20078RWL-AlgemeneVoorwaarden Parts 2020 - Flipbook - Page 2
Riwal Hoogwerkers BV
established in Dordrecht
Chamber of Commerce 23055811
8.4.
8.5.
8.6.
8.7.
8.8.
9.
9.1.
9.2.
Complaints relating to the Parts shall be submitted, stating the order
number, packing note number, item number and stating the reasons. If
the periods mentioned in this article are exceeded, any claim by the Buyer
in connection with any defects shall be invalid. In the case of damage or
warranty, a photo can be requested by the Seller. The relevant Parts must
be available for inspection by the Seller. To return Parts, the Buyer must
submit a completed return form, which form will be made available by the
Seller upon request.
Complaints do not entitle the Buyer to suspend or refuse a payment.
Complaints found to be valid by the Seller lead to replacement or
reimbursement of the relevant Parts, at the Seller’s discretion and with
explicit exclusion of reimbursement of labour costs or the like.
If Parts are replaced in case of a defect which is covered by the warranty
(i) the original warranty period is not extended upon such replacement
and (ii) the Buyer shall return any replaced Parts to the Seller to enable
the Seller to make a claim under the guaranty of the manufacturer of the
relevant Parts. In case of any warranty claim by the Buyer, the Buyer shall
(a) reasonably assist the Seller and (b) provide all such information and
documents to the Seller, to enable the Seller to make a claim under the
warranty of the manufacturer of the relevant Parts.
If the Buyer (i) fails to inform the Seller of any defects in accordance with
this Clause 8, (ii) in whole or in part disassembled the Parts, (iii) in whole
or in part made any (technical or other) adjustments or modi昀椀cations to
the Parts, or (iv) carried out repairs or performed other work to the Parts
without the prior written approval of the Seller, any warranty claim of the
Buyer shall lapse.
For damage as a result of faults in delivered Parts, only the liability as
included in article 9 (Liability) of the Terms & Conditions applies.
LIABILITY
The liability of the Seller is limited to compliance with the warranty set
forth in Clause 8 of these Terms & Conditions. The Seller shall not be
liable to the Buyer or any third parties at any time for incidental, indirect, or
consequential damages or damages resulting from product liability.
If the Seller is liable for damages to the Buyer, such liability shall be limited
to the amount paid out to the Seller under the manufacturer’s warranty in
respect of the relevant Parts.
10.
TERMINATION
10.1. A Contract may be terminated by the Seller for a breach of Contract by the
Buyer, provided that due notice has been given to the Buyer of the alleged
breach and such breach has not been cured within 14 (fourteen) days
thereof.
10.2. Upon the termination of a Contract, all rights and obligations of the Parties
hereunder shall cease, except for (i) the obligation of the Buyer to pay any
amounts due, or becoming due, as of, or after the date of, termination,
including the (reasonably determinable) direct loss suffered by the Seller
as a result of termination of the Contract (ii) any other obligation set forth
in these Terms & Conditions or in a Contract which is to stay in effect after
the date of termination and (iii) the provisions of Clause 7 (Delivery) and
Clause 12 (Applicable law and jurisdiction) of these Terms & Conditions.
11.
11.1
11.2
11.3
12.
12.1
Version 2020.1
12.2
FORCE MAJEURE
In these Terms & Conditions, the term force majeure will be taken to
mean, in addition to its de昀椀nition in law and legal precedent, all external
causes, foreseen or unforeseen, which the Seller cannot in昀氀uence , but as
a result of which the Seller is unable to perform its obligations, strikes in
Seller’s company included.
During force majeure, the delivery and other obligations of the Seller are
suspended. In the event that the period in which the Seller is unable to
ful昀椀l its obligations due to force majeure lasts more than 2 months, either
party shall be entitled to dissolve the Contract, without any obligation to
pay compensation in that case.
In the case that the Seller has already ful昀椀lled part of its obligations when
the force majeure occurs, or can ful昀椀l only part of its obligations, it shall
be entitled to invoice the part already delivered or deliverable separately
and the Buyer shall be obliged to pay this invoice as if it were a separate
Contract.
APPLICABLE LAW AND JURISDICTION
These Terms & Conditions and any Contract shall be governed exclusively
by and construed in accordance with Dutch law to the exclusion of the
Convention on Contracts for the International Sale of Goods.
All Disputes will be referred exclusively to and shall be 昀椀nally settled by
the competent courts of Dordrecht, the Netherlands. This Clause 12.2
is for the bene昀椀t of the Seller only, such that the Seller shall never be
prevented from taking proceedings relating to a Dispute in any other
courts with jurisdiction.
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