Terms & Conditions
GENERAL TERMS OF SALES AND DELIVERY
I General | up ^
1.1. These general terms and conditions apply to all our agreements,
quotes and following agreements with Royal Bhaktapur, hereafter called
RB, unless we have not expressly deviated from them in writing.
1.2. The buyer in this agreement is defined any as legal body making an
agreement for, or representing a party to deal with RB. to make a
delivery or service.
1.3. The general sales and terms of delivery of a buyer a never to be
applied are valid for any contracts with RB. unless expressly accepted
in written by RB.
1.4. In case any of the terms of delivery does not cover the general
sales and the buyer does not accept any of the mentioned terms of
delivery from RB, both parties will seek for any valid and legal terms
to settle for. In all other cases the term of delivery from RB remain
valid.
II Quotes | up ^
2.1. All quotes by RB, irrespective of their form, are free of
engagement, unless we have explicitly determined otherwise. RB has
right to cancel any offer within 2 working days after quote has been
made.
2.2. Any offer, calculation or quote does implicate RB has settle for
an agreement with buyer or is legal representative, unless explicitly
mentioned otherwise.
2.3. In case an offer is made the maximum validity will not exceed 30
days from the day of the offer unless otherwise is agreed upon in
writing.
2.4. Mentioned prizes and services in folders, advertisements and other
promotion materials, orally or written are an indication of mentioned
services and prizes. These materials and promotions cannot be stated as
legally binding.
III Agreements | up ^
3.1. Both verbal as well as written agreements with RB will first take
effect after RB has accepted and confirmed the written engagement from
the buyer. Written conformation of and order will confirm a just and
correct agreement.
3.2. If a buyer confirms an order without previous offer or quote from
RB the agreement is valid only after RB has returned a written
conformation stating its terms and conditions.
3.3. Services of any size and contents for which no separate agreement
has been made are confirmed by bill or invoice, these bills or invoices
are clarifying the agreement clear and just.
3.4. Online-orders via Internet, by e-mail, telephone or fax are
legally accepted orders and are, size and quantity related confirmed in
written by RB..
3.5. Changes in the agreement are only valid after they are confirmed explicitly and legally written signed by RB.
IV Prices | up ^
4.1. RB quoted and invoiced prices are mentioned in Euro’s
including value added tax (VAT). RB will mention VAT separately on
quotes and invoices; therefore the customer is able to get a refund
from the tax authorities if requested. RB will not provide any services
for receiving tax refund. The prizes are based on a ground floor
delivery of the company RB If the order is indicating extra packing
charges and involving extra costs will be charged to the buyer.
4.2. RB is entitled – also in case of repeat orders – to
charge the prices prevalent on the day of delivery. Prizes are based
on, during the time of order, relevant prizes of materials, exchange
rates, wages and taxes etc. and cost of third parties necessary for
executing the order.
4.3. RB is entitled to increase its prizes if costs mentioned in 4.2 are making this necessary.
4.4. In according to the above mentioned prizes and services exceeding
time set in agreement is subject of prize increase after 12 months or
longer. This prize index is calculated by the Netherlands prize index
of CBS.
4.5. Buyer is entitled to dissolve the agreement if the prevalent price
on the day of delivery is higher than the price stipulated on the
agreement’s effective date, and in case the price mark-up
resulted within two weeks after said agreement’s effective date.
RB will only accept written statements limited to the date on which the
prize increase took place.
4.6. Exceptions are made to claims in case prize increase was effective
in the set agreement of and mentioned in article 4.5.
V Payments | up ^
5.1. Payments must, unless we have explicitly determined otherwise in writing, occur in cash upon delivery of goods.
5.2. Should a date of payment have been agreed and we have not received
said payment within the stipulated time, buyer is in default and legal
interest will be due. Furthermore all reasonable expenses we have made
will have to be paid by the buyer.
VI Delivery dates | up ^
6.1. Delivery dates are approximate and thus not definite. We are not in default should the date be exceeded at times.
6.2. If, due to changes in circumstances, delays should occur, the
delivery date will be extended in compliance thereto, unless, in
consideration of all circumstances, it appears to be unreasonable.
6.3. The delivery date will be extended by the duration of the delay
which has occurred on our side as a result of the buyer having failed
to fulfil any obligations arising from the agreement or if he fails to
collaborate with respect to carrying out the agreement.
VII Delivery | up ^
7.1. Delivery will take place from the place where we have delivered or
where is delivered on our behalf. The shipment / transport costs are
for the buyer’s account, unless we have explicitly determined
otherwise in writing.
VIII Complaints | up ^
8.1. At the time of delivery of goods from RB, or the completion of
services by RB, the recipient has to convince oneself that all goods or
services are in good order and according the agreement.
8.2. In case the recipient does not agree with the services or finds
good damaged or not in good order the recipient has to report
immediately to RB or the transporters implementer of these services.
Next to this the recipient has to report immediately or at least within
8 days a written statement describing the shortcomings or kind of
damage occurred to RB.
8.3. If the buyer finds the packing list or the bill (invoice) not
according the agreement he will report immediately or at least within 8
days a written statement describing clearly the shortcomings or kind of
injustice to RB.
8.4. Non functioning, shortcomings as mentioned in sub. 2 and 3 of this
article which could not be reported to RB within the set time limit
should be reported in written after at least 8 days but always by
latest 3 months after noticing the shortcomings or damage by the buyer.
8.5. If RB finds the complaint of shortcoming according to the set
complaint, RB will replace, repair or will taken the items return and
reimburse its value. The buyer cannot forward any other claims.
8.6. If the buyer/recipient does not act according the above mentioned
articles, there will be no entitlement to claim any right. Esq. in case
of wear and tear, damaged packing, lost documents, etc.
8.7. After passing deadlines mentioned in sub 1 till 4 of this article
the buyer/recipient is considered to have received and accepted the
goods. After passing the deadline no complaints will be accepted by RB.
8.8. Forwarding complaints to RB does not means the payments can be postponed or cancelled.
IX Shortcomings | up ^
9.1. RB is entitled to take back goods forthwith and maintain them if
buyer fails to observe his obligations, or is declared bankrupt, or
applies for a (provisional) suspension of payment, until such a time
that buyer has fulfilled his obligations towards us, conversely we are
also entitled to sell the goods after deducting the sales price from
the receivables.
9.2. RB is rightful to claim compensation, and is allowed to cancel the agreement.
9.3. RB is furthermore entitled to ask for immediate payment for his delivered goods or services.
X Force majeure | up ^
10.1. In case of temporarily or permanent force majeure RB is not able
to execute its agreement, services or delivery of goods, RB is entitled
to cancel the agreement without any compensation.
10.2 Force majeure for RB is valid in case of strikes, transportation
problems, extreme weather conditions, fire, government regulations in
case of in- and export restrictions and company disturbances with RB.
Force majeure is to be taken in account for the above mentioned
conditions as well if suppliers, supporting agencies or third parties
are not acting accordingly the agreement with RB.
10.3. We are entitled to take back goods forthwith and maintain them if
buyer fails to observe his obligations, or is declared bankrupt, or
applies for a (provisional) suspension of payment, until such a time
that buyer has fulfilled his obligations towards us, conversely we are
also entitled to sell the goods after deducting the sales price from
the receivables.
XI Proprietary rights | up ^
11.1. All goods delivered to buyer or recipient remains legal property
of RB until complete payment of all cost have been paid. These costs
may include interest, transportation costs and other expenses
forthcoming from the agreement with RB and demands for failing to
follow the agreement with RB as well as.
11.2. The buyer/recipient is not allowed to forward, sell or pledge
goods from RB till all payments and obligations have been
fulfilled.
11.3. In case RB has serious doubts that payments or obligations by
buyer/recipient will not be fulfilled, RB has the right to reclaim the
delivered goods immediately without pre-notice. The buyer/recipient
accepts and grant RB entrance to his premises in order to collect the
delivered goods.
11.4. The buyer/recipient has to ensure that third parties wanting levy
a distress on goods are informed that all delivered goods remain
property of RB. The buyer/recipient will inform in written his curator
or administrator about the legal ownership of RB.
XII Guarantee | up ^
12.1. RB guarantees delivered goods are free from material- and
manufacturing shortcomings. This warrant means RB will repair the
shortcomings or replace the goods if necessary.
12.2. Unless otherwise is agreed, the warrant as in sub 1 is valid for a maximum period of three months.
12.3. In case the materials involved have been forwarded by third
parties, the warrant is limited to the warrant given by this party.
12.2. Unless otherwise is agreed, the warrant as in sub 1 is valid for a maximum period of three months.
XIII Exclusion of liability | up ^
13.1. Except for our own neglectance or fault RB can not be hold
responsible for any damage, now matter how or by whom this has been
caused.
13.2. RB can not be hold responsible for company damage, interruption,
loss of data or any other indirect damage including delay involving
product and services.
13.4. Warrant is not valid in case of:
a. No valid warrant or receipt with date of purchase is shown;
b. After the warrant period has been expired;
c. If changes or alterations or maintenance has been performed by other parties than RB;
d. If shortcomings or damage is the result of neglectance or injudicious use.
e. If shortcomings are resulting from fire or humidity.
XIV Disputes | up ^
14.1 The only competent district court that can take cognisance of
disputes is the district court in Middelburg, save for the legal
stipulations with respect to the competence of the sub district court
and notwithstanding our own competency if need be to apply to the judge
in the buyer’s place of residence.
14.2. The buyer can, within one month after we have made our appeal to
this provision, choose to settle the dispute through a competent judge
as assigned by law.