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Terms of delivery

The parts and accessories mentioned on our site with their corresponding numbers have been carefully compiled based on the information available to us. However, we cannot take any responsibility for any errors in this information or numbers incorrectly ordered by the customer.


Transport
The objective is that orders are delivered to you within 2 days of the order. Possibility of earlier delivery is present, please contact us for the conditions. For deliveries within the Netherlands below € 500 excl. VAT shipping costs will be charged. Delivery is free of charge above € 500. Different rates apply for deliveries outside the Netherlands.

 

Terms of delivery

Article 1: Applicability
1.1 These terms and conditions apply to all offers and all agreements that we conclude and to all agreements that may result from this. We R Parts B.V. is referred to as the contractor or seller. The other party is referred to as the client or buyer.
1.2 The client's general terms and conditions do not apply and are explicitly rejected.

Article 2: Offers
2.1 All offers are without obligation.
2.2 If the client provides the contractor with data, drawings, etc., the contractor may assume that these are correct and shall base his offer on this.
2.3 The prices are for companies excluding tax and packaging. For private individuals including sales taxes and excluding packaging.
2.4 If his offer is not accepted, the contractor has the right to charge the client all costs that he had to incur to make his offer.

Article 3: Delivery time
3.1 The delivery time will be approximated by the contractor.
3.2 When determining the delivery time, the contractor assumes that he can carry out the assignment under the circumstances that are known to him at that time.
3.3 The delivery time starts when agreement has been reached on all technical details, all necessary data, final orders etc. are in the possession of the contractor, the agreed (installment) payment has been received and the necessary conditions for the execution of the assignment have been met .
3.4 If there are circumstances other than those known to the contractor when he set the delivery time, the contractor may extend the delivery time by the time required to execute the order under these circumstances. If the work cannot be fitted into the contractor's schedule, they will be completed as soon as his schedule permits.
3.5 Exceeding the agreed delivery time does not, under any circumstances, entitle you to compensation, unless this has been agreed in writing.

Article 4: Transfer of risk
4.1 With purchase, delivery takes place ex works, the risk of the item passes when the seller makes it available to the buyer.
4.2 Irrespective of the provisions in the previous paragraph, the client and the contractor may agree that the contractor shall provide for the transport. The risk of storage, loading, transport and unloading also rests on the client in that case. Client can take out insurance against these risks.
4.3 Even if the seller installs and / or assembles the sold item, the risk of the item transfers when the seller makes the items available to the buyer in the business premises of the seller or at another agreed location.
4.4 If the purchase involves trade-in and the buyer continues to use the goods to be exchanged pending delivery of the new item, the risk of the item to be exchanged remains with the buyer until the moment he has placed it in the possession of the seller. .

Article 5: Price change
5.1 If after the date on which the agreement is concluded four months have elapsed and the fulfillment thereof by the contractor has not yet been completed, an increase in the price-determining factors may be passed on to the client.
5.2 Payment of the price increase as referred to in paragraph 1 takes place at the same time as payment of the principal sum or the final installment.

Article 6: Improperity of the assignment
6.1 The contractor has the right to suspend the fulfillment of his obligations if, due to circumstances that were not expected at the conclusion of the agreement and that are beyond his control, he is temporarily prevented from fulfilling his obligations.
6.2 Circumstances that could not be expected by the contractor and that are outside its sphere of influence include the circumstance that suppliers and / or subcontractors of the contractor do not or not timely fulfill their obligations, weather, earthquakes, fire, loss or theft of tools, the loss of materials to be processed, road blocks, strikes or work interruptions and import or trade restrictions.
6.3 The contractor is not authorized to suspend performance if compliance is permanently impossible or if a temporary impossibility has lasted more than six months. The agreement can then be dissolved for that part of the obligations that has not yet been fulfilled. In that case, the parties are not entitled to compensation for the damage suffered or to be suffered as a result of the dissolution.

Article 7: Warranty
7.1 The contractor guarantees the proper execution of the agreed performance for a period of three months after delivery.
7.2 The parts that are repaired or replaced by the contractor must be sent carriage paid to the contractor. Disassembly and assembly of these parts and any travel and accommodation costs incurred are for the account of the client.
7.3 If the agreed performance consists of processing materials supplied by the client, the contractor guarantees the soundness of the performed work for the period referred to in paragraph 1. If it appears that an operation has not been carried out properly, the contractor will make the choice whether he: - carries out the operation again. In that case, the client must provide new material at its own expense - the defect will be corrected. In that case the client must return the material to the contractor carriage paid; - credit the client for a proportional part of the invoice.
7.4 If the agreed performance consists of the delivery of a good, the contractor guarantees the soundness of the good delivered during the period referred to in paragraph 1. If it appears that the delivery has not been sound, the item must be returned carriage paid to the contractor. The contractor will then make the choice whether he: - repairs the case; - replaces the case; - credit the client for a proportional part of the invoice.
7.5 If the agreed performance (partly) consists of the installation and / or assembly of a delivered item, the contractor guarantees the soundness of the installation and / or assembly for the period referred to in paragraph 1. If it appears that the installation and / or assembly has not been carried out properly, the contractor will rectify this. Any travel and accommodation costs incurred are for the account of the client.
7.6 The manufacturer's warranty applies to those parts for which the client and contractor have explicitly agreed in writing. If the client has had the opportunity to become acquainted with the contents of the factory warranty, it will take the place of a warranty under this article.
7.7 The client must in all cases offer the contractor the opportunity to repair a defect or to perform the operation anew.
7.8 The client can only appeal to the guarantee after he has fulfilled all his obligations towards the contractor.
7.9 a. No guarantee is given for defects that are the result of: - normal wear and tear; - improper use; - maintenance not performed or performed incorrectly; - installation, assembly, modification or repair by the client or by third parties.
b. No guarantee is given for delivered goods that were not new at the time of delivery.

Article 8: Complaints
The client can no longer rely on a defect in the performance if he has not complained in writing to the contractor within 14 days after he has discovered the defect or should reasonably have discovered it.

Article 9: Goods not purchased
If goods have not been purchased after the delivery time has expired, they will remain available to the client. Items that have not been purchased are stored for the account and risk of the client. The contractor may always make use of the authority in Article 6:90 of the Dutch Civil Code.

Article 10: Payment
10.1 Payment is made at the contractor's place of business or into an account designated by the contractor.
10.2 Unless otherwise agreed, payment takes place as follows:
a. at counter sales in cash;
b. if payment in installments has been agreed: within 14 days after the invoice date;
c. COD shipments;
c. direct debit by using a previously agreed collection contract;
c. in all other cases, pay the invoice in advance on account number.
ayment conditions, the client is obliged to provide a guarantee that payment is sufficient in the opinion of the contractor. If the client does not comply with this within the specified period, he will immediately be in default. In that case, the contractor has the right to terminate the agreement and to recover its damage from the client.
10.4 The right of the client to settle his claims against the contractor is excluded, unless the contractor has been declared bankrupt.
10.5 The full claim for payment is immediately due and payable if: a. A payment term has been exceeded; b. client has gone bankrupt or requests suspension of payment; c. seizure of goods or claims of the client is made; d. the client (company) is dissolved or liquidated; e. the client (natural person) is placed under guardianship or dies.
10.6 If payment has not been made within the agreed payment term, the client will immediately owe interest to the contractor. The interest is 10% per year, but is equal to the statutory interest if it is higher. For the interest calculation, a part of the month is seen as a full month.
10.7 If payment has not been made within the agreed payment term, the client owes the contractor all extrajudicial costs with a minimum of Euro 50. The costs are calculated on the basis of the following table: over the first Euro 3,000 15% over the excess up to Euro 6,000 10 % on the excess up to Euro 15,000 8% on the excess up to Euro 60,000 5% on the excess from Euro 60,000 3% If the extrajudicial costs actually incurred are higher than follows from the above calculation, the actual costs incurred will be due.
10.8 If the contractor is found to be in the right in legal proceedings, all costs that he has incurred in connection with these proceedings will be borne by the client.

Article 11: Retention of title and pledge
11.1 After delivery, the contractor remains the owner of the goods delivered as long as the client:
a. fails or will fail to fulfill its obligations under this agreement or other similar agreements;
b. has not paid claims that result from non-compliance with the aforementioned agreements, such as damage, penalties, interest and costs.
11.2 As long as there is a retention of title on the delivered goods, the client may not encumber them outside his normal business operations.
11.3 After the contractor has invoked his retention of title, he may reclaim the delivered goods. Client allows the contractor to enter the place where these goods are located.
11.4 If the contractor cannot invoke his retention of title because the goods delivered have been mixed, distorted or traced, the client is obliged to pledge the newly formed goods to the contractor.

Article 12: Termination
If the client wishes to terminate the agreement without there being any shortcoming on the part of the contractor and the contractor agrees, the agreement will be dissolved by mutual consent. In that case, the contractor is entitled to compensation for all financial loss such as loss suffered, loss of profit and costs incurred.

Article 13: Applicable law and choice of forum
13.1 Dutch law applies.
13.2 The Vienna Sales Convention (C.I.S.G.) does not apply, nor does any other international regulation from which exclusion is permitted.
13.3 Only the civil court that has jurisdiction at the place of business of the contractor takes cognizance of disputes, unless this is contrary to mandatory law. The contractor may deviate from this jurisdiction rule and apply the statutory jurisdiction rules.
13.4 The parties can agree on another form of dispute settlement, such as arbitration or mediation.

Contact us

Please feel free to contact us from monday ~ friday 8.30 -17.00

+31 578-570808 info@wer-parts.nl More contact details