GENERAL SALE AND DELIVERY CONDITIONS
|Definitions and Glossary:|
|Parties||:||Both the visitor / customer and Lemmens-Online!|
|Client||:||The visitor or customer of Lemmens-Online!|
|Contractor||:||Lemmens Crane Systems, already represented as Lemmens-Online!|
|Supplier||:||Supplier or her manufacturer of the products offered in this shop|
These terms and conditions apply to all orders and deliveries made through the online store "Lemmens-Online!" And should be accepted separately upon completion of an order before binding is agreed.
2. Agreement and dissolution
2.1 All offers and products on this website are non-binding and based on the information provided by the supplier which is deemed to be correct.
2.2 The agreement will become binding upon receipt by the contractor of the order made by the contractor and ordered by the client. Except for this, the payment method is "by invoice"; Then the time when the order is completed and confirmed by e-mail to the client is binding.
2.3 In the case of the payment method, "Any invoice" may be suspended by the Contractor in the absence of sufficient creditworthiness of the Client. This requires no notice of default.
2.4 Changes to the order placed in connection with non-contractor reasons, are only valid if they have been reported in writing and confirmed by the client. Changes to an already ordered order include, when a higher cost price arises, to be considered as an additional price and, as far as lower costs arise, as a lower price. In case of a product change by the supplier or withdrawing from the supplier by the supplier or the (temporary) delivery of the product by the supplier, Lemmens Online! A replacement item offered in accordance with the conditions described in 2.4a. In this case, it allows the client to cancel the order for free. Lemmens Online! In the latter case, credit will be credited within 30 days.
2.5 No order can be canceled by the client without the consent of the contractor. If the contractor agrees with this, he has the right to property damage such as costs, loss of profits and any interest that is being passed on to the client.
Drawings - Descriptions - Advice - Industrial and Intellectual Property Rights 3.1 The Contractor is not responsible for a design, manual, or any user's advice provided by the Supplier.
3.2 The advice provided by the contractor is non-binding.
3.3 In all designs that are not manufactured by him, the contractor accepts responsibility for manufacture in accordance with the instructions and the accuracy of the materials. The contractor will be given the time and opportunity to study and evaluate the design, with the client giving him all the information that is necessary for this purpose. The contractor must not do this without charge unless otherwise agreed.
3. 4 Quotations and drawings made available to the client, which allow the price quotation, manufacture and assembly to remain the property of the contractor. They may not be used, copied or passed on to third parties without the consent of the contractor. The contractor thus retains all intellectual or industrial property rights.
3.5 After the client has returned the approval signatures, signed by agreement, to the contractor, he can not make any changes to these drawings under any circumstances. This can only be done in consultation with the contractor, and the (consequential) costs associated with it will be charged to the client.
3. 6 The dimensions and weights of our products are provided online for information and approximation and can not give rise to controversy. Our deliveries and fittings enjoy the usual tolerances.
4. Delivery and delivery
deadlines 4.1 The deadlines run from the day the contractor is in possession of the accepted order and upon receipt of the payment, unless the payment method is provided "by invoice". If the client fails to accept or complete the order, the unfinished order will be removed within 10 days. If the order is completed but the payment will continue, the delivery time will be extended accordingly.
4.2 Unless otherwise agreed, delivery terms specified in the agreement are only an approximation. Any delay may never give rise to breach of the agreement or to any compensation.
4.3 The goods are delivered by the contractor franco.
4.4 If the customer does not receive the goods on delivery while the order is completed online and confirmed to the client, he can not postpone the payment. Any additional costs incurred by the client in this case.
For (temporary) storage and any insurance of the goods, the contractor can take care of the client.
4.5 The time of delivery at the address specified by the client is considered to be the actual delivery date.
5. 1 If request is made by the contractor for the order ordered by the client, this must be requested by means of a separate tender.
Before ordering the order, the client must focus on Lemmens Crane Systems (www.lemmenscranesystems.com). Warranties on the order will expire when damage due to assembly / installation by a non-expert party has occurred.
Assignments commissioned by Lemmens Crane Systems are subject to the General Terms and Conditions of Lemmens Crane Systems. Lemmenscranesystems.com). Warranties on the order will expire when damage due to assembly / installation by a non-expert party has occurred. Assignments commissioned by Lemmens Crane Systems are subject to the General Terms and Conditions of Lemmens Crane Systems. Lemmenscranesystems.com). Warranties on the order will expire when damage due to assembly / installation by a non-expert party has occurred. Assignments commissioned by Lemmens Crane Systems are subject to the General Terms and Conditions of Lemmens Crane Systems.
of title 6.1 The goods remain, irrespective of the consensus on the sales terms, ownership of the contractor until the full payment of the full price, including any negligence interests, the injunction and any additional costs. The possible delivery of the item sold does not preclude this retention of title.
6.2 The Contractor has the right to claim the entire Appointment Amount or to recover the goods if the Client fails to fulfill his obligations, if he liquidates, applies for payment of payment or the court order, is declared bankrupt or confiscated Placed on his goods. The contractor has the right to recover the goods wherever they are. All costs of removal, including assembly, transportation, and the like, will be borne by the client.
6.3 The client undertakes to provide the customer with the first question of the goods sold which confirm the property of the contractor. The client will oppose any act of third parties that could damage the contractor's proprietary right. In addition, the client will immediately inform the Contractor of any infringement or possible infringement of his ownership. The client will be liable for any damage resulting from non-compliance or non-compliance with current terms.
6. 4 The client is prohibited from selling or pledging the goods sold to third parties and integrating the goods into a larger whole as long as they are the property of the contractor. The client will be liable for any damage resulting from non-compliance with current terms.
6.5. Contractor provides the owner with the right to ownership upon fulfillment of all his obligations, subject to contractual property rights, for other claims held by the contractor on the client.
7.1 All our invoices are payable within the agreed time period (s) stated on the invoice. If this is not met, a interest rate of 1% per month will be charged without prior notice and by law. The contractor is entitled to charge the principal out of the principal and any interest, all costs incurred by both judicial and extrajudicial, due to non-payment. For extrajudicial costs, the principal will owe a sum equal to 10% of the principal to the Contractor, unless the Contractor can prove that these costs exceed the above-mentioned percentage.
7.2 Failure to comply with these payment terms gives the contractor the right to suspend all deliveries and work at the risk of the customer and to allow the goods to be transported at the assembly site. Even if a fixed delivery time was agreed. The delivery time will then be extended with a period equal to the duration of non-compliance with payment terms.
7. 3 Discount deduction can not be made unless the contractor has issued credit notes.
7.4 The client's right to settle his claims on the contractor is explicitly excluded from the assignment.
8. Force majeure and liberating circumstances - Unenforceability of the contract
8.1 If force majeure, if continued after the conclusion of the agreement and its execution, the following points prevent:
- storm damage - barrier to transport - work strikes and labor disputes - fire mobilization - confiscation - scarcity of raw materials - restrictions on energy consumption - all situations in which the contractor can not be expected to be delivered in a timely fashion.
8. 2 In the event of the above mentioned circumstances, the contractor must inform the client immediately in writing as well as at the time of expiry.
8.3 The occurrence of these circumstances removes all liability of the contractor.
8.4 No suspension may exist if compliance is permanently impossible or the temporary impossibility lasts more than 6 months in which case the agreement is terminated without any party entitled to compensation.
9.1 The contractor undertakes to rectify any undisputed and hidden defects that are not the result of force majeure, of the incorrect intervention of the client or third parties by replacement or repair.
The costs of the materials consumed and the hours worked will be fully borne by the contractor.
9.2 The warranty period expires 1 year after commissioning. The warranty period expires 2 years after commissioning at the conclusion of a maintenance contract at the contractor's maintenance service.
9.3 The contractor shall not be liable for damages if:
- the defects can not be shown at the time of
commissioning of the goods, - damage is attributable to the client's mistakes (incorrect operation, adjustments made by the client)
- Damage due to lack of maintenance or maintenance in violation of the maintenance instructions.
- Damage due to the intervention of a third party not recognized by the Contractor.
If the manufacturing is done according to the customer's drawings, the warranty will be limited to strict execution of the documents as indicated on this drawing.
9.4 The Contractor shall, except as stipulated in item 9.1. No other warranty or damages may be held. In particular, the contractor will not be liable for any damages for any damage to goods used for business purposes or for losses attributable to the client's professional activities or the persons for which he is liable under Article 1384 of the Dutch Civil Code.
9.5 The warranty claim expires upon non-full payment of the full price, Including any negligence interests, damages and any additional costs.
10. Complaints and Disputes
10.1 All complaints regarding visible defects must be submitted to the Contractor in writing, no later than 8 days after receipt of the invoice.
10.2 The agreement is governed by the law of the contractor's country unless the parties have agreed otherwise and in writing.
11.1 The Contractor is liable for damage suffered by the Client, which is the direct and exclusive consequence of a defect attributable to the Contractor. However, for compensation, only the damage to which the contractor is insured or reasonably insured should be considered.
11. 2 If, at the time of entering into the contract, it is not possible, or not under reasonable conditions, to terminate the insurance referred to in paragraph 1 or to extend it to reasonable conditions, the compensation shall be limited to the amount Contracted by the contractor for this agreement (excluding VAT).
11.3 Not eligible for compensation: Company damage including, for example, stagnation damage and loss of profits. Client must ensure that this damage is made possible.