above, this will be done entirely without obligation and the other party cannot derive any rights from this.
Article 10. INSPECTION
All goods are checked by DB before delivery. The other party has, at its own expense, the right to inspect the goods before delivery on time and place determined by DB.
Article 11. NON-PERFORMANCE / DISSOLUTION / SUSPENSION
11.1. DB is authorized to dissolve the agreement in whole or in part or to suspend its execution with immediate effect, without judicial intervention, without prejudice to any other rights it may have (on performance and / or compensation), if: – the other party acts in contravention of any determination of the agreement between parties; – the other party dies, applies for a moratorium or files for bankruptcy; – bankruptcy of the other party is requested; – the other party’s business is shut down or liquidated; – a private agreement is offered; – any assets of the other party are seized; – the other party acts contrary to the law;
11.2. The provisions of paragraph 1 of this article apply mutatis mutandis if the other party, after being invited to do so in writing, has not provided adequate security within seven days in DB’s opinion.
Article 12. PROPERTY RESERVATION
12.1. Delivery takes place under retention of title. This reservation applies with regard to claims for payment of all goods delivered or to be delivered by DB to the other party under any agreement and / or in the context of the repair work performed, as well as with regard to claims due to the other party’s failure to comply with these agreements. .
12.2. In the cases referred to in article 11, paragraph 1, DB is authorized to take back the delivered goods that have remained its property in accordance with the previous paragraph of this article. Such a take-back counts as a termination of the agreement (s) concluded with the other party. The Counterparty irrevocably authorizes DB to remove the goods in question (or have them removed) where they are located.
12.3. The other party is authorized, if and insofar as necessary in the context of its normal business operations, to dispose of the matters on which the retention of title rests. If the other party makes use of this authority, it is obliged to deliver the goods subject to retention of title to third parties only subject to DB’s property rights. He is also obliged to grant DB a silent pledge on first request on the claims he has or will have on these third parties. In the event that the other party refuses to do so, this provision will apply as an irrevocable power of attorney to DB to effect this pledge.
Article 13. RIGHT OF RETENTION
DB is authorized to suspend the fulfillment of the obligation to issue an item of the other party, which it has in its possession in the context of an assignment, until DB’s claim with regard to that item has been paid in full, including interest and costs. , unless the other party has provided sufficient security for these goods.
Article 14. LIABILITY
14.1. DB is not liable for damage resulting from any shortcoming in the fulfillment of its obligation (s) towards the other party. The fulfillment of the obligations from warranty / complaint as described in article 9 above counts as sole and full compensation. Any other claim for damages, for whatever reason, is excluded, unless there is intent or gross negligence on the part of DB or senior subordinates.
14.2. Nor is DB liable for intent or (gross) negligence of (non-managerial) subordinates or of others that it has engaged in the context of the execution of the agreement.
14.3. DB does not accept any liability for advice given by or on behalf of it.
14.4. DB has the right to damage the other party at all times. The other party must be given DB the opportunity to do so, otherwise the liability and thus the compensation will lapse.
14.5. All legal liabilities lapse when using weapons and ammunition, other than for which it is intended, as well as in case of improper use of the weapon or use of incorrect ammunition.
Article 15. FORCE MAJEURE
15.1 Force majeure within the meaning of these general terms and conditions means any circumstance beyond the control and control of DB, whether or not foreseeable at the time of entering into the agreement, as a result of which performance cannot reasonably be expected from DB, such as war , government measures, lack of raw materials, factory or transport malfunctions of any kind, strikes, exclusion or lack of personnel, quarantine, epidemics, frost, third parties engaged by DB for the execution of the agreement ( such as late delivery by suppliers), etc.
15.2. Force majeure gives DB the right to either terminate the agreement in whole or in part, or to suspend the performance of its obligations, without being obliged to pay compensation. With regard to the already executed part of the agreement, the other party remains obliged to pay.
Article 16. CONFIDENTIALITY / INTELLECTUAL PROPERTY RIGHTS
16.1. The other party undertakes to maintain complete confidentiality of all data and information relating to DB or its company, both during and after termination of the agreement and the relationship between the parties, insofar as these data have been provided confidentially or are of an obviously confidential nature.
16.2. DB reserves all rights (intellectual property) with regard to the goods it supplies in the broadest sense of the word, in particular copyrights to all works as referred to in Article 10 of the Copyright Act. The other party undertakes not to violate or affect these rights in any way, directly or indirectly, by using or otherwise and acknowledging that DB is the entitled party in this respect.
Article 17. PARTIAL NULLITY
If one or more provisions from this agreement with the other party are not or not fully legally valid, the other provisions will remain in full force. Instead of the invalid provisions, an appropriate arrangement applies, which comes as close as possible to the intention of the parties and the economic result they pursue in a legally effective manner.
Article 18. PLACE OF COMPLIANCE, APPLICABLE LAW, COMPETENT COURT
18.1. DB’s place of business is the place where the other party must fulfill its obligations towards DB, unless mandatory provisions preclude this.
18.2. Dutch law is exclusively applicable to all offers and agreements from DB.
18.3. All disputes that arise as a result of the agreement concluded between the other party and DB or of further agreements that may result therefrom will be settled by the competent court.