Legionellafreefilter.nl and Watershield.nl of trading company WaterShield B.V. established in Weesp.
Amended and filed with the Chamber of Commerce number 6094663
The following delivery conditions are part of all our offers and also of any closed transaction with us as far as not expressly deviated from it in writing by both parties.
A reference by the purchaser to their own purchase conditions is not accepted by us, unless the contrary has been confirmed by us writing in advance.
All our offers are not binding.
Transactions are only binding if these have been confirmed by us, or from the time when we began with their implementation; This in particular applies also for the purposes of offers made by our representatives or other persons under contract with us and offers and commitments made by them.
3. Measurements, weights, drawings and images and technical data
In our offers, catalogues, stock lists, circulars and other advertising material specified dimensions, weights and specifications, components, and the associated drawings and images shown are approximate only and are not binding unless expressly in writing by us a warranty is provided. The copyright of our pictures, drawings, and designs schema`s components, and in general which are published by us, are coming solely for our account regardless of whether or not fees are charged to us; without our permission these publications the contents ,neither complete, neither partly may not be made available to third parties in any form.
Prices quoted by us are non-binding, as they are based on factory prices prevailing at that time, prices of foreign currencies, import duties and equivalent taxes, insurance rates, freight, taxes, margin regulations and other similar factors. If one or more of these factors changes before the delivery has taken place, we are entitled to at our discretion, to modify the prices equitably. Unless stated otherwise, our prices are per piece and exclusive of VAT and other sales taxes and delivery quoted government charges.
The trade discounts granted by us are only valid for orders up to a gross value (excluding VAT), higher than every now and then established border by us.
All our deliveries are made in the Netherlands on the condition: `delivery address` freight free. Outside the Netherlands we delivery merchandise Free on Board Amsterdam airport, and Rotterdam sea port. Insurance therefor for shipment from port to destination therefore are to cover and for account of the receiver.
Unless the goods are delivered in a factory packaging for which our own supplier is not billing us separately for it, packaging costs could be charged extra by us.
7. Delivery times
The delivery times specified by us are only approximate, unless a certain delivery time expressly has been guaranteed in writing by us.
Apart from cases in which we have given a guarantee, the compliance of the specified delivery time depends on our capabilities.
Force majeure and other circumstances are such that reasonable performance of the transaction cannot be demanded from in case our own suppliers are not able to supply us in time we extend, the delivery time by a period equal to that of the continuation of such circumstances.
Except for gross negligence on our part, exceeding the delivery time to the customer is not entitled to full or partial termination of the transaction, nor to compensation.
If delivery has not taken place within six months after the transaction was established, however, we ourselves and the customer have the right to cancel the order. This right also exists if the transaction had been carried out partly.
We are authorized an order in its entirety or successively after the goods become available for delivery in part deliveries. When we deliver in parts, we are nevertheless entitled to invoice relating to a the partial delivery, to demand payment in accordance with the applicable payment terms. Notwithstanding the preceding 7 below, applies to transactions on demand, that the purchased goods have to as much as possible divided in equal amounts and deadlines over a period of time, which were set for delivery, will be divided; when this is not done, then the buyer without any warning or notice is required on our part, in default, which gives us the power, described below under 8.
8. Customer obligations
In case of accidental breach by the buyer of its obligations, including also the case that he refuses purchase or payment is not made at the agreed time, we will still be entitled, without any warning or notice is required, the transaction without judicial intervention, to declare dissolved, without prejudice to our claims for damages, while furthermore we shall be entitled to all the other relevant current customer transactions, to the extent not yet done, cancel equal terms; any cancellation always has the due date of all our outstanding’s.
The payment of the invoice amount must be paid as agreed upon. That could be by Letter of credit bank to bank guaranteed, against FCR, payment in advance or other agreements made in writing and signed by both parties. Payment has been made as soon as our trading company has the payment at her disposal.
Payments in other ways, especially handing over to our employees, are valid only after written confirmation from us.
Unless expressly authorized by us with the customer otherwise agreed in writing, will stretch a payment from the customer and are recorded by us deducted, respectively. to settle the oldest due invoice (u) r (s), except that we still possess the power to make payments deducted respectively. as satisfaction considering outstanding invoice (‘s) at our discretion.
Once the payment is not made on time, the buyer will be charged interest on the invoice amounts outstanding according the percentages applicable by the law.
10. Retention of title and Lien
We reserve the ownership of the goods until the client owed has met with regard to claims from this or a similar agreement for delivered or to be delivered and / or performed or to be performed, and in respect of claims for failure performance by the buyer of these or similar agreement, including interest and costs. Despite our retention of title to the goods delivered by us are held by the customer for their own account and risk.
The buyer is obliged the delivered under retention, possibly the components and newly formed goods at the first request making available to us. Customer has provided us now irrevocable authorization to enter the premises of the buyer, in order to take back the goods delivered, without prejudice to our right to full compensation.
As long as the customer did not settle everything that he owes us in full , it is forbidden to him to put on the goods supplied by us a lien or otherwise encumber them in favour of a third party.
If the customer deliver the goods delivered by us to him to a third party he obliged to demand retention to retain ownership of the business.
We take ownership of the business over under the condition of a pledge for us in respect of other claims by us to the buyer in the first paragraph of this article.
The buyer is obliged to pay on demand to cooperate with the appropriate actions necessary.
11. Material Errors; factory warranties
By ourselves never be wider obligations accepted resp. guarantees granted then the obligation to (by choice at our discretion) replace or credit or repair of the product delivered, which cling to the material defects; in particular, we can never for compensation for any damages, of any kind, be addressed. We cannot be claimed for compensation for any damages of any nature whatsoever, be held liable if goods are delivered under any factory or importer warranty; the settlement of a claim under the guarantee in this case is entirely at the discretion of the manufacturer or importer.
Our customer shall indemnify us for all damages, costs and interest that might arise for us as a result of claims by third parties relating to the goods delivered by us.
12. Complaints and return of goods
Subject to the provisions below is that our customer is obliged immediately after delivery by us to examine the goods for compliance with the specified order, regardless of where the goods are delivered in accordance with the order.
In case of complaints of goods delivered by us only will be collected by us for return, respectively, returns will only be made after prior consultations has taken place with one of our sales staff; The foregoing shall also apply when we agree declared goods will be returned for repair are returned without there has been a complaint.
In the case of complaints because of wrongly delivered or packaged goods that are delivered damaged, the complaint by the purchaser will be in writing, accompanied by the relevant packing list must be submitted to us no later than the seventh day after the day of delivery and upon signing the documents of receipt of the goods a specific damage of packing notice have to be noted towards the forwarder; a claim is only valid if the package is still in its original state. If goods are assembled by the customer or processed any complaint will not be accepted, even if it is filed within the prescribed period; in such cases, we are also obliged to void compensation of any kind.
Verbal complaints and complaints that are filed after the expiration of that period will not be accepted. Unpackaged goods, if damaged on delivery should be refused by the customer.
If goods which are supplied under factory warranty or importer, be returned at the discretion of the warranty by the manufacturer or importer, can costs, which thereby possibly arise for us, be charged to the Buyer.
In case goods are returned for repair without there has been a complaint, these goods are considered with all the associated consequences delivered to the customer, while the (potential) cost of repair and transportation will be charged to the customer.
In cases and to our sole discretion, may goods be returned and credited in case of other reasons than the above-mentioned reasons, provided that the date of delivery is not more than thirty days, the goods are still in original condition and packaging and belong to our stock range; we will not accept returns for goods specially (custom) made for our customers.
The provisions made in 12 do not affect the other provisions of these terms and conditions. With every distance agreement the consumer shall have a period of at least seven working days in which she can withdraw from the agreement without penalty and without giving any reason. To the consumer because of the exercise of his right of withdrawal will be charged, if any, the direct cost of returning the goods.
13. Approvals and Restrictive (installation) regulations for use or sale in another country
Products that must be provided under the Dutch legislation of a mark, will be provided by us in the performance for which the mark was issued. We also carry products that do not come with a Dutch label. The products offered by us are basically intended for sale on the European market. Sale or installation of these products in other countries may be subject to limitations resp. could not be allowed and at the risk of the buyer.
14. The competent court
Disputes which may arise unexpectedly between customers and us, to our choice will be settled by the competent court in Amsterdam, the Netherlands. The Dutch law will be applicable.