General purchasing conditions

Unless expressly agreed otherwise, the supplier shall be deemed to have accepted these general purchase conditions, even if the supplier's terms of delivery deviate from them.

All prices are fixed and apply free at the place of delivery, excluding sales tax and including proper packaging. Price increases resulting from additional deliveries can only be passed on if they have been accepted by us in writing in advance. Prices must be quoted in Euro; settlement of exchange rate differences is not possible.

The supplier is obliged to strictly adhere to the date specified in the order. In case of exceeding, without prior acceptance by us, we reserve in all cases the right to cancel the order in whole or in part, without notice of default or judicial intervention and without prejudice to our other legal rights.

The place of delivery is indicated in the order. In the event of incorrect addressing by the supplier, the supplier shall bear the multiple freight costs. If prices have been agreed "ex-factory", deliveries must nevertheless be made carriage paid, in which case freight charges may be charged. If the goods are picked up by or on behalf of us, the supplier shall provide assistance in loading without charging any costs for such assistance

For deliveries carriage paid, the risk of transport damage shall be borne by the supplier.

Transfer of ownership and risk shall take place as soon as the goods are received by us. In the event of rejection, ownership and risk of the goods in question shall rest with the supplier from the date of dispatch of the relevant notification to the supplier.

All invoices must be submitted in duplicate. Failure to comply with the request stated in the order to send shipping advice and packing lists to the prescribed addresses, as well as failure to complete these documents in full, with all necessary data, such as reference numbers, etc., may result in a delay in payment.

All goods made available by us to the supplier for the execution of an order shall be sent carriage paid and shall remain our property under all circumstances.
Damage to goods made available by us shall be borne by the supplier.

All drawings, moulds, etc. made available by us shall remain our property and must be returned to us immediately upon completion of manufacture.
Supplier shall neither use them nor cause or permit them to be used by third parties for or in connection with any purpose other than making the delivery to us, unless we have given our express prior written consent. 

Neither receipt nor payment of the goods shall constitute acceptance. Should it appear that the goods do not meet the requirements described in the order and/or specification, we shall be entitled to cancel the order in whole or in part without notice of default or judicial intervention and without prejudice to our other statutory rights.

The delivered goods must comply with the agreement. It must possess the properties that we may expect on the basis of the agreement, in particular the properties required for normal use of the goods, the presence of which we need not have doubted, as well as the properties required for a special use provided for in the agreement. The supplier is obliged to remove all faults and defects at our first request, either by repair or replacement, at our discretion. In the event of non-compliance with this by the supplier, we shall be entitled to perform the necessary work or have it performed by third parties at the supplier's expense and risk.

The supplier is liable for all damage caused to or by the delivered goods as a result of faults or defects in the delivered goods, in accordance with the above-mentioned guarantee, as well as in accordance with the rules of Dutch civil law. The liability also extends to damage caused by exceeding the delivery time, damage to goods of third parties, trading loss and other indirect damage incurred by us or third parties. The supplier shall indemnify us against liability towards third parties and shall compensate us if necessary.

The supplier guarantees that the goods to be delivered to us by him do not infringe any industrial property rights of third parties and indemnifies us against all claims made against us on this account. Supplier shall compensate us for all costs, damages and interest resulting from any infringement.

Unless a complaint is made by us after receipt of the goods about quality or quantity of the delivered goods, payment shall be made within 30 days after receipt of invoice. Advance payments are not made by us unless otherwise stated in the order. In that case, all prepayments made shall be considered a loan to the supplier until the order is delivered in full.
A bank guarantee must be provided for advance payments. Invoices, which in our opinion contain insufficient data for processing, such as order numbers etc. will be returned by us for completion.

All identification requirements specified in the order or on the drawing item lists shall be strictly adhered to and clearly displayed; the supplier may be required to still perform such identification at the delivery address if the above is not complied with.

All disputes, including disputes which are only considered as such by one of the parties, will, insofar as they exceed the competence of the cantonal court, be judged by the District Court in Leeuwarden. Dutch law shall always apply to an agreement concluded in whole or in part pursuant to these terms and conditions.