Additional delivery conditions
Article 1 - Scope
The General Terms and Conditions of Heinen Delfts Blauw - Handelskoop (hereafter referred to as: general terms and conditions) apply to all our offers and agreements between Heinen Delfts Blauw and the buyer, who acts in the exercise of a profession or business (hereinafter referred to as: buyer). These delivery terms and conditions are a supplement to the general terms and conditions. The general terms and conditions, as well as the additional delivery conditions, can be downloaded from https://www.heinendelftsblauw.nl and can be sent on request.
These additional terms and conditions of delivery apply to all agreements whereby Heinen Delfts Blauw manufactures custom work or has it manufactured, on the specific order of the buyer.
In this context, custom work is understood to mean the products that Heinen Delfts Blauw manufactures in large numbers or has manufactured at production locations outside the Netherlands, on the specific order of the buyer.
Since the agreements regarding customization cannot be fully compared with the other agreements between Heinen Delfts Blauw and buyer, additional delivery conditions of Heinen Delfts Blauw apply. Where the delivery conditions differ or are contradictory, the additional delivery conditions of Heinen Delfts Blauw will explicitly prevail over the general conditions. The additional terms of delivery concern the following provisions.
Article 2 - Prices and payment terms
The costs incurred in the preliminary phase of the agreement (including sample costs) will be passed on by Heinen Delfts Blauw to the buyer.
The costs charged on as mentioned in paragraph 1 of this article will be settled with the offer when the agreement is concluded by Heinen Delfts Blauw.
Unless otherwise agreed, the buyer will make a down payment of 30% of the total amount, or prepayment of the start-up costs will be requested. The remainder must be paid by the buyer to Heinen Delfts Blauw within 14 days of delivery in the manner stipulated in article 3 paragraph 2 of the general terms and conditions. 4. Heinen Delfts Blauw is responsible for the costs of shipping the products to the customer, provided the delivery address is in the Netherlands. Shipping costs will be charged for deliveries outside the Netherlands, which will be stated separately.
Article 3 - Numbers
On agreements within these additional delivery conditions, Heinen Delfts Blauw normally uses a minimum purchase of 500 pieces by the buyer for the first order. A smaller purchase is possible, in this case Heinen Delfts Blauw may charge extra costs.
Any follow-up orders can be delivered in quantities smaller than the 500 items referred to in paragraph 1.
Article 4 - Images and specifications
All images of products as well as associated specifications, sizes and data as shown in the samples are only approximate. The product ultimately delivered to the buyer may deviate to some extent from these images or specifications in terms of color, size, etc. This does not mean that the product does not comply with the agreement.
Article 5 - Deliveries and risk
The provisions of this article prevail over the provisions of articles 6 and 9 of the general terms and conditions and apply in addition to the provisions in article 5 of the general terms and conditions.
The INCO terms 2010 of the International Chamber of Commerce apply.
Unless expressly agreed otherwise, Heinen Delfts Blauw is responsible for the costs and the risk of damage or loss of the products until the products have been delivered to Heinen Delfts Blauw in the Netherlands. For the provisions that apply from here, please refer to the general terms and conditions. The burden of proof that a product is damaged or missing before delivery to Heinen Delfts Blauw in the Netherlands lies with the buyer.
When delivery takes place directly from the place of production to the buyer, Heinen Delfts Blauw is, unless expressly agreed otherwise, responsible for the costs and the risk of damage or loss of the products until the products are placed on board the ship. , as prescribed in the INCO term Free on Board (FOB). From this "critical point", the costs and risk pass to the buyer. The burden of proof that a product is damaged or missing before delivery to the critical point lies with the buyer.
The delivery period stated by Heinen Delfts Blauw is only an indication and is based on the prevailing circumstances at the time of concluding the agreement. No rights are derived from the buyer on the basis of the specified delivery period.
In the event of an increase in one or more cost price factors, Heinen Delfts Blauw is entitled to increase the price, unless the increase was already known in the order confirmation.
The buyer guarantees that the use of information, (trade) names, brands or otherwise provided by the buyer does not violate Heinen Delfts Blauw with legal regulations or the rights of third parties. The buyer fully indemnifies Heinen Delfts Blauw against all direct and indirect damage resulting from claims made by third parties towards Heinen Delfts Blauw.
Heinen Delfts Blauw is, if necessary or desirable for the correct execution of the assignment, entitled to engage third parties. The costs of this will be passed on to the buyer in accordance with the quotations provided.
Artikel 6 - Ontbinding
- Na de aanbetaling van 30% door de koper, zoals bepaald in artikel 2 lid 3, zal Heinen Delfts Blauw de opdracht in productie nemen en vervalt de koper het recht de overeenkomst te ontbinden.
- Heinen Delfts Blauw is op ieder moment gerechtigd de overeenkomst te ontbinden, wanneer blijkt dat het om welke reden dan ook de overeenkomst niet naar behoren kan uitvoeren.
- Eventuele kosten in het voortraject (waaronder samplekosten) worden in geval van ontbinden door Heinen Delfts Blauw aan de koper vergoed.
Article 7 - Retention of title
When an offer contains budgets, plans, catalogs or other documents, these remain the property of Heinen Delfts Blauw at all times and must be returned by the buyer on request. They may not be reproduced or made available to third parties for inspection without permission from Heinen Delfts Blauw.
Heinen Delfts Blauw guarantees to take the greatest possible care when the buyer submits (trade) names, brands, figurative elements, logos or other documents before making an offer.
All drawings, templates, lithographs, designs, sketches, models, as well as the graphic design of (trade) names, brands, figurative elements and logos, produced by or on behalf of Heinen Delfts Blauw during the execution of the agreement, remain the (intellectual) property of Heinen Delft Blue. They may not be used for other purposes without the permission of Heinen Delfts Blauw.
Article 8 - Intellectual property
Heinen Delfts Blauw guarantees, insofar as this is known, not to infringe the intellectual property rights of the buyer.
Article 9 - Warranty and conformity
Heinen Delfts Blauw uses a standard 90-day guarantee, as stipulated in article 10 paragraph 2 of the general terms and conditions. Depending on the agreement, including tailor-made agreements, and the product type, it is possible to deviate from this. This will be determined separately.
Article 10 - Liability
Any liability of Heinen Delfts Blauw for damage is excluded in the event that it wishes to dissolve the agreement, as stipulated in Article 6 paragraph 2, including additional compensation in whatever form, compensation for indirect damage or consequential damage or damage due to loss of profit, except for intent or deliberate recklessness on the part of Heinen Delfts Blauw.
Article 11 - Force majeure
In the event of force majeure and both parties have the right to dissolve the agreement, as stipulated in article 13 paragraph 3 of the general terms and conditions, a suitable solution will be sought for the costs already incurred by both parties.
Other provisions that apply to custom-made agreements are contained in the General Terms and Conditions of Heinen Delfts Blauw - Handelskoop.
Heinen Delftware Trading B.V. 2019