Algemene voorwaarden

By the private limited liability company Kin Pompentechniek B.V. based in Rijen (Netherlands)

Article 1. Applicability

These General Terms and Conditions govern all offers that we make and all agreements that we enter into, however they may be named. In particular, these Terms and Conditions also govern agreements that we enter into for the delivery of goods to our buyers.
Throughout these Terms and Conditions the term “buyer” is used to refer to the company or firm who has entered into any form of contract with us on the ground of a contract of sale that he/she/it has concluded with us or who/that wishes to enter into another type of agreement with us. The term ‘buyer’ also includes the person/party on whose behalf and/or for whose account goods are supplied.
It will be possible to derogate from the provisions stipulated in these General Terms and Conditions solely if and insofar as the parties have explicitly agreed on the derogation in writing.
In the event that the buyer also refers to its own or another party’s general terms and conditions, the terms and conditions to which the buyer refers will not apply, except if and insofar as the applicability of the terms and conditions referred to by the buyer are not contrary to our General Terms and Conditions, in which case only our Terms and Conditions will apply. Any provision stipulated in the terms and conditions referred to by the buyer will not affect the applicability of the foregoing provision.
References in these General Terms and Conditions to a “delivery (of goods)” are also taken to include the provision of services and the performance of work, of any kind whatsoever.

Article 2. Quotations

All of our quotations are to be regarded as invitations to the potential buyer to make an offer. Thus, they do not bind us in any way unless the quotation itself explicitly and unequivocally provides evidence to the contrary (in writing). An order that is placed with us constitutes an offer, which will not be deemed to have been accepted by us until after we have confirmed it in writing (the “order confirmation”).
Any designs, drawings, models, samples, descriptions, depictions, indications of size, etc., as well as any appendices and documents that relate to quotations, form an integral part of the quotations that we furnish, in particular with respect to the provisions stipulated in the preceding subsection. All of the foregoing, as well as any tools that we make in this context, will remain our property, must be returned to us immediately upon request and may not be copied and/or provided to third parties without our explicit written permission. We also reserve any and all intellectual and industrial property rights in this respect.
In the event that the order to which our quotation relates has not been placed within three months after the day on which we furnished our quotation, we will be entitled to charge the buyer the costs that we have incurred in connection with the issuing of our quotation, also including the costs of making the tools referred to in the preceding subsection.

Article 3. Conclusion of the agreement

An agreement with us will be deemed to have been concluded when we have accepted, in writing, the order that has been placed with us. An agreement will be deemed to have been concluded at the time at which we send the order confirmation.
The buyer is bound by its order, in whatever form it has been placed with us, for a term of eight days after the date of the order, or (in the event that the order has been given orally) after the order has been placed. Thus, in the event that the buyer states that it wishes to cancel or change the order that it has given during that eight‐day term, that will not prevent an agreement from being concluded on the basis of the (original) order in the event that we accept/confirm the order within that eight‐day term.
The order confirmation that we send to the buyer will be deemed to fully and correctly represent the content of the agreement that has been concluded. The buyer will be deemed to have accepted the content of our order confirmation unless it informs us within eight days after the date of our order confirmation that it does not accept the content.
Any and all supplementary agreements and/or commitments that are made by our employees or that are made on our behalf by other persons who act as representatives will bind us only in the event that such agreements and/or commitments have been confirmed by our director(s) who are authorised to represent us.

Article 4. Prices

Our prices are exclusive of turnover tax and, unless we have explicitly agreed otherwise in writing, exclusive of packaging, transportation costs and any other costs.
The prices indicated in offers, quotations, contracts and order confirmations are based on the cost factors at the time at which the agreement has been concluded, such as exchange rates, manufacturers’ prices, prices for raw materials and other materials, salary costs and transportation costs, insurance premiums, taxes, import duties and other government levies.
In the event that there are increases in one or more of the cost factors after the date on which the agreement has been concluded but before the date of delivery, we reserve the right to charge such increases on to the buyer. In such cases we also will have the right to declare that the agreement has been dissolved in whole or in part without any judicial intervention being required. The buyer also will have the latter right, however only in the event that we take the position within three months after the agreement has been concluded that an increase in the price indicated in the order confirmation ensues from changes in the costs. In the event that the buyer exercises that right, it must do so by registered letter within five days after receipt of the notification in question.