General Terms and Conditions Korse Glas vof
Article 1: Definitions
1.1 User of these General Terms and Conditions ("GTC") is Korse Glas vof. Where this GTC refers to “Korse Glas” and/or “us ” and/or “we” what is intended is: Korse Glas vof (registered at the Dutch Chamber of Commerce under reference number 75392178, VAT registration number NL860264877B01, located at Ringbaan-Noord 156-29, 5046 AC in Tilburg (telephone +31 (0)6 294 332 98, email: firstname.lastname@example.org), as well as any enterprises affiliated with Korse Glas.
1.2 Where this GTC refers to “customer”, a counterparty of Korse Glas is intended.
1.3 Where this GTC refers to “products”, products from the agreement between Korse Glas and the customer are intended.
1.4 Where this GTC refers to “written” also email traffic is implied.
Article 2: General
2.1 Korse Glas reserves the right to unilaterally modify this GTC. Korse Glas will inform the customer about the changes. The changes shall be applicable and form part of the contractual relationship with the customer, unless the customer objects, in written form, within six weeks from the change notice.
2.2 Images from products on websites and catalogs are exclusively intended for illustrative purposes. Korse Glas reserves the right to correct publication errors. Despite our efforts prices of products may be displayed incorrectly. Korse Glas reserves the right to cancel any order, that is the result of such a wrong pricing, also when the customer already received an order confirmation from Korse Glas.
Article 3: Quotations and orders
3.1 All quotations are non-committal. An offer is valid during the period, that is specified in the quotation. After the expiry of this period the non-committal offer expires and can no longer be invoked.
3.2 Agreements are concluded after the order from the customer is either confirmed in writing by Korse Glas or the customer has sent the order approval to Korse Glas or the order has actually been executed by Korse Glas.
3.3 The prices as included in a quotation are excluding VAT and excluding transport, unless stated otherwise.
Article 4: Termination
4.1 When a customer terminates an agreement in whole or in part, the customer is obliged to reimburse all reasonable costs that Korse Glas has made for the implementation of the agreement, without prejudice to Korse Glas's right to claim reimbursement of costs, damage, losses (including lost profit) and legal (commercial) interest resulting from the termination of the agreement in question.
4.2 Without prejudice to other rights of Korse Glas, Korse Glas has the right to terminate the agreement in the event that the customer is in default or in the event of liquidation of the customer, or in the event of (request for) suspension of payment or the bankruptcy of the customer. In the aforementioned cases, all claims of Korse Glas on the customer are immediately due and payable.
Article 5: Complaints
5.1 The customer is obliged to examine the products immediately after delivery. Products supplied are deemed to have been accepted by the Customer unless a defect is reported to Korse Glas: 1) in the event of a visible defect within a period of five working days after delivery or 2) in other cases within a period of five working days from the day on which the defect was discovered or should reasonably have been discovered. If the customer does not complain in time, the customer's right to invoke any defect lapses. Small, commercially acceptable or technically unavoidable variations in quality, quantity, size, color, finish, dimensions, treatment and the like cannot be regarded as a defect and are accepted by the customer.
5.2 If complaints are submitted in time as a result of the previous paragraph, the customer remains obliged to purchase and pay for the products.
Article 6: Guarantee
6.1 Korse Glas guarantees that the products delivered 1) comply with the agreement and 2) comply with the laws and regulations in force in the Netherlands at the time of delivery 3) are free from design, material and manufacturing defects.
6.2 The customer can rely on this guarantee for up to 3 months after delivery of the products. If a factory guarantee from a third party applies to the products, the provisions of the factory guarantee will prevail.
6.3 If the products do not comply with the guarantee in article 6.1, the customer will inform Korse Glas in writing within the period described in article 5.1. In this written warranty claim the customer must state the following: 1) the products concerned, 2) the date on which the products were purchased and delivered and 3) explanation of the defect that the customer has found.
6.4 If the customer does not make a timely complaint and does not invoke in time what has been stipulated in this guarantee provision, the right of the customer to invoke this guarantee provision will lapse.
6.5 When the customer invokes this warranty provision in time, Korse Glas will assess the warranty claim at its own discretion. The customer will make the products available to Korse Glas for examination at the first request from Korse Glas. The customer will send the relevant products to Korse Glas after written permission from Korse Glas. The customer uses the original packaging of the products for this. In this case, the customer bears the risk and the costs of shipping the products.
6.6 If, at the discretion of Korse Glas, an appeal to the warranty is justified, Korse Glas will repair or replace the products at its own discretion within a reasonable period of time.
6.7 In any case, a successful claim to this guarantee provision cannot be made if: 1) a defect is wholly or partly the result of improper or careless use of the product, 2) the product has been modified or treated and 3) on request by the customer Korse Glas has used certain raw materials, packaging and the like for the product, which caused the defect or contributed to causing the defect.
6.8 With due observance of the provisions of this article, all legal claims and defenses of the customer arising from, or related to, defective products expire 3 months after the products have been delivered.
Article 7: Delivery and delivery time
7.1 Delivery is made from the factory or from a Korse Glas warehouse.
7.2 The transport will only take place at the expense of Korse Glas if this is expressly stated in the quotation or in the price list. The risk of destruction and / or damage, theft, etc. of the goods to be delivered during transport is at the risk of Korse Glas.
7.3 The risk of damage to or loss of the purchased products will pass to the customer from the moment of delivery of the products.
7.4 The customer is obliged to accept delivery of the purchased goods at the time they are delivered to him or at the time they are made available to him in accordance with the agreement. If the customer refuses the purchase or is negligent in providing information or instructions necessary for delivery, the goods will be stored at the risk of the customer. In that case, the customer will owe Korse Glas all additional costs, including at least the storage and extra transport costs.
7.5 The specified delivery times are not strict deadlines, unless explicitly agreed otherwise. In the event of late delivery, Korse Glas must be given written notice of default by the customer, whereby Korse Glas is given a reasonable term to comply.
7.6 When the delivery time is exceeded, except in the case of force majeure, Korse Glas is only obliged to compensate the customer for damage if it can be blamed for that late delivery in accordance with the law.
7.7 Exceeding the agreed delivery time only gives the customer the right to invoke the dissolution of the agreement, after the customer has first informed Korse Glas in writing by registered letter that it is in default, whereby Korse Glas is allowed a reasonable period to still to be able to meet its delivery obligation.
7.8 Korse Glas is allowed to deliver the sold goods in parts. If the goods are delivered in parts, Korse Glas is authorized to invoice each part separately.
Article 8: Payment
8.1 Payment must be made within 14 days after the invoice date, unless a different payment term has been agreed in writing, by means of cash payment or by transfer of the amount due to the account number indicated on the invoice in the name of Korse Glas.
8.2 After the payment period has expired, the customer is in default; from the moment of default, the customer owes contractual interest of 1.5% per month on the claimable amount.
8.3 If the customer is in default or in default with the fulfillment of one or more of his obligations, the customer is obliged to reimburse all collection costs, both judicial and extrajudicial, to Korse Glas. The extrajudicial (collection) costs amount to at least 15% of the invoice amount with a minimum of €250.
8.4 In the event of liquidation, bankruptcy or suspension of payment of the customer, the obligations of the customer are immediately claimable.
Article 9: Retention of title
9.1 All goods delivered or to be delivered to the customer remain the property of Korse Glas until the customer has fulfilled all obligations, including those with regard to fines, costs and compensation, from all (purchase) agreements concluded with Korse Glas.
9.2 Goods delivered by Korse Glas that are subject to retention of title may only be resold in the context of normal business operations. Incidentally, the customer is not authorized to pledge the goods or to establish any other right on this.
Article 10: Liability
10.1 If Korse Glas is liable for damage, the liability of Korse Glas is limited to the amount of the invoice.
10.2 Korse Glas is never liable for damage as a result of defects in delivered goods as arranged in articles 2, 5 and 6 of these terms and conditions.
10.3 If there is a defect in the delivered goods, Korse Glas is never liable for any consequential damage. Consequential damage is understood to include (indirect) business damage, stagnation damage, loss of production, lost profit, loss of orders, transport costs, travel and accommodation costs and so on.
10.4 Korse Glas is not liable for damage to goods delivered by it that is the result of improper processing of those goods by the customer.
10.5 The customer indemnifies Korse Glas against all claims from third parties, including those for product liability, as a result of a defect in a product that was delivered by the customer to a third party and that (partly) consisted of goods delivered by Korse Glas. The customer is obliged to compensate all damage suffered by Korse Glas in this regard, including the (full) costs of the defense.
Article 11: Force majeure
11.1 If the agreement is not or only partially fulfilled by Korse Glas as a result of force majeure, the agreement will either be dissolved with immediate effect by a written statement or the performance of the agreement will be suspended for the duration of the force majeure, without any obligation to pay compensation.
11.2 If, upon the commencement of the force majeure, Korse Glas has already partially met its obligations, or can only partially meet its obligations, it is entitled to separately invoice the delivered part or the deliverable part and the customer is obliged to pay this invoice as if it concerns a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
Article 12: Applicable law and forum choice
12.1 All disputes arising from agreements between Korse Glas and the customer will be settled by the Zeeland-West Brabant court, location Breda, at least if the competence rules prescribe this by the canton sector of the said court, location Tilburg.
12.2 Dutch law applies to every agreement between Korse Glas and the customer, with the exception of the Vienna Convention (CISG).
Article 13: General provisions
13.1 The customer is not permitted to transfer his agreement or order or any interest therein to third parties, unless Korse Glas has agreed to this in advance in writing. Such a transfer (or an attempt at such a transfer) without the prior written permission of Korse Glas gives Korse Glas the right to cancel the order.
13.2 The text of the GTC is available in multiple languages. If there is any discrepancy in the different language versions, the Dutch version of the GTC will prevail at all times.
Version 1: 12-10-2019