Last change date: 09-05-2019. Filed at the Chamber of Commerce in Rotterdam under Number 63212021.
Trading company Regtvoort B.V. (Chamber of Commerce registration number 29048435) and Kontent Structures B.V. (Chamber of Commerce registration number 63212021) (hereinafter jointly further: ‘ Kontent ‘) are private limited companies Liability, registered in Alphen aan den Rijn and Bodegraven respectively. Both companies are also referred to as Kontent in the following joint.
All agreements between Kontent and its contractor (further: ‘ contractor ‘) exclusively apply to the general terms and conditions of Kontent. Kontent reserves the right to change these terms and conditions. These amended general conditions will then be applied in respect of already existing agreements.
All quotations and (other) offers of Kontent are completely without obligation and subject to errors and (price) changes.
Kontent could and may amend its prices at any time. Payment of the invoices should take place at the expiration date as stated on the invoice, often but certainly not only within 30 days after the invoice date. All payments must be made in the manner determined by Kontent without any deduction or offsetting. In the case of late payment, the contractor is legally in default and this náást the statutory (trade) interest also owes an administration fee of EUR 50. If Kontent proceeds to collect the amount due, the Contractor shall also be liable for the actual (collection) costs incurred with a minimum of EUR 250.
In case of cancellation by the contractor, in any case, twenty-five (25) percent of the order price will be charged as a cancellation fee, without prejudice to the right of Kontent to full compensation, including lost profits. Cases already purchased by Kontent, whether or not processed or not, should be taken in the event of cancellation in the absence of which the contractor is obliged to immediately comply with any costs incurred by Kontent. Cancellations must also be made in writing and confirmed by Kontent.
The delivery period indicated and agreed by Kontent is always purely indicative. Modification of the delivery period specified by Kontent does not entitle the contractor to dissolution and/or compensation. The case is as delivered when it is ready for shipment by or on behalf of Kontent.
If a case is delivered (cf. article 6), the contractor’s risk for all direct and indirect damage caused to, by or due to a case. All goods delivered by Kontent remain the property until the contractor has complied with the obligations (including interest and costs) under all agreements concluded between the parties. A tenancy agreement is not extended by the non-timely return, although the risk remains entirely with the contractor. Unless expressly agreed otherwise, the contractor must ensure proper insurance. Subject to the (rented) case, the risk in respect of third party claims (material and intangible) must also be ensured.
Warranty on the goods delivered by Kontent is limited to the manufacturer’s warranty. For damages resulting from incorrect, careless or improper use and/or use for non-normal (business) purposes, Contractor shall not be able to claim a successful warranty. If, without prior written approval from Kontent, the contractor passes or makes the assembly, repair or other work on the matter, any successful claim under warranty will lapse. If the contractor fails to comply, not properly or not in time with any obligation resulting from the agreement concluded with Kontent or from a related agreement, Kontent shall be in any way related to any of these agreements to any warranty (whatever is called).
Complaints concerning defects shall be made in written form as soon as possible after their discovery, but not later than 14 days after the expiry of the guarantee period, if any claim against Kontent for that Defects. Legal actions must be brought under penalty of forfeiture within 1 year of timely advertising. Returns must be sound and environmentally friendly and packaged, secured and transported in such a way that they arrive at Kontent in good condition.
The contractual or non-contractual liability of Kontent for damages arising out of, or related to, any shortcomings in the performance of the contract shall be limited to the amount which, in the case in question, under the Kontent’s liability insurance is paid. If, for whatever reason, no cover exists and/or no benefit is paid, the duty of compensation shall be limited to the amount of the invoice, with a maximum of EUR 25,000. In any case, Kontent is not liable for indirect damage, including but not limited to consequential damages, lost turnover and profit, lost savings and damage from company stagnation. The Contractor shall indemnify Kontent for any claims by third parties who suffer damage in connection with the agreement and the damage to the contractor. Any liability of Kontent expires in any case by the course of six months from the date of damage.
Contractor shall be liable for any damage to the (rented) case, including but not limited to, damage caused by loss, embezzlement, theft, alienation and extinction. Contractor shall also be liable for any repair and cleaning costs incurred by or on behalf of Kontent. Contractor shall also be liable for any damage caused in connection with (the use of) the (rented) case.
In the event of force majeure, Kontent is entitled either to suspend the obligations of the Agreement (s) without judicial intervention for a maximum of six months or to dissolve the agreement in whole or in part, without That it will be held to any compensation. If Kontent has already carried out part of the agreement at the time of the force majeure situation, it shall be invoiced as if it were a separate agreement. Kontent has the right to dissolve the agreement (s) without prior notice without any compensation or guarantee, including in the case of moratorium of payment or bankruptcy, dissolution or Termination of the contractor or if and as soon as the contractor does not comply with the obligations under the Agreement, not in full or in time.
In the case of delivery by the contractor to Kontent, the contractor shall ensure that the supply is of good quality and performance and is also free of defects, (ii) is in conformity with the provisions of the Agreement and specifications, is suitable for The purpose for which the delivery is from the nature of the case or according to the order, (iv) satisfies the legal requirements in the Netherlands and in the country of delivery and other applicable (international) government regulations and (v) complies with the current Standards.
During the stay, from any account whatsoever, of the case or business of contractor at Kontent, damages are always at the contractor’s expense and risk. The provisions concerning retention according to the ninth title of Book 7 BW and art. 6:27 find no application.
These general terms and conditions have been prepared in Dutch. The conditions are also translated into English and German. The Dutch text is binding in any dispute about the content or application. The legal relationship between Kontent and contractor is governed by Dutch law. Disputes will only be settled by the competent court in Rotterdam. The Vienna Sales Convention does not apply.