General terms and conditions Movidis BV
Article 1 - Identity of the entrepreneur
Movidis BV, trading under the name Movidis
5051 DV Goirle
Phone number: +31 13 234 0987
E-mail address: firstname.lastname@example.org
Chamber of Commerce number: 82926336
VAT identification number: NL862657635B01
Article 2 - General
2.1 The following General Terms and Conditions apply to all agreements concluded with our company (hereinafter referred to as: “Movidis BV”), as well as to all offers and quotations. In individual cases, further agreed written terms prevail over these General Terms and Conditions before they deviate from or supplement them. The General Terms and Conditions will otherwise remain in full force.
2.2 These general terms and conditions always take precedence over any terms and conditions of other contracting parties, unless expressly stated otherwise in writing.
Article 3 - Offers
3.1 Quotes and quotations are without obligation: a quotation is based on daily prices. In the event of increases thereof, we are authorized to pass these on to the client until the moment of invoicing. At the time of billing, the foreign currency conversion rate applicable at that time will apply. In the event of price increases as referred to in this article, Movidis BV will immediately notify this in writing and the client has the right to terminate the agreement within one week after the price increase has been notified to him, while simultaneously returning any items already available to him. materials made available, which must be in undamaged packaging and condition.
3.2 Purchase agreements or other agreements concluded by our representatives or intermediaries are only binding after our written confirmation or, in the absence of such confirmation, after a period of one week before we act within that period by silence or by actual action, such as the delivery of materials and/or or products, have apparently accepted the agreement. All oral and written offers from Movidis BV are only valid as an invitation for the client to place an order.
Article 4 - Delivery
4.1 Specified delivery times never apply as a deadline, unless expressly agreed otherwise. Exceeding a specified delivery period does not lead to liability for damages on the part of Movidis BV, nor to a right to suspend the client's obligations. The client also does not have a right to terminate the agreement on this ground.
4.2 For invoice amounts above €150 excl. VAT, delivery to the Netherlands and Belgium will be free of charge. For orders under this order amount and/or to countries other than the Netherlands and Belgium, Movidis BV is authorized to charge order and shipping costs. The method of transport and packaging is determined by Movidis BV.
4.3 Movidis BV is never liable for any damage, including consequential damage, which may arise due to delay in delivery.
4.4 In the event of non-purchase of the products by the client, all ensuing costs will be borne by the client. Such a refusal also entitles Movidis BV to dissolve the agreement in whole or in part and/or to claim damages.
4.5 Returns will only be accepted if they have been expressly agreed in advance and are always at the expense and risk of the buyer.
4.6 Delivery is deemed to have taken place: a. If the product is collected by or on behalf of the client: upon receipt of the product b. If the product is shipped, whether or not through a professional carrier: by transferring the products to that carrier
4.7 If the delivery is accepted, this will in any case constitute agreement with these conditions and order confirmation.
4.8 If the product cannot be delivered due to circumstances for which Movidis BV is not liable, Movidis BV is deemed to have fulfilled its obligation to deliver by keeping the product available to the client, provided that this is done within 3 working days after the product has been delivered. ready for shipment has notified the client of this.
4.9 If Movidis BV must withdraw the delivered or to be delivered products from the market on the basis of a legal obligation, also including an obligation arising from European legislation and regulations, ("recall"), the client is obliged to do so without any claim. any compensation to fully cooperate. In that case, the agreement will be considered dissolved.
Article 5 - Payments
5.1 Unless stated otherwise, all prices are ex warehouse, excluding turnover tax. All our invoices must be paid within 14 days of dispatch. If this payment term is exceeded, the client is immediately in default and must pay default interest of the statutory commercial interest plus 2%, without prejudice to the consequences attached to the default of a debtor by law. Furthermore, all costs associated with the collection of the overdue amount will be borne by the client, including the extrajudicial costs calculated according to the Voorwerk II report, as well as the total judicial costs, even if any legal costs reimbursement is lower than the actual costs incurred.
5.2 The client is not authorized to suspend payment or to offset (part of) the purchase price, even if Movidis BV is entitled to suspend its obligations, including its warranty obligations.
5.3 Payments made by our clients always serve to settle all interest and costs owed and subsequently to payable invoices that have been outstanding the longest, even if the client states that the payment relates to a later invoice.
Article 6 - Liability
6.1 Except for intent or gross negligence, Movidis BV is only liable to the extent that the liability is covered by the company liability insurance, therefore up to the amount of the sum paid out by the insurance. If the insurer does not pay out for any reason, liability is limited to a maximum of the amount of the price stipulated for that Agreement (including VAT).
6.2 Liability of the entrepreneur towards the customer or client for indirect damage, including in any case - but expressly not limited to - consequential damage, lost profit, missed savings, loss of data and damage due to business interruption, is excluded.
6.3 Insofar as compliance is not already permanently impossible, the entrepreneur's liability towards the customer due to an attributable shortcoming in the fulfillment of an agreement only arises after the customer has immediately and properly given the entrepreneur written notice of default, stating a reasonable term to remedy the shortcoming. and the entrepreneur continues to fail to fulfill its obligations after that period has expired. The notice of default must contain as detailed a description as possible of the shortcoming, so that the entrepreneur is able to respond adequately.
6.4 A condition for any right to compensation to arise is that the customer reports the damage to the entrepreneur in writing as soon as possible, but no later than within 14 days after it occurred.
6.5 In the event of force majeure, the entrepreneur is not obliged to compensate the customer for any damage caused as a result.
Article 7 - Guarantees
7.1 All products to be supplied by Movidis BV have a standard manufacturer's warranty of at least 1 year.
7.2 If the supplier of the product gives a longer warranty period than 1 year manufacturer's warranty, then this longer term will, in principle, be leading in the relationship between Movidis BV and the client. Movidis BV will confirm in writing a longer warranty period than 1 year, as well as any conditions associated with obtaining a longer warranty period.
Article 8 - Force majeure
8.1 Force majeure means any non-attributable cause that makes or prevents the execution of the agreement in whole or in part. Such causes include, among other things, strikes and lockouts, fire, disruption of supply, breakage of machines, unavailability of transport and any other cause that is not our fault or which, according to prevailing opinions, is not at our risk.
8.2 In the event of force majeure, Movidis BV is not obliged to pay any compensation. In such a situation, both Movidis BV and the client have the right to terminate the agreement if the situation lasts longer than 1 month. In the event that the agreement is still implemented within that period, the right to dissolve on the basis of force majeure will lapse.
8.3 In the event of dissolution by Movidis BV as referred to in paragraph 2, the client is obliged to purchase the products available under the agreement and to pay the purchase price pro rata.
Article 9 - Retention of title
9.1 Ownership of the goods will not pass to the client until he has paid us all that relating to all deliveries of goods, including any interest and costs. Such deliveries also include deliveries of products under an agreement older or later than that relating to the goods of which title is reserved.
9.2 The client must return unpaid products upon first demand. In the event of non-payment by the client, we are entitled to unimpeded access to the companies and sites of the client as well as to the goods made available to the client - for which we have been irrevocably authorized by the client on the basis of these terms and conditions - in order to to take back.
9.3 If the client does not fulfill its obligations towards Movidis BV, Movidis BV has the right to establish a right of pledge on all claims, both current and future, of the client against third parties. In this connection, the client is obliged to cooperate in the legal effectuation of the said pledge(s) and at the expense of the client. In cases where the goods are already in the power of a third party, the client will establish a right of pledge on the claims.
Article 10 - Repairs
10.1 Requests for repairs to products will only be processed by Movidis BV after the defect has been reported to Movidis BV by telephone or e-mail and an RMA number has been requested. Movidis BV will confirm the notification of repair by e-mail.
10.2 Only then will the client be authorized to send the product - at its own expense - to Movidis BV for repair, stating the RMA number.
10.3 Movidis BV inspects the condition in which the product is received and checks whether the defect is within or outside the warranty. Products that have been (dis)assembled, repaired or processed by the client or third parties are in any case not covered by the warranty. No additional costs will be charged for repairs that fall within the warranty.
10.4 Movidis BV will, if requested to do so when offering the article, notify the client of an indication of the repair price as well as the term within which repair can reasonably take place as soon as possible after examination of the defect. If the client decides not to carry out repairs based on the quoted costs, any return costs will be borne by the client.
10.5 The custody of Movidis BV in the context of repair orders takes place at the risk of the client.
10.6 Movidis BV is not obliged to comply with deadlines given by the client within which the repair must be completed. Movidis BV will act quickly but with the expertise that comes with a good inspection, determining the nature/cause of the defect and its repair.
Article 11 - Disputes
11.1 Only Dutch law applies to agreements between the entrepreneur and the customer to which these general terms and conditions apply. The provisions of the Vienna Sales Convention are excluded.
11.2 If any disputes arise as a result of the Agreement that cannot be settled amicably, these will be submitted to the competent court of the district where the entrepreneur is located. Entrepreneur and customer can agree to settle their disputes by means of binding advice or arbitration.