20078RWL-AlgemeneVoorwaarden Parts 2020 - Flipbook - Page 1
Riwal Hoogwerkers BV
established in Dordrecht
Chamber of Commerce 23055811
TERMS & CONDITIONS
1.
1.1.
2.
2.1.
2.2.
2.3.
2.4.
2.5.
3.
3.1.
3.2.
3.3.
3.4.
3.5.
4.
4.1.
Version 2020.1
4.2.
DEFINITIES
In these Terms & Conditions, capitalized terms shall have the following
meaning:
(a) Terms & Conditions: these terms and conditions of the Seller.
(b) Contract: any agreement pursuant to and/or orders upon which the
Seller sells Parts to the Buyer.
(c) Dispute: any dispute arising in connection with these Terms &
Conditions or with any Contract or subsequent contracts resulting
therefrom, including disputes relating to the existence, validity and/or
termination thereof.
(d) Buyer: the party requesting, ordering, buying, and/or receiving Parts
sold by the Seller.
(e) Parts: all (spare) parts and other products offered by Seller, whether
or not through the Web shop.
(f)
Party: the Seller or the Buyer as the case may be.
(g) Parties: the Seller and the Buyer collectively.
(h) Seller: Riwal Hoogwerkers BV.
(i)
Web shop: the Seller’s web shop, accessible via
www.myriwalparts.com.
APPLICABILITY OF THE TERMS AND CONDITIONS
These Terms & Conditions apply to all Contracts, as well as to all
requests, quotations, offers, instructions, orders, order con昀椀rmations and
other transactions among Parties in relation to the sale and delivery of
Parts to the Buyer.
The Contract and the Terms & Conditions constitute the whole and only
agreement and understanding between Parties in relation to its subject
matter. Any reference to applicability of terms & Conditions of the Buyer is
explicitly waived by the Seller.
Any deviations from these Terms & Conditions can only be agreed in
writing by the Parties.
In the event that the terms of the Contract deviate from the Terms &
Conditions, the terms of the Contract shall prevail.
If any provision of these Terms & Conditions is null and void or annulled,
the remaining provisions shall remain in full force and effect. The Seller
shall provide new provisions as replacement of the void or nulli昀椀ed
provisions, whereby if and so far as possible the purpose and purport of
the original provision will be taken into account.
5.
5.1.
5.2.
6.
6.1.
6.2.
6.3.
6.4.
7.
7.1
OFFERS AND QUOTATIONS
All offers and quotations made by the Seller are non-binding and can
be revoked at any time. All prices in offers and quotations of the Seller
are shown in euros and exclusive of dispatch, insurance, transport, and
postage costs, unless stated otherwise.
Catalogues, notes, prospectuses, descriptions, dimensions, charts,
images, etc. are non-binding in relation to any modi昀椀cations and
improvements. The offer of Parts, whether or not through the Web shop,
has been composed with great care. Seller makes every effort to ensure
that the data is complete and accurate. Obvious errors and/or spelling
mistakes in images, drawings, descriptions, dimensions and weights,
prices, or other indications the Seller mentions are not binding on the
Seller.
The contract shall be concluded after an order of the Buyer (whether
or not through the Web shop) is con昀椀rmed by the Seller by means of a
message (generated automatically or not).
If after the realisation of the Contract, the Seller is faced with additional
costs due to price increases of Parts, labour costs, import and/or export
duties and/or taxes of any kind, or costs caused by currency changes,
the Seller is entitled to pass on such increase to the Buyer by making a
new offer. The Buyer has the possibility to accept or refuse such new offer
within the period speci昀椀ed in the new offer.
The Seller reserves the right to change, refuse, or cancel a placed order at
all times without giving any reason. Seller shall inform the Buyer as soon
as possible of the change, refusal of cancellation in question. If the Seller
decides to change, refuse, or cancel a placed order, the Seller is in no way
obliged to pay any compensation to the Buyer.
7.2
PAYMENT
All payments made to the Seller by the Buyer under a Contract shall be
made in euros, strictly net and prior to delivery, unless otherwise agreed.
If a C.O.D. shipment is refused, the Buyer is obliged to reimburse the
Seller for all costs arising from this.
8.3.
7.3
7.4
7.5
8.
8.1.
8.2.
INTEREST AND COLLECTION
If the Buyer fails to pay any amount in accordance with article 4, the Seller
is entitled to declare the Buyer in default and if no payment has been
received from the Buyer within the term of 7 (seven) days after the date of
the aforementioned default notice, all claims for payment of the relevant
outstanding amount shall be immediately due and payable in full to the
Seller. In addition, the Buyer shall be obliged to pay to the Seller interest of
1.5% (one and a half per cent) per month with respect to the outstanding
amount until the date of payment in full, notwithstanding any other rights
the Seller may have under the Contract, these Terms & Conditions or
applicable law.
Any (extrajudicial or other) costs incurred by the Seller in relation to the
collection of any amount (including but not limited to legal expenses,
damages and/or penalties) shall be borne by the Buyer.
OWNERSHIP AND RISK
The Parts sold by the Seller to the Buyer shall be for the risk of the Buyer
from the time of delivery.
The ownership of the Parts sold and delivered by the Seller to the Buyer
remains with the Seller until any and all payment obligations of the Buyer
to the Seller have been settled in full.
As long as the Seller is the owner of the Parts sold by the Seller to
the Buyer, the Buyer shall not sell, rent, withhold, exercise any right of
retention or otherwise dispose of in any manner, or encumber the Seller’s
ownership of such Parts. During the Seller’s retention of ownership, the
Buyer is entitled to process the Parts in accordance with their normal
business operation.
If third parties seize any Parts subject to retention of title or wish to
establish or assert any right to such Parts while the Seller has ownership
of such Parts, the Buyer shall (i) immediately inform the Seller thereof
in writing, (ii) provide the Seller with a copy of the available documents
concerning such seizure and (iii) inform such third party in writing that the
Seller has ownership of such Parts.
SUPPLY AND DELIVERY TIMES
Delivery times are speci昀椀ed as accurately as possible. Exceeding the
delivery time can never, not even after notice of default, give rise to a
claim for compensation. In the event of a late delivery, the Buyer shall not
be entitled to cancel the Contract or to refuse or return the Parts.
Cancellation prior to dispatch shall require the explicit written consent of
the Seller. All related costs shall be borne by the Buyer.
All goods shall be transported for the account and risk of the Buyer, unless
otherwise agreed. The most suitable and economical way will be chosen
for shipping. Transport damage to packaging must be stated by the Buyer
on the waybill and must also be reported in writing to the Seller. Damage
to the Parts, incorrect deliveries and/or insuf昀椀cient quantities must be
reported in writing by the Buyer to the Seller within 24 hours or on the 昀椀rst
working day following delivery.
If the Buyer refuses to take delivery or fails to provide information or
instructions necessary therefor, the Parts will be stored at the risk of the
Buyer. In that case, the Buyer shall be liable for any additional costs,
including, in any case, the storage costs.
The Seller is entitled to deliver an order for Parts in partial deliveries. If an
order for Parts is delivered in partial deliveries, the Seller is authorized to
invoice each part of the order separately.
WARRANTY AND COMPLAINTS
For the Parts delivered by the Seller, the Seller does not provide any
warranty other than the warranty given to the Seller by the manufacturer
of such Parts. New Parts are delivered with a warranty period of 6 (six)
months after delivery, or the warranty period of the relevant manufacturer,
if longer. All other conditions of the warranty are in conformation with
the applicable conditions of the manufacturer. These can be consulted
for each manufacturer on the Seller’s website via this hyperlink to the
warranty conditions.
Any and all used, or second-hand, Parts sold to the Buyer are sold “as is”,
without any form of warranty.
The Parts must be checked by the Buyer upon delivery with respect to
visible defects and which (if any) must be reported to the Seller in writing
immediately after delivery. The Buyer must report defects not visible
upon delivery in writing to the Seller within 24 (twenty-four) hours of their
discovery, and in any event within 24 (twenty-four) hours after the time that
the Buyer should have reasonably discovered them.
riwal.com
