General terms and conditions G&R Chroming and Restoration
F. van Loon hodn G&R Chroming and Restoration is registered with the Chamber of Commerce under number 17208419 and is located at Maasstraat 22 (5404ND) in Uden.
Article 1 – Definitions
1. In these general terms and conditions, the following terms are used in the following meaning, unless expressly indicated otherwise.
2. Offer: Any written offer or quotation to the Client for the delivery of Products and/or the performance of Work by the Contractor.
3. Contractor: The contractor who has the work performed independently or under his supervision by others, hereinafter: G&R Chroming and Restoration.
4. Company: The natural or legal person who acts in the exercise of a profession or business.
5. Consumer: Natural person who is not acting in the exercise of his profession or business.
6. Client: The Company or the Consumer who enters into a (distance) Agreement with the Contractor.
7. Activities: The activities that G&R Chroming and Restoration offers are all activities in the broadest sense of the word within the chrome plating of parts.
8. Agreement: the Agreement in which G&R Chroming and Restoration undertakes towards the Client to create and deliver work of a material nature outside employment for a price in money to be paid by the Client, making these general terms and conditions an inseparable whole. forms.
Article 1 - Conclusion of the Agreement
1. The Agreement is concluded at the moment that the Client has accepted an Offer or quotation from G&R Chroming and Restoration.
2. G&R Chroming and Restoration is not obliged to an Offer if the Client could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or error. The Client cannot derive any rights from this mistake or error.
3. G&R Chroming and Restoration has the right to refuse an Agreement with a potential Client for a good reason for G&R Chroming and Restoration.
Article 2 - Prices and payment
1. In principle, all prices are exclusive of turnover tax (VAT) and other tax levies. For Consumers, prices are shown including VAT. The price also includes shipping to and from Poland.
2. The Client cannot derive any rights or expectations from a budget issued in advance, unless the parties have expressly agreed otherwise.
3. The Client, being a Consumer, must pay the amount due after completion of the Work and after the Consumer has collected the goods. Companies have the option to pay afterwards by means of an invoice.
4. The Client, being a Company, is obliged to pay the agreed amount within the latest payment term of 14 days.
5. The Client must pay these costs in one go, without suspension, deduction and/or settlement, to the account number and details of G&R Chroming and Restoration made known to it. The client can only agree on a further term in which the amount owed must be paid after explicit and written permission from G&R Chroming and Restoration.
6. G&R Chroming and Restoration is entitled to set off all amounts already paid by the Client against the (outstanding) compensation owed by the Client.
Article 4 - Performance of work
1. G&R Chroming and Restoration will make every effort to perform the Agreement with the greatest possible care, as may be expected of a good Contractor. All Work is performed on the basis of a best efforts obligation, unless a result has been explicitly agreed in writing that is described in detail. Under no circumstances does G&R Chroming and Restoration guarantee that the Work performed and/or the goods delivered by it are suitable for the purpose intended by the Client.
3. G&R Chroming and Restoration is entitled to engage third parties for the performance of the Work at its own discretion.
4. G&R Chroming and Restoration may, if this is necessary for the execution of the Agreement, request additional information. Failing this, G&R Chroming and Restoration is entitled to suspend its activities until the information has been received, without being obliged to pay any compensation for whatever reason towards the Client. In the event of changed circumstances, the Client must notify G&R Chroming and Restoration of this immediately or no later than 3 working days after the change has become known.
5. The Client must assemble the delivered and chrome-plated parts on/to his vehicle himself. G&R Chroming and Restoration is never responsible for this.
Article 4 - Delivery or Delivery
1. G&R Chroming and Restoration will make every effort to complete the Work within the agreed term, insofar as this can reasonably be expected of it.
2. The Client has an independent responsibility for the management, use and maintenance of the goods made and/or delivered by G&R Chroming and Restoration.
3. If G&R Chroming and Restoration has indicated that the work is ready to be delivered and the Client does not inspect the work within a reasonable period of time and accepts it, whether or not subject to reservation, or if it puts it into use, modified or has it processed, the Client is deemed to be to have tacitly accepted the work. Minor defects that can be repaired during the maintenance period are no reason for non-acceptance of the delivered item if this does not prevent the commissioning. After acceptance, the work is considered completed.
4. After completion, the work is at the risk of the Client. It therefore remains liable to pay the price, irrespective of the destruction or deterioration of the work due to a cause that cannot be attributed to the contractor.
5. G&R Chroming and Restoration is not liable for defects that the Client should reasonably have discovered at the time of delivery, except in the case of intent or willful recklessness on the part of G&R Chroming and Restoration.
6. If G&R Chroming and Restoration has indicated that the work is ready to be delivered and the Client does not collect the work but wishes to have it sent, then the Client must ensure that the work is insured. G&R Chroming and Restoration cannot be held liable for loss of parts by logistics organizations after notification has been completed.
Article 6 - Warranties
1. Every guarantee is explicitly agreed in writing. Guarantees never extend further than what has been explicitly agreed. The warranty is 12 months.
2. G&R Chroming and Restoration will carry out the Work in accordance with the standards applicable in the industry. If any guarantee is given, this is limited to what has been expressly agreed in writing and only insofar as the guarantee has been received from the suppliers. During the warranty period, G&R Chroming and Restoration guarantees a sound and customary quality of the delivered or completed products.
3. The Client can only invoke the guarantee given by G&R Chroming and Restoration if the Client has fully complied with its payment obligations.
4. If the Client rightly invokes an agreed guarantee, G&R Chroming and Restoration is obliged to repair or replace the delivered or delivered goods free of charge. If in addition there is any additional damage, the applicable provisions of the liability of these general terms and conditions will be adhered to. If repair cannot reasonably be required of G&R Chroming and Restoration, a Consumer is entitled to dissolve the Agreement in writing or to demand a discount on the agreed price or compensation.
5. The warranty lapses as soon as the warranty period has expired, the warranty obligation lapses, the Client itself makes adjustments or has them made to the delivered and/or delivered goods, in the opinion of G&R Chroming and Restoration incorrectly used, treated or maintained.
Article 7 - Risk transfer
The risk of loss or damage to the parts that are the subject of the Agreement transfers to the Client, being a company, at the moment the car parts leave G&R Chroming and Restoration after they have been chromed. For Consumers, the above-mentioned risk will pass to the Client if the car parts have been provided under the control of the Client. This is the case if the car parts have been delivered to the delivery address of the Client.
Article 8 - Limitation of liability
1. If the performance of Work by G&R Chroming and Restoration leads to liability of G&R Chroming and Restoration towards the Client or third parties, that liability is limited to the costs charged by G&R Chroming and Restoration in connection with the assignment (once the invoice value, with the exception of material costs, exclusive of VAT) unless the damage is the result of intent or recklessness bordering on intent on the part of G&R Chroming and Restoration.
2. G&R Chroming and Restoration is not liable for consequential damage in any form whatsoever, indirect damage, trading loss, loss of profit and/or loss suffered, missed savings, damage due to business interruption.
3. If the work shows defects after delivery for which G&R Chroming and Restoration is (proven) liable, G&R Chroming and Restoration must be given the opportunity to remove the defects within a reasonable period of time, without prejudice to the liability for damage as a result of the defective delivery, unless the costs of repair would be disproportionate to the Client's interest in repair instead of compensation.
4. The Client is liable for damage to the work as a result of Work performed or deliveries performed by it or by third parties on its behalf. Damage resulting from the use of materials prescribed by the Client and/or execution of a design originating from the Client will also be entirely at the expense and risk of the Client.
5. G&R Chroming and Restoration does not guarantee a correct and complete transmission of the content of and e-mail sent by or on behalf of G&R Chroming and Restoration, nor for the timely receipt thereof.
6. All claims of the Client due to shortcomings on the part of G&R Chroming and Restoration will lapse if they are not reported in writing and with reasons to G&R Chroming and Restoration within one year after the Client was aware or could reasonably have been aware of the facts on which it bases its claims. . The liability of G&R Chroming and Restoration expires after one year after the termination of the Agreement between the parties.
7. The work may entail that guarantees from third parties, including factory guarantees, will lapse. G&R Chroming and Restoration is not liable for damage suffered by the Client as a result of the loss of any warranty claim from third parties.