General Terms and Conditions
General delivery and payment conditions applying to van den Hurk Bedrijfswagens B.V. with its registered office and principal place of business in Helmond at the Kanaaldijk Z-W 7B, registered with the Chamber of Commerce and Industry for eastern North Brabant in Eindhoven under number 17166832.
Article 1 Applicability/General.
1.1 These conditions apply to all our offers and all purchase agreements concluded with us, quotations concerning automobiles or parts thereof and other accessories, as well as to agreements for the repair and maintenance of automobiles.
1.2 Only these general conditions apply to all our offers and agreements, regardless of any (previous) reference by the buyer to his own or other general conditions.
1.3 Amendments to these terms and conditions will only take effect if they have been agreed in writing between v.d Hurk bedrijfswagens B.V. and the customer.
1.4 Employees and representatives of the seller are only authorised to conclude agreements on deviating terms if they can show a power of attorney signed by the management.
Article 2 Offers and formation of agreements.
2.1 All our offers concerning, inter alia, prices, repair time, models and versions are merely indicative and not binding, unless the contrary is explicitly stated in writing.
2.2 A contract shall be concluded when we accept an order or when we begin to carry out the contract.
2.3 Supplements to and/or amendments of concluded agreements, including cancellations of concluded agreements, shall only apply if and insofar as they have been recorded in writing by both parties.
2.4 The measurements, weights, qualities, as well as the pictures and drawings included in price lists and/or offers submitted by the seller are drawn up to the best of its ability, but cannot be regarded as any kind of guarantee and the seller cannot be held liable in this respect.
2.5 We reserve the right to refuse orders without giving reasons, or to deliver cash on delivery.
2.6 We shall be entitled upon or after entering into the agreement, before (further) performance, to demand security from the other party that both payment and other obligations will be met.
2.7 We shall be authorised - if we consider it necessary or desirable - to engage the services of others for the proper execution of the order given to us, the costs of which shall be charged to the other party in accordance with the quotations provided.
Article 3 Payments / prices.
3.1 In the event of any price reduction being implemented after the car has been registered, i.e. the application for registration number part 1, the buyer will not be entitled to a refund of the VAT resulting from this price reduction by the seller.
3.2 If after the date of the offer, or after the date of the order confirmation, one or more cost-price-increasing factors such as, but not limited to, increases in cost prices and rates for materials, wage costs, social security charges, import or export duties or other taxes, transport costs, suppliers' prices (including factory prices) as well as changes in exchange rates, are subject to an increase, the seller will be entitled to pass this on in the price.
3.3 The exchange rate risk in the case of invoices in foreign currency shall be borne by the purchaser.
3.4 If the Buyer is of the opinion that an invoice of the Seller has not been drawn up in accordance with the Purchase Agreement, it may not refuse to pay the invoice for that reason.
3.5 If the other party: a. is declared bankrupt, cedes its assets, submits a request for suspension of payment or if all or part of its assets are seized; b. dies or is placed under guardianship; c. does not comply with any obligation resting on it by virtue of the law or these conditions; d. fails to pay an invoice amount or part thereof within the stipulated period; e. discontinues or transfers its business or an important part thereof, including the contribution of its business to an existing company, or if it changes its objective. ceases or transfers his business or an important part thereof, including the contribution of his business to a company to be founded or already existing, or proceeds to change the objective of his business, we are entitled by the mere occurrence of one of the aforementioned circumstances either to regard the agreement as dissolved without any judicial intervention being required, or to demand immediate and full payment of any amount owed by the other party by virtue of the services provided by us, without any warning or notice of default being required, all without prejudice to our right to compensation for costs, damages and interest.
3.6 All agreed payments must be made within 14 days of the invoice date, without any discount, unless otherwise agreed in writing.
3.7 The above regulation applies equally to partial deliveries, whereby an invoice is sent in the interim.
3.8 In the event of payment later than the term specified in paragraph 6 of this article, v.d. Hurk B.V. shall charge interest on the outstanding amount of 1.5% per month, whereby part of a month shall be deemed to be one month.
3.9 All costs, including judicial and extrajudicial collection costs, incurred for the collection of an outstanding invoice without notice of default being required after expiry of the payment term, shall be borne directly by the client.
The extrajudicial costs are fixed at 15% of the invoice amount with a minimum of €300.
3.10 Unless otherwise agreed, payment, including the additional costs, must be made in cash before or upon acceptance or delivery of the sold goods. All payment terms are to be regarded as deadlines.
3.11 If the Buyer has not collected the goods sold within the stipulated period, the invoice for the goods sold will be sent to him and must be paid immediately. If delivery is made to the Buyer's address, the due date is the date of receipt of the invoice.
Article 4 Suspension/Reservation of ownership.
4.1 Where no payment has been received within the period specified in the previous article, v.d Hurk bedrijfswagens B.V. shall be entitled to suspend its obligations arising from the order in question until the client has fulfilled his obligations, all in accordance with the regulations under the Civil Code governing suspension rights.
4.2 All agreements concluded between v.d Hurk bedrijfswagens B.V. and the customer are deemed to be agreements whereby the transfer of the goods takes place subject to the suspensive conditions that the customer has fulfilled his obligations arising from the agreement in question.
4.3 In accordance with the previous paragraph, v.d Hurk bedrijfswagens B.V. shall at all times be permitted to demand the goods delivered from the customer if the latter is in default of payment, retaining all other rights.
4.4 The customer is obliged to give v.d Hurk bedrijfswagens B.V. the opportunity to exercise its right arising from this article, if this has been announced to the customer in advance.
Article 5 Delivery/delivery dates.
5.1 Delivery is made at our discretion:
a. by making the purchased item available to us;
b. by delivery of the sold goods to the address of the purchaser.
5.2 If the sold goods are made available to our address for the benefit of the purchaser, the purchaser must collect the purchased goods within five days after the sold goods are made available.
5.3 Upon delivery of the goods sold by us to the address of purchaser, purchaser must take delivery immediately.
5.4 If the Buyer does not collect the sold good within the period stated in section 2 of this article or does not take delivery of the sold good in accordance with section 3 of this article, we are entitled to charge a storage fee in accordance with our company's storage rates. The risk of damage and/or destruction is for the buyer.
5.5 Exceeding the delivery period, however caused, does not give the buyer the right to any compensation, to dissolve the agreement, to refuse the receipt of the products and/or to withhold payment.
5.6 The other party is obliged to check the delivered goods and/or the packaging for any shortcomings and/or damage immediately upon delivery, but in any case within 3 working days, or to carry out this check after notification from us that the goods are at the disposal of the other party.
5.7 We shall be entitled to make partial deliveries, which may be invoiced separately.
5.8 Indication of the delivery time shall always be approximate, unless explicitly agreed otherwise.
Article 6 Disposal fee.
6.1 In addition to the agreed purchase price, the buyer of the new car must also pay a disposal fee of € 45.00 including VAT. This disposal fee is regulated in the Environmental Management Act and has been declared generally binding by the Minister of Housing, Spatial Planning and the Environment. The obligation to pay the disposal fee arises when a car with four wheels or more is registered for the first time and its unladen weight plus load capacity does not exceed 3500 kg.
The law states that a registration number will only be issued after the disposal fee has been paid.
Article 7 Purchasing.
7.1 The provisions of this Article shall apply only if we purchase a car in the event of a sale:
- is a private individual who has not benefited from any deduction of input tax himself.
- a ( government ) institution which is not an entrepreneur.
- is an entrepreneur, who has bought the car exclusively for exempted services.
- is a small entrepreneur, who has been exempted from administrative obligations on the grounds of
of Article 25(3) of the Turnover Tax Act 1968.
- is another reseller who applies the margin scheme.
7.2 For each purchase, an appraisal is carried out by an appraiser appointed by us, who draws up a report on the condition of the car.
7.3 However, we shall not be bound by this valuation for longer than 14 days after the day of valuation, unless otherwise agreed in writing.
7.4 On the day of transfer of the car to be purchased, it should be in the same condition as at the time of the valuation.
7.5 If the car to be bought is transferred after the period referred to in paragraph 3 has expired and/or if the car to be bought is no longer in the same condition as at the time of the valuation, we are entitled to have another valuation carried out.
If it is lower, the supplier/buyer may not derive any rights from it.
7.6 The car(s) to be purchased must be delivered upon delivery of the car(s) sold.
7.7 If the purchaser, on the sale of a new car in exchange for the purchase of a car, continues to drive the car to be purchased while awaiting delivery of the new car, the car to be purchased shall not become the property of the purchaser until actual delivery to us has taken place.
Until that date, the risk for the automobile to be purchased is for the supplier/buyer.
7.8 The car to be purchased must be delivered with a valid vehicle registration certificate, Part I, Part II, Part III and a copy of Part III. In addition, the bidder/purchaser must, in such a case, return the vehicle with a temporary vehicle registration certificate.
7.9 In case of purchase, the Provider, as referred to in paragraph 1, must complete and sign a purchase declaration.
Article 8 Retention of title.
8.1 The ownership of all goods sold by us to the buyer will remain with us as long as the buyer has not paid the claims of us on account of this or similar agreements, as long as the buyer has not paid the claims on account of the work performed or to be performed on account of this or similar agreements and as long as the buyer has not paid the claims of us on account of the failure of the buyer to fulfil such obligations, including claims relating to penalties, interest and costs.
8.2 Before full payment of the purchase price, including any interest and costs, the Buyer is not authorised to pledge the purchased goods to third parties or to transfer their ownership to third parties.
8.3 In the event that a third party in good faith has obtained ownership of the goods not yet paid for and that this third party has not yet paid the purchase price owed, the purchaser undertakes, now for then, to reserve and, as far as possible, establish a non-possessory pledge on the purchaser's claim against this third party.
Article 9 Warranty.
9.1 Motor vehicles delivered by us as well as new parts are guaranteed in accordance with the so-called factory warranty in accordance with the warranty card issued by us or as included in the manual.
If purchaser does not comply with any stipulation on this guarantee card, the guarantee lapses if purchaser during the guarantee period has made technical changes to parts or equipment of the purchased item, or has had such changes made by third parties, which are directly or indirectly related to the matter for which the guarantee is invoked.
9.2 If the other party does not, not sufficiently, or not in a timely manner fulfil any obligation arising from the agreement concluded between the parties, we shall not be obliged to provide any guarantee as long as this situation persists.
Article 10 Repairs.
10.1 Our offers regarding prices of repair times are indicative and not binding. We shall be entitled, notwithstanding the right of retention, to demand advance payment from the customer in the event of repairs exceeding €500.
10.2 We may exercise the right of lien on the car if the customer does not pay the costs of the work on the car or does not pay them in full, even if they are costs of previous work performed by us on the same car. We may also exercise the right of retention if the dispute has been brought before a court.
10.3 If, after performance of the work assigned to us and notification thereof to the Customer, the car in question has not been collected within one week of the last-mentioned time, we shall be entitled to charge storage costs in accordance with the rates applicable in our company.
Storage shall take place at the expense and risk of the client.
10.4 Replaced materials or items will only be made available to the Customer if it expressly wishes to do so. Otherwise, the materials shall become our property without the client being able to charge us any compensation in this respect.
10.5 Any claim lapses if third parties, without our prior knowledge and/or permission, have carried out work that can be related to the assembly, repair and/or maintenance work carried out by us for which the guarantee is invoked.
Article 11 Complaints.
11.1 Complaints must be submitted in writing by the buyer within 5 working days after the complaint has been discovered or reasonably could have been discovered, failing which the buyer is deemed to have unconditionally accepted the purchased item. In the event of visible defects, this means that the buyer must report the defects to us immediately upon delivery, failing which the buyer will be deemed to have unconditionally accepted the purchased item.
11.2 Complaints will not be considered if it appears that the purchaser or third parties have changed or repaired something on the object(s) that is directly or indirectly related to the complaint, except in the case that this was done with our prior knowledge and in the case of emergencies in which it is impossible for the purchaser to speak with us beforehand, but he has nevertheless informed us of the emergency immediately.
Article 12 Dissolution.
12.1 Without prejudice to our right to claim fulfilment, we are entitled, if the buyer wishes to cancel the contract, this must be done in writing and by registered letter, to rescind the contract of sale, in which case we are entitled to charge the buyer 15% of the list price including V.A.T. and V.P.M., excluding any trade-in, as compensation, plus 100% for the costs incurred in making the goods ready for delivery.
Article 13 Force majeure.
13.1 Seller is not obliged to comply with any obligation if he is prevented from doing so due to a circumstance that is not due to his fault, nor is it for his account pursuant to law, legal act or generally accepted practice.
13.2 In the event of force majeure and/or exceptional circumstances, Buyer shall not be entitled to dissolve the agreement and/or to claim compensation.
Article 14 Liability.
14.1 We exclude all liability, insofar as it is not regulated by law.
14.2 Our liability shall never exceed the total amount of the order in question.
14.3 Except for the generally applicable legal rules of public order and good faith, we shall not be obliged to pay any compensation for damage of whatever nature, direct or indirect, including business damage, to movable or immovable property, or to persons, both with the other party and with third parties.
Article 15 Final provision/Disputes.
15.1 Only Dutch law shall apply to all disputes arising from relationships with v.d Hurk B.V., whereby the parties declare that they have opted exclusively for the authority of the Dutch court to take cognisance of the dispute that has arisen.
15.2 In the event that any condition proves to be inapplicable or is declared void by a court of law, the remaining conditions shall remain in full force and effect.