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  1. On every legal relationship between Carmar B.V. and the counterparty there are exclusively the present conditions applicable. Any conditions from the counterparty are not applicable, unless Carmar B.V. explicitly written otherwise agreed with the other party.
  1. A to the counterparty, given by Carmar B.V., given quotation is by operation of law cancelled after a process of 21 days from the day on the quotation was sent, unless otherwise is written on the quotation.
  2. All the extra costs, that through Carmar B.V. should be made due to delay on instruction from the counterparty, or because of to less instructions, or change in the quotation, or more working hours because of this will be added to the agreed price and should be paid by the counterparty.
  3. A delivery time stated by Carmar B.V. is without charge. To a possible exceedance from the delivery time by Carmar B.V. is the counterparty not able to derive rights. Every delivery is done on a, decided by Carmar B.V., location. Carmar B.V. is entitled to deliver in parts that are able to be invoiced.
  4. Carmar B.V. is not responsible for delay by the delivery as a consequence by, war, disturbances, restrictions form the government, strikes, work exclusions, model actions, fire, accidents, less tools or parts, delay in the delivery, compulsory compliance with measures taken by the government, every other cause, that Carmar B.V. not in power was to avoid.
  5. When a quotation from Carmar B.V. contents inspections or samples on the products or affairs, then they will be carried out by the manufacturer from the affairs and the outcomes of these inspections or samples are compulsory for both parties, unless otherwise agreed.
  6. All cases that exhibit manufacturer errors will be sent back, will be accepted by Carmar B.V., provided that this is be reported in a term from 8 days written. These products will be replaced or in our option repaired without any costs. There will be no costs for the made wages, extra or other costs, unless the receiver has a written permission for the made costs. Carmar B.V. is not responsible for parts that lost or be broken as result of the actions from the counterparty.
  7. Freight tickets serve in respect of the carrier to be noted with ‘content not checked’ if control is not possible upon receipt. Shortages of damages should be reported within 3 days after receiving the cases from the carrier and any not delivery within the 7 days. In both cases the carrier should be written responsibility be asked. Counterparty please report irregularities regarding to the above to Frits Dijk International BV, if the counterparty fails, implementation to the given, the consequences are for invoice and risk.

 

  1. The counterparty should compensate Carmar B.V. against al the damages, fines and costs common from an extension on a patent or a protected design, that Carmar B.V. could make by carrying out the order
  1. All the orders will carried out according to the following conditions:
    1. Delivery costs are €8,00 Excl. VAT, for packages till 31,5KG in the Netherlands, unless otherwise stated.
    2. Delivery costs for a euro pallet are €38,00 Excl. VAT. in the Netherlands, unless otherwise stated.
    3. Payment terms are proven per customer when writing separately established and the counterparty commits by giving up the order to comply with this.
    4. If the counterparty will not pay in the term of payment, the counterparty is obligated to pay a default interest of 2% per calendar month. Where the a part of a calendar month counts as a whole month.
    5. Each time afterwards a calendar year, the amount where the default interest is being counted will be propagated with the due default interest.
    6. When an invoice is not satisfied in the agreed payment term, the counterparty to Carmar B.V. owing to pay for all the costs, inclusive the collections costs.
    7. If the client is a consumer, all the collection costs will be charged according to ‘’Het besluit vergoeding voor buitengerechtelijke incassokosten’’, like it is called in lid 4 from article 6:96 BW. Hereby is determined that the case interrelation has on out of agreement arising commitment till a payment for the case.

The applicable rates for the collection costs:

  • Minimum rate; €40,00
  • 15% over the first; €2.500,00
  • 10% over the following; €2.500,00
  • 5% over the following; €5.000,00
  • 1% over the following; €190.000,00
    0,5% for the multiple of the principle amount, with a maximum of €6.775,00
  1. If the client is a legal person, or a natural person who is acting for a job or company there will be made a claim to extrajudicial collection costs of 15% to the principle amount due, with a minimum of €75,00.
  2. Guarantee provisions are different per product. You can find these on the website of Carmar B.V. http://www.carmar.nl.
  3. Carmar B.V. does not give warranty on sales. This is always noted on the invoice.
  1. The counterparty should keep commits accurate to the mount and installation instruction from Carmar B.V. or the installations done by Carmar B.V.. If the counterparty fails to comply, every right to a compensation will fall.

 

  1.  The counterparty is not competent to suspend and/or to settle any payment with any progress on Carmar B.V.
  2. At first request from Carmar B.V. the counterparty required to the payment obligations.
  3. Carmar B.V. remains the owner of all the sold cases till the counterparty meets the consideration. As long as the considerations are not satisfied, Carmar B.V. will stay the owner of all the products and cases. Carmar B.V. remains competent to take all her properties, at all times, back. Under obligations to calculate this with the earlier done payments.
  4. Carmar B.V. keeps the right for prizes, also for the assignments and the adjustment of quotations if there are amendments in the currencies from countries where the assignments are produced or wherefrom the raw materials for the production come from. Costs for additions and/or amendments from the assignments or agreement are for the bill from the counterparty. This price is without turnover tax.
  5. Carmar B.V. is not responsible against the counterparty for made damages, unless the damages are made purposely or gross debt from the side of Carmar B.V.. The liability for the damages are in no vase bigger than the invoice amount that Carmar B.V. calculated to her counterparty.
  6. Till the counterparty the due integral has met too Carmar B.V., Carmar B.V. stays the owner from the sold products to the counterparty. As long as all the products or cases are not paid, Carmar B.V. has the right to claim her products on a respective way, and take them back.
  7. Any unconnecting provisions in these general conditions for sale do not do anything about the legal validity for the other provisions.
  8. The general conditions for sale are available in the Dutch language and will be sent on the first request, without any costs.
  9. On the legal relationship between Carmar B.V. and the counterparty is exclusively in the Dutch law applicable. The provisions from the Viennese purchase treaty are because of this no longer applicable.
  10. All the disputes between Carmar B.V. and the counterparty will be proposed to the Court ‘s-Hertogenbosch. Carmar B.V. reserves however always the right to submit a dispute to the Court from the location or place of living from the counterparty.

Deposited by the Chamber of Commerce in Eindhoven