TREU interior specials
General terms and conditions of delivery
For all products and services
These general terms and conditions apply to all our agreements. By simply placing an order, the customer accepts these conditions both for the agreement in question and for future agreements. Deviations from these conditions can only be made in writing. The Dutch text of these conditions is decisive. The customer’s general terms and conditions are expressly rejected.
If the customer places an order, the agreement only comes into effect once we accept it in writing or once a start is made on its execution.
In the event of a written order confirmation on our part, this alone determines the content of the agreement. Samples shown or provided or other visualizations serve only as an indication, without the item to be delivered having to correspond to them. Minor deviations with regard to specified dimensions, weights, numbers, colors, thicknesses, qualities, designs and the like do not count as shortcomings. With regard to quantities, deviations of 10% or less are considered minor.
Design drawings, detailed work drawings, models, photographic recordings, samples, designs, logos, specified dimensions, quantities, patterns, colors, materials and/or other data provided to Treu Interior Specials are assumed by Treu Interior Specials to be correct and adequate, without any further investigation. Treu Interior Specials is indemnified against claims in and out of court, by a third party, who states that a trademark, patent, trade name, model, copyright or any other right of that third party has been infringed by the use by Treu Interior Specials of the data mentioned in this article. If a third party objects to delivery, Treu Interior Specials is, without prejudice to the foregoing, entitled without further ado not to carry out the delivery and/or to cease it immediately and to demand compensation for the costs incurred and damages from the other party without Treu Interior Specials being held to any compensation towards the other party.
The prices stated in quotations and order confirmations are indicative. Any price changes will be communicated to the customer in writing. In the event of price changes, the customer is entitled to cancel their order for 1 week after the date of dispatch of the notification thereof. All prices are carriage paid to house in the Netherlands and exclusive of VAT.
Delivery is carriage paid to house within the Netherlands according to Incoterms 2000. Each shipment is invoiced separately. All delivery periods are indicative. Exceeding them does not entitle the customer to compensation. If, in the event of a delivery period being exceeded, delivery has not taken place within 4 weeks after a written notice of default, the customer is authorized to cancel the order. The customer is at all times obliged to take delivery 4 weeks after completion from production, unless otherwise agreed in writing. In the event of refusal of purchase, there is no obligation on our part to store the goods.
The contractor may perform additional work and charge the client for this on top of the work for which the assignment was given in the event that the client has granted prior permission for this. However, if the contractor is obliged to perform additional work by virtue of their (legal) duty of care, they are entitled to charge the client for this, even if the client has not explicitly granted prior permission for the performance of the additional work. For work not mentioned in our quotation and/or order confirmation, but which nevertheless must be carried out, an hourly rate of €49.50 applies.
Materials required for the additional work and the man-hours are included in the final invoice.
Our invoices must be paid within 7 days of the invoice date, without set-off, discount and/or suspension. In the event of late payment, all payment obligations of the customer become immediately due and payable, and the customer owes interest in the amount of the deposit rate of the European Central Bank plus 6.25%. Extrajudicial collection costs will be charged to the customer in accordance with the collection rate of the Dutch Bar Association.
The other party cannot cancel a given order, unless otherwise stipulated in the agreement. Changes to and/or additions to this provision can only be agreed upon in writing. In the event that parties cancel an order already given in mutual consultation, the other party is obliged to compensate Treu Interior Specials for the resulting damage, unless otherwise agreed in writing. The damage is determined at the net amount involved in the order.
We reserve the ownership of all delivered items until the customer has fully fulfilled all obligations arising for them from the purchase agreement(s). The customer is not entitled to any claim to set-off or right of retention.
The right of withdrawal does not apply to our products and services, as our products and services are produced and delivered specifically for the customer.
Copyright as well as all other intellectual property rights with regard to delivered items are expressly reserved, unless explicitly stated otherwise. Use of Treu Interior Specials’ intellectual property rights (including its trade name) is only permitted within the framework of the agreement concluded between Treu Interior Specials and the customer. The customer is only permitted to sell the product and to advertise it in the manner agreed upon.
The customer is obliged to check the items upon delivery (and therefore before processing). Any defects found must be reported to us in writing within 7 days of delivery. If the delivered goods do not comply with the agreement, we are, at our choice, only obliged to deliver the missing parts, repair the delivered item or replace the delivered item. Our processing instructions are to be regarded as expert advice; we accept no liability for their execution.
If proper performance by us is wholly or partially impossible, either temporarily or permanently, as a result of external or internal circumstances that are not for our account, we have the right to dissolve the agreement.
Warranty
A warranty period of 5 years applies to defects caused by production errors. This is based on equal depreciation per year of use. Moving parts in window decorations have a maximum warranty of 2 years for production errors.
Any liability on our part is limited to the invoice value of the order placed or, in the case of damage arising from defects in the delivered items, to the invoice value of those delivered items. The foregoing is without prejudice to legal liability under mandatory statutory provisions.
Dutch law applies to the agreements concluded with the customer. All disputes arising from the agreements concluded with the customer will in the first instance be submitted to the competent court in
Amsterdam, the Netherlands. We may at any time agree to deviate from the choice of forum and choice of law clause in favor of the customer. Such a deviation does not affect the validity of all other provisions of these conditions.