1. All sales and deliveries are made on, the following conditions, also in case these may deviate from the conditions used by the client and also inthe applicability of these conditions may be excluded.
2. All offers are without obligation.
3. Drawings, calculations, illustrations, descriptions, colors, models, samples, sizes, weights, and other appendices belonging to offers only approximate and remain the property of IC and may not be otherwise than by the buyer for the purpose for which they are intended (the offer ) to be employed.
4. A purchase agreement is only concluded by written confirmation by IC or by IC commencing the delivery.
Prices and Payment
5.1. Payments must be made on delivery or if a credit arrangement has been made within thirty days of the invoice date and this without compensation or deduction.
5.2. In the event of payment later than thirty days after receipt of the invoice, IC is entitled to increase the invoice price to be paid by 2% (2 percent) for each month or part of a month.
5.3. The buyer is in default by the sole conduct of the other 5.2. said period of thirty days.
5.4. All prices are ex warehouse, with the exception of lots above an invoice value of € 125.00 which are delivered to the buyer’s house free of charge, up to max. Free Dutch border.
5.5. Packaging will be charged.
Consequences of non-payment
6. If and as long as the buyer is in default with the payment of overdue invoice amounts, IC is entitled:- Suspend further delivery:- require immediate payment for the presentation of the goods:-the order (s) in so far as not executed, without any notice of default or judicial intervention being required, to be considered dissolved: this without prejudice to the right of IC to compensation of the damage resulting from the dissolution of the order.
7. With regard to all orders, the reservation applies that the agreed prices for the part not executed shall be increased by the costs resulting fromgovernment measures, which came into effect after acceptance of the relevant orders, insofar as this is legally permissible, while for IC, unfavorable currency fluctuations must be compensated by the buyer.
8.1. Delivery takes place by delivery of goods carriage paid with a net invoice amount of € 125.00 or more, either at the address of the buyer or to the forwarding agent or carrier, who is charged with the forwarding or transport.
8.2. For deliveries of goods with a net invoice amount of less than 125.00 an amount of € 15.00 for administration, freight and packing costs will be charged.
8.3. Shipment of the goods takes place at the risk of IC:Damage must be reported by the buyer immediately upon arrival to the carrier / forwarding agent with due observance of his instructions.
8.4. For the delivery of goods that are not delivered within the agreed delivery period, IC has the right to an after delivery term of six wards, commencing days after IC has received a written warning from the buyer, which can only be validly issued after the delivery period, to delivery has received.
8.5. After the delivery term has expired, the buyer has the right to cancel the order, but only insofar as it has not been executed.
9.1. The judicial and extrajudicial costs for collection are at the expense of the buyer.
9.2. The extrajudicial costs are set at fifteen percent of the amount that is collected
10.1. The goods are guaranteed by IC against material defects and manufacturing defects for a period of 1 year since the day of delivery.
10.2. The guarantee applies, unless otherwise agreed, only within the Benelux, while this does not rest on parts which are involved by IC of third parties, therefore insofar as this third party has provided a guarantee.
10.3. No guarantee is given in connection with defects, which are a result of government regulations regarding the nature or quality of applied materials.
10.4. Under any IC-based guarantee, IC as well as with regard to which damage the buyer might suffer in the context of any transaction with it, shall never be held to measure that either replacement of the goods or crediting or refunding to the buyer of what this already paid in this matter.
10.5. The Buyer indemnifies IC against any claims from third parties regarding the execution of any transaction between buyer and IC to which these conditions apply.
11.1. Complaints must have a clear description of the customer and must be submitted within eight days of receipt of the goods.
11.2. Complaints due to defects that can not be detected immediately, but can only be discovered later, can be submitted within eight days, after the buyer can reasonably be deemed to have been able to detect the defect.
11.3. In the event of well-founded advertising, IC may suffice to remarket within ten days after receipt of the returned goods.
11.4. The return goods travel at the expense and risk of the buyer.
11.5. Goods can only be returned after prior permission from IC.Indian goods are returned without prior approval and are left with IC at the expense and risk of the sender and IC is never obliged to pay any compensation.
Transfer of ownership
12. The goods delivered by IC remain its property as long as payment has not taken place, while IC reserves the right from the moment at whichthe purchaser is in default in fulfilling his payment obligation with regard to IC, until payment has taken place on these goods without having to pay to the buyer any compensation.
13.1. In case of force majeure IC is entitled to suspend the execution of the agreement for the duration of the force majeure on the understanding that if the suspensionhas lasted more than sixty days, both parties are free to regard the agreement as dissolved without the intervention of the judge.
13.2. Force majeure means any unforeseen circumstance as a result of which the normal performance of the agreement can reasonably be expected to be prevented or impeded, both on the part of one of the parties and on the part of third parties.
13.3. Damage claims are excluded for both parties in case of force majeure.
14. All disputes between parties will be settled by the competent court in Utrecht.
Applicable law15. Only Dutch law applies to all agreements to which these conditions apply.