TERMS AND CONDITIONS
Filed with the Chamber of Commerce in Hilversum
Swedish Car Parts
SCP = Swedish Car Parts
Client = natural or legal person and his or her successors giving an assignment or otherwise to enter into an agreement with SCP;
Agreement = The entire work and deliveries dedicated to SCP by the client.
Applicability of these terms and conditions
These provisions are applicable to all quotations, offers, activities and agreements with and deliveries by SCP.
Deviations from the following terms and conditions are possible only if expressly agreed in writing, except for the warranty provisions under Article 7, which always maintained.
In respect of offers
All offers made by SCP, in whatever form, unless otherwise agreed. Offers will only be made in writing at the request of clients.
SCP reserves the right to alter quoted prices. Goods and services are charged on the basis of the current prices on the invoice date. If signs of price increases, for example due to increases in duties, taxes and / or duties, factory prices, changes in currency, or due to any other circumstance beyond the control of SCP, the price will be charged to client. However with the proviso that on its part the client has the right, provided that immediately after learning of a price increase of more than 20%, to take back the assignment with client account already remains to compensate the price increase worked on the basis of current prices of the increase.
All tenders and quotations applies the offer off Soest, unless otherwise agreed.
Dispatch or transport is carried out under the responsibility and risk of the client. SCP accepts no liability for loss or damage as a result of transport by third parties.
Doing tender or quotation in no way implies also a duty to deliver the requested goods or services actually unless SCP in advance in writing to accept is passed.
Used part numbers can only be seen as a reference or guide for identification.
Save in respect of revision or otherwise supply of goods where intake of an old unit is required, carried out under the express condition that is of the same brand and type unit presented for intake, is to overhaul in a normal manner and does not exhibit serious defects and whose vital parts are not broken or cracked, are irreparably worn, welded or are corrupted or incomplete in any other way. If the unit does not meet offered for taking the above requirements, then the higher costs borne by client. All this implies also that SCP right at all times is a guarantee, deposit or otherwise require security from the client to the time when the old unit is actually handed and has been studied for possible defects.
With regard to delivery
The delivery of goods is given in principle only approximate, as well as the repair duration of automobiles for repair or parts thereof.
Only if the delivery time agreed upon is binding, with the proviso that when exceeding the limit agreed in writing by six weeks or more, the client has the right to cancel the purchase agreement or contract, but may not claim any compensation, the cancellation by registered letter must be kept and where the client would remain to reimburse worked.
If the delivery is delayed due to force majeure and this delay in the opinion of SCP is temporary, SCP may suspend implementation of the agreement until the force majeure situation no longer arises. If the aforementioned period exceeds three months, the client is entitled to terminate the agreement by registered letter. In this case the contract shall be terminated without the client is entitled to damages from SCP. Client remains obliged to reimburse the already rendered.
In all cases required SCP will however seek agreements on delivery or to pursue the delivery deems appropriate client.
With respect to repair and maintenance
The order to carry out repairs or maintenance is provided orally or in writing at SCP. SCP will carry out the work by Automotive Company Soest.
The repair or maintenance duration and price of automobiles for repair or maintenance, or parts thereof, are approximate only, unless otherwise agreed.
Where is exceeded by more than 20% price approximate or likely to be exceeded, should include SCP contact with client to discuss the additional costs. Customer is then entitled to take back the contract, including client account already continues to reimburse worked.
If the client after receiving notice of gereedkoming of work on an automobile that does not pick up within three days, client storage costs due. Said Stallings-cost funds in accordance with the then current rate with a minimum of € 5.00 per day.
Replaced materials or goods become the property of SCP unless expressly agreed otherwise, all this in compliance with paragraph 6.
If during work on an automobile or parts thereof environment replace harmful components or otherwise harmful substances are released, which replace parts or contaminants remain in the company of SCP, SCP will be entitled to charge a fee charged for it environmentally responsible disposal of these parts or materials. The rate for this environmental tax will have to correspond to the actual costs of removal of these environmentally damaging parts or substances by an approved and designated business will entail. Even if the client decides undertake the hazardous parts and materials to carry out itself the levy will be charged and be credited only after client has demonstrated that the substances are disposed of in an environmentally sound manner.
In respect of payment
The debts of clients are considered to bring debt. Payment must be made in the currency in which prices and other costs have been agreed and / or invoiced.
SCP makes explicit use of retention of ownership, in the sense that the client is only then owned goods supplied by SCP, after his debts satisfied by full payment of the invoice relating to the goods. Until the time of full payment, the goods on the invoice are given ownership of SCP and the Client must keep available for these goods return to SCP. If the client has already delivered into use, there will be a settlement in restitution to compensate for the loss arising from the use.
Unless otherwise expressly agreed, payment must be made in cash upon delivery of the goods, or immediately after the provision of the services.
Orders by clients outside the Netherlands must be paid in advance, as well as orders and repair contracts with an estimated value exceeding € 5,000.00, which also must be paid in advance clients based in the Netherlands. If cash advance also accepted in this regard, an irrevocable bank guarantee from a bank established in the Netherlands, at the option Be it for approval of SCP.
Goods that are not normally kept in stock and must be ordered specially for clients, as well as goods that are kept in stock but not in the quantity required by the Client must be paid prior to your order will be passed. Orders over an amount of € 500.00, however, need only to be deposited. The amount of the advance payable sum is then set at 10% of sales, in ignorance of which the deposit will amount to 10% of the assumed sale price, all this while respecting the considerations in paragraph 4.
All goods or services is paid at the time of delivery applicable rate of sales tax due. Delivery of goods at the 0% rate is however possible, but only on presentation of a valid export document, at the discretion of SCP.
If the client despite the considerations the invoice amount after a period of 30 days after the invoice date the claim from that moment will be has not paid plus the statutory interest rate plus 2% annually. If the client after the summons fails to complete payment, client is obligated all debt collection, judicial and other collection costs to compensate SCP of 15% of the outstanding claim of SCP client, and another with a minimum of € 125.00 .
Notwithstanding the right of retention to SCP to perform a repair order in which to bring the supposedly charged amount is at least € 500.00, are entitled to claim a provisional or partial payment for the commencement of work. However, the customer is entitled to impose security in the form of a bank guarantee or a different SCP for acceptable collateral.
Return of goods and crediting the purchase price is only possible within the maximum period of fourteen days after the invoice date, less 15% handling fee, provided that the goods offered for readmission, as well as its packaging are in pristine condition. Goods ordered specifically for client and which are not part of the normal stock of SCP will not be returned unless expressly agreed otherwise. After the SCP previously accepted by that period of fourteen days no obligation to take back and crediting of previously delivered goods other than in accordance with the following warranty provisions mentioned in Article 7.
Notwithstanding the right to claim fulfillment of client will be entitled to compensation if an agreement concluded by SCP client is canceled by the client, an inseparable part of that agreement, wherefore the claim for damages in such a case is considered a claim for fulfillment of the contract to which the above mentioned conditions are fully applicable.
All new, remanufactured or exchange basis goods supplied and invoiced by SCP are guaranteed for three months after the invoice date, unless a longer warranty period is agreed, which must be made expressly on the invoice report. Guarantee applies only to material errors, errors in manufacturing and / or application, however, only after a warranty claim is accepted by the SCP. To guarantee goods are offered at the customer's expense to be offered in Soest. Costs for disassembly and assembly are expressly excluded, unless the provisions of paragraph 3 shall apply. SCP accepts no claims for breach of its goods. Warranty claims can be dealt with only if they are presented by the originally stated on the invoice client.
The warranty includes the free provision of replacement goods, or crediting the amount originally paid, one's discretion and the discretion of SCP and only against surrender of the claimed cases.
With SCP, or after outsourcing its mission by outside bodies relating to restoration, installation and / or maintenance, are guaranteed for a period of three months from the date of completion of the work, or from the date of invoice, one's discretion and the discretion of SCP, unless a longer warranty period is agreed, which explicitly mention the invoice must be made.
The warranty is void if:
the client does not as soon as possible after discovering the defects SCP notifies
SCP not given the opportunity to rectify the deficiencies
third party without prior knowledge of SCP and without her express consent, performed work which may be related to the goods or services by SCP installation repair or maintenance for which the guarantee is invoked
if the vehicle in which the goods are assembled or the work is being carried out, after installation of the goods or the performance of these activities is misused or used in competitions, for speed races, terrain gave up competing or agility events, as-co military purposes, or is used improperly apparently
the parts delivered by SCP are used in a vehicle with other than original parts are apparently not intended as different engines, different tire sizes, etc., as well as if the failure of the goods supplied by SCP another cause, beyond the control of SCP is plausible
the identification numbers on the by SCP goods following delivery of those goods have changed, removed or otherwise made or become unreadable, and if the means provided for monitoring the proper use of these products, such as temperature-tabs supplied engines have been changed, removed or otherwise made or illegible
client the amount relating to that to which the warranty claim is made has not or not fully met
The warranty amount involved will never be able to exceed the amount originally paid for the goods or services.
The above warranty terms in lieu of the manufacturer, importer or otherwise transfer guarantee provisions, except in the case of new vehicles which only the application of guarantee provided by the manufacturer or importer.
The warranty as mentioned in paragraph 1 t / m paragraph 6, to the extent they relate to the supply of goods relating only to the delivery of new goods. The delivery of used goods is without warranty of any kind, unless otherwise agreed with client, which contract at least record must be kept on the delivery note or invoice, without which no entry rights may be derived from a warranty claim.
In respect of trade
The contract will be traded on the goods if the buyer pending the delivery of the goods purchased by him, continue to use the traded goods, first owned by SCP, after the actual delivery of it has occurred in SCP.
During operation referred to in paragraph 1, all costs, without exception and in particular those of maintenance and possible damage from any cause danook arise also as a result of theft or loss, expense and risk of the client.
In respect of liability
SCP is not liable for:
consequential damages, loss of income or material damage;
by non-management employees or subcontractors caused damage;
third-party damages related to the goods supplied by SCP or services, including:
claims by third parties, including employees of client who suffer damage caused by unlawful actions of SCP workers who are made available to client «nt and work under his supervision or his instructions;
claims by third parties, employees of SCP including that relating to implementation of the Agreement, suffer injury which is the result of acts or omissions of Customer or of unsafe situations in his company.
The Client will indemnify the SCP under c. the damage.
The compensation to be paid shall under no circumstances SCP than under the agreement by invoice amount SCP. In case of an agreement with a term of longer than six months, the compensation is limited to the last six months to receive SCP fee.
The SCP by paying compensation is in any case limited to the amount they will receive in respect of its closed insurance in respect of the damages from the insurer.
SCP does not accept claims related to damages caused by any cause, vehicles or goods unattended outside the premises of SCP have been left behind, before, during or after the performance by SCP repair installation or maintenance.
In respect of disputes and choice of law
All disputes arising out of or relating to the agreement to which these conditions apply, will be assessed and decided by the District Court in Utrecht, notwithstanding the right of appeal and cassation and the question of a provision in summary proceedings, and all subject where the subdistrict court has jurisdiction.
The commitments between SCP and client referred to in these conditions only Dutch law.
These terms and conditions replace all previously identified and registered terms and conditions.
If one or more provisions of the agreement between SCP and client are void or voidable, the agreement will otherwise remain in force. The parties will respect of provisions which are void or destroyed agree on substituting provisions, all this in line with existing agreements.
Unless prior written permission of SCP client is not permitted (debt forgiveness) rights against SCP under the contract, in any manner to third parties or to encumber.