Terms and Conditions
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1. These terms and conditions are applicable to all agreements. These terms and conditions are applicable to all offers and/or all (purchase-) agreements and/or services of automobile company Kieft & Klok B.V. unless unequivocally stated otherwise in writing. Reijmerweg 78A, 6871 HG Renkum, The Netherlands. Tax-number NL821755596B01 and registered at the Arnhem Chamber of Commerce under number 09165702.
2. An agreement with the seller takes effect when seller unequivocally accepts an order or mandate made or given by the buyer. An agreement will be considered to have taken effect at the moment seller mails a confirmation of the order
or mandate, or at the moment seller has started with the actual execution of the
order or mandate in a way distinguishable to the buyer.
3. Illustrations, drawings, enumeration of capacities and further descriptions in the material (image or written) issued by seller are as accurate as possible, but not strictly binding. Small anomalies upon delivery are allowed. If the supplied product unquestionably differs, the buyer or client is authorised to cancel the agreement within 7 days of delivery.
4. All prices are VAT included, unless agreed on otherwise in writing. If no price has been established upon entering into the agreement, then the prices on the delivery date will be applicable.
5. If no price has been established upon entering into the agreement, then seller reserves the right to charge on changes in factory and/or importer's prices and currency rates to the price agreed on. Buyer has the right to completely or partly cancel the agreement within 3 months of signing the agreement. This cancellation shall to be in the form of a written notification within 7 days of receiving notice of this price change.
6. If the product is not delivered within 30 days after ordering, then buyer may cancel the purchase forthwith. This is not applicable if parties have agreed on another term of delivery.
7. The delivery dates mentioned by seller are never to be considered ultimate terms, unless unequivocally agreed on. Upon untimely delivery seller therefore needs to receive a default notice in writing.
8. Exceeding delivery dates, shall never, even after being served a default notice, give the right to compensation nor result into seller being obliged to pay any kind of contractual fine.
9. Delivery dates are based on the expectation of regular working conditions and the expectation that the materials and/or services required for us to perform the delivery and/ or actual work will be delivered to us in time, consequently the delivery date will change within a reasonable time frame given the circumstances.
10. If the delivery of goods, at the request of the buyer, takes place in another way than usual, the expenses for this will be charged to the buyer.
11. If the buyer fails to accept the goods, even after receiving notice and summation, then seller has the discretion to choose to deliver on a date chosen by the seller, or to cancel the agreement or unfinished part of the agreement, without intervention of a magistrate and without the requirement of serving notice, without prejudice to the seller's right for compensation.
12. The effective delivery date is the date agreed on or as of the moment of our notice stating that the goods are ready for delivery; the client carries the full risk for all direct and indirect damage caused to or by these goods from that moment on. Negligence by buyer concerning the acceptance of the goods does not exempt buyer of his responsibility to pay.
13. Additional unforeseen work will result in the delivery date to be moved accordingly to the time needed to have the materials and parts required for this to be delivered and to actually perform (or have performed) the extra work. If the extra work cannot be fitted into the planning schedule of the contractor then the work will be finished as soon as the planning schedule allows for this.
14. Payment shall be in euros cash on delivery, or by down payment, or within 8 days of invoice date, by transferral to the bank account designated by seller.
15. Failure by buyer to pay the sum due shall cause the judicial expenses made by seller in an effort to collect the debt fall to the buyer. The expenses in question are set at a minimum of 15 % of the main sum with a minimum of € 100,- without prejudice to the seller's right to charge other reasonable expenses under art 6:96 section 2 subsection c BW.
16. If of the seller through circumstances, through no fault of his and out of his realm of risk, is able to meet his obligations, each of the parties is authorised to cancel or postpone the agreement, as far as this has not yet taken place.
17. If buyer sends the product back within the cooling down period, seller is required to return the sum paid within a 30-day period.
18. In case of force majeure buyer or client cannot hold the buyer responsible and seek compensation.
Included in these circumstances at any rate are: war, risk of war, uproar,
molest, fire, water damage, flood, industrial action, work ins, exclusion, import
and export restrictions, government measures, machine breakdowns, energy delivery hick ups
industrial malfunctions, and the event that seller is not able to deliver for any reason whatsoever
by fault of his own suppliers.
19. The buyer or contractor not meeting his payment obligations ensuing from any agreement entered into with seller, shall result in the goods delivered already to become property of seller, without prejudice to the obligations of the buyer to timely payment. The buyer or client is not authorised to resell, deliver, pawn or in any other way, under which denomination whatsoever, whether free of payment, or for free use, transfer the goods delivered by seller to a third party or make these available to this party, as long as the goods have not been fully paid.
20. As long as the goods have not become property of the buyer or client, he is required to insure the goods against all risks.
21. After the contractor has invoked his property claim he is authorised to retrieve the delivered goods. Client shall allow the contractor to enter the location where these goods are stored.
22. The right to return entails that the buyer has a 7-day cooling down period. The buyer is allowed to return the product within this period, for which the only expenses charged will be shipping expenses. The cooling down period is not applicable regarding purchases made on order, transportation, financial services or a service initiated by seller with the consent of the client before expiration of the cooling down period.
23. The right to return is inapplicable to: books, all electronic components and everything without or opened packaging and all the goods not included in the standard delivery programme of seller.
24. The client unequivocally waives his right for compensation or any refund or counter refund from his part.
25. Seller guarantees that, at the moment of shipment, the goods are faultless and free of malfunctions that will significantly diminish the value or durability for normal use.
26. In addition buyer has the right to the manufacturer's warranty of the delivered goods. Buyer shall, within 7 days of receiving the articles, check articles bought through the web shop for completeness and possible defects, and shall, if this is the case, complain forthwith. When purchasing from the shop on (actual) location the buyer needs to check for completeness and possible anomalies immediately after purchase and if necessary complain. In case of hidden defects the complaint needs to be filed forthwith after noticing the hidden defect. Complaints need to be accompanied by a short description of the defect and a copy of the invoice.
27. If a defective article has been delivered buyer may have the defective article repaired or have a replacement delivery carried out. If repair is not possible, or no acceptable replacement delivery takes place, buyer is allowed to cancel the agreement.
28. Taking into consideration the restrictions enumerated below we vouch for the durability and quality of the materials and/or parts supplied by us separately, as far as defects of goods delivered are concerned, the client shall prove that they have arisen within 3 months of delivery and solely or predominantly as a direct consequence of faults in the goods delivered by us, faulty delivery or the use of inferior materials by us.
29. We do not accept any responsibility or warranty obligation:
A. for separately sold parts and/or vehicles which have been unprofessionally assembled an/or
used by the client or third parties;
B. for the serviceability or durability of materials and parts of which the
use has been ordered by the client or third parties.
C. for defects caused by mistakes or negligence of the client or third parties (including the suitability and dimensions of the vehicle and/or product on/onto which our parts have been fitted), regular wear and tear, incorrect use or incorrect maintenance; for the delivered "used" or "2nd hand" materials.
E. for sold vehicles, often because of the vehicle's age and condition.
F. for colour differences as far as claims for this reason are not accepted by our own suppliers;
G. as long as the client has not met his obligations toward us in whichever way;
H. for damage of any kind, arisen as a consequence of the fault of or intentional actions by client or third parties;
I. for minor shortcomings in the finishing, which do not influence durability;
J. for damages or discoloration as a consequence of temporary or permanent
external environmental influences, in any shape.
K. for damages and/or defects ensuing from negligent use.
27. The warranty never goes further than, at our discretion, repair or redelivery of the material or part concerned and this repair or this redelivery is regarded as a single and complete compensation; therefore we are never accountable for any further damage and our client safeguards us from claims by third parties.
28. The expenses of disassembly and assembly in case of repair or redelivery of separately sold parts are at the expense of the client.
29. Unequivocally barred from this warranty are defects to the gearbox and/or engine by negligent and/or unprofessional use.
30. Repairs to defects covered by the warranty conditions will only made by Kieft & Klok B.V. in Renkum.
31. Invoices by third parties and/or other expenses made by the client in relation to the defects in any form, covered by the warranty terms and conditions will not be compensated by the contractor.
32. All disputes that may arise between us and the client, will, at our discretion, be decided by arbitration pursuant to the rules and regulations of the Nederlands Arbitrage Instituut (Dutch Arbitration Institute) in Rotterdam, or by the mandated magistrate in the Arnhem judicial district or the magistrate mandated under the law. The decision in all disputes that are not brought before a regular magistrate, will take the shape of and bear the power of an arbitrary verdict, unless we have agreed with the client in advance that the decision will be made in the form of and bears the power of a binding advice.
1. The only rule of law applicable to the seller's quotations and all the agreements entered into by seller, is Dutch law.