Scope of application :
1.1. Unless otherwise agreed in writing, these general terms and conditions apply to all offers from and agreements with Hijskampioen .
1.2. Additions, changes, further agreements or arrangements, deviating clauses in the agreement or these general terms and conditions whereby Hijskampioen . enters into obligations or agrees to a lower sales price, do not apply as agreed between the parties, as long as they have not been confirmed in writing by Hijskampioen . Hijskamp reserves the right at all times not to make use of the provisions in these general terms and conditions.
1.3. The conditions below remain applicable exclusively, even if the stationery, invoices and/or other documents from the other party refer to or state that his/her or other general terms and conditions apply. Unless this is agreed in writing, the applicability of general terms and conditions or the other party's stipulations is expressly excluded. If a conflict arises between the terms and conditions below and the provisions in the agreement, the provisions in the agreement will prevail.
Offers and agreement:
2.1. All offers, stock lists and price lists are always without obligation. All offers are valid for the period stated in the offer. An agreement or order/assignment is only considered accepted if this has been confirmed in writing by Hijskampioen or if after the conclusion of the agreement or after receipt of the order/assignment, execution has taken place by Hijskampioen . When selling from (warehouse) stock, the invoice can replace written confirmation. The representative's or reseller's power of attorney does not extend beyond what is generally customary. The representative or reseller may not deviate from these conditions other than by express written authorization to be granted separately for each agreement.
Prices:
3.1.For delivery within the Netherlands, the prices are exclusive of VAT, free of charge to the above-mentioned delivery address in accordance with 3.7, insofar as they are accessible via paved roads by normal means of transport, unless otherwise agreed.
3.2. When delivering goods for an amount of less than €500 excluding VAT, the freight costs will be charged 1:1, other than stated in 3.1. Hijskampioen has the right to make changes in cost price factors, such as purchase prices, wage and material costs, social and government charges, freight costs, insurance premiums and other costs such as changes in the rates compared to the EURO of various currencies in which the price of the goods sold by Hijskampioen is expressed, which occur between the time of quotation or order and delivery thereof to the other party, without this giving the other party the right to cancel or dissolve the agreement.
3.3. In all other cases, prices apply ex works/warehouse unless otherwise agreed in writing.
3.4. In all cases, the prices are in euros, excluding the freight, import and export duties, station, security, clearance, insurance costs, levies and/or taxes or other levies owed in connection with the agreement.
3.5. All deliveries are made at the agreed prices, with the understanding that, if after the conclusion of the agreement, materials, packaging, raw materials, semi-finished products, wages, premiums of any kind, freight, taxes, exchange rates and/or other factors that affect the price of the goods undergo a change, Hijskampioen is entitled to adjust its prices accordingly. Such a price adjustment does not give the other party the right to dissolve the agreement.
3.6. Lifting Champion divides its deliveries into 2 different types: collection and sending. When collecting, Hijskampioen charges an administration fee of €25 for amounts under €150. With free shipping, Hijskampioen uses a minimum order value of €500. Below this amount are the associated freight costs on top of the invoice amount at that time.
Delivery and risk:
4.1. The stated delivery times are for information purposes only and are approximate. If Hijskampioen is dependent on further information to be provided by the other party, the delivery time starts after Hijskampioen has received that information in full. Exceeding the specified delivery time does not give the other party the right to terminate the agreement, refuse payment or otherwise fail to meet his/her obligations. Nor does exceeding the delivery time oblige Hoisting Champion to pay compensation for any damage whatsoever and on any grounds whatsoever.
4.2. If the goods have not been sold free of charge, the risk for the goods during transport is borne by the other party from the moment the goods have left the company/warehouse of Hijskampioen . The risk for the goods is therefore borne by the other party during transport. Hoisting Champion is free to choose the load, means of transport and forwarder/carrier, unless otherwise agreed.
4.3. For goods sold free of charge, the risk for the goods is borne by the other party from the moment of delivery. Delivery is understood to mean: placing the goods in the control of the other party. The goods are also at the expense and risk of the other party from the moment the other party fails to perform the actions with which he/she must cooperate in the delivery. The other party is in default if he/she does not take delivery of the goods at the place of delivery immediately after the agreed delivery time has expired. The other party must make sufficient material and personnel available for a smooth and undisturbed unloading of the goods. Additional costs incurred due to negligence of the other party, including but not limited to storage of goods that have not been purchased, are at the expense and risk of the other party. The date of delivery is the date of the consignment note on which the shipment takes place, either by Lifting Champion or by third parties as referred to above - or, failing that, the time at which the shipment commences - except for collected goods, for which the date on the delivery note applies as such.
4.4. Hijskamp is entitled to charge the other party a fee for sustainable packaging of materials, which will be stated on the invoice. Loading or filling of the transport material and/or packaging made available by the other party takes place at the expense and risk of the other party, even if this is done by Hijskampioen and/or by Hijskampioen . advice has been provided to the other party with regard to material and/or packaging or by Hijskampioen . work has been carried out. Lifting Champion is authorized to refuse to load or fill equipment and packaging that, in its opinion, does not meet the requirements that must be imposed in connection with safety and reasonableness. In the event of such a refusal , Hijskampioen is not liable for the consequences resulting from the delay. The third parties referred to in the previous paragraphs have the same rights and obligations mentioned here.
4.5. The other party is obliged to check the delivered goods immediately after delivery for quantity, quality, specification and other deviations from what was agreed. 4.6 Lifting Champion is entitled to deliver an order in its entirety or successively in parts. In the latter case, Hijskampioen is entitled to invoice each partial delivery separately to the other party and to demand payment for this. If and as long as a partial shipment is not paid for by the other party, Hijskampioen is not obliged to deliver the next partial shipment, but Hijskampioen is entitled, at its discretion, to terminate the agreement insofar as it has not yet been executed without judicial intervention and without any notice of default from the other party. to suspend or terminate, without prejudice to its other rights, including its right to compensation.
Retention of title :
5.1. All goods delivered and yet to be delivered remain the exclusive property of Hijskampioen until all claims that Hijskampioen has or will have against the other party, including in any case the claims referred to in Article 3:92 paragraph 2 of the Dutch Civil Code, as well as claims for compensation due to failure to comply as interest and costs have been paid in full.
5.2. When the other party creates a new good from the goods delivered by Hijskampioen , which are subject to retention of title, he/she acts on the instructions of Hijskampioen during this formation and he/she will hold the item for Hijskampioen . He/she only becomes the owner when the retention of title lapses because all claims of Hijskampioen have been paid.
5.3. As long as the ownership of the goods is not transferred to the other party, the other party may not pledge the goods or grant any rights to them to third parties, except in the normal course of his/her business. The other party undertakes, at the first request of Hijskampioen, to cooperate in the establishment of a right of pledge on the claims that the other party obtains or will obtain from his/her customers by virtue of the resale of goods. Insofar as Hijskampioen has other claims on the other party than those referred to in Article 5.1 and Hijskampioen has delivered goods to the other party that are not subject to retention of title, the other party establishes a non-possessory pledge in favor of Hijskampioen as security for the fulfillment of his/her obligations. these goods as well as Hoistkamp accepts this non-possessory pledge. In all the aforementioned cases, the other party will sign a deed establishing the right of pledge at the first request of Lifting Champion . He/she will guarantee that he/she is authorized to pledge the goods and that the goods, apart from the rights of Lifting Champion , are not subject to any pledge or limited rights.
5.4. The other party is obliged to store the goods delivered under retention of title with due care and as recognizable property of Hijskampioen . The other party will treat the goods referred to in this article with due care. He/she will insure the goods against all calamities on the basis of the invoice value. The other party will provide Hijskampioen with the name and address of the insurers and copies of the policies at its first request. Furthermore, at the first request of Hijskampioen , the other party will, insofar as this has not already arisen by operation of law, establish an undisclosed pledge in favor of Hijskampioen on his/her claims regarding this against the insurer.
5.5. Hijskamp is entitled to repossess goods that have been delivered under retention of title and are still present at the other party if the other party is in default of fulfilling his/her payment obligations or is experiencing or threatens to have payment difficulties. The other party will at all times grant Hijskampioen free access to his/her sites and/or buildings for the purpose of inspecting the goods and/or to enforce the rights of Hijskampioen .
5.6.The aforementioned provisions do not affect the other rights accruing to Hijskamp .
Advertisements :
6.1 . Complaints, regardless of their nature and extent, do not suspend the payment obligation of the other party. Complaints will only be accepted by Lifting Champion if they are submitted to Lifting Champion in writing, by e-mail or letter, within 30 days after delivery of the goods. After this period has expired, the delivered goods are irrevocably and unconditionally accepted by the other party. Any legal claims must be filed within one year after timely notification of the complaint, under penalty of forfeiture. Proof of timely complaint rests with the other party. The correctness of the advertising can only be proven on the basis of the goods. Only goods that have been returned at the request of Hijskampioen and the complaint for which has been approved by Hijskampioen will be accepted. The return shipment is at the expense and risk of the other party. In the event of a complaint proven by the other party and found to be well-founded by Hijskampioen , Hijskampioen can, at its option, replace the parts or articles to which the complaint relates or credit the other party, to the exclusion of any other right of the other party to compensation. Each partial delivery is considered a separate delivery.
6.2 . The consumer has the right to cancel the order and register the return within at least 14 days after receipt of the order. The consumer then has at least 14 days to return the product.
6.3 . After registering the return, Hijskampioen has a maximum of 14 days to refund the order amount including shipping costs.
6.4 . If the consumer exercises his right of withdrawal, the product must be returned to Hijskamp with all accessories supplied and - if reasonably possible - in the original condition and packaging. If the product or packaging is damaged more than is necessary to try the product, Hijskampioen can pass on the depreciation of the product to the consumer. So handle the product with care and ensure that it is properly packaged when returned.
7.1. Hijskamp is never (including, for example, in the event of force majeure, failure to fulfill any obligation, tort, incorrect advice) liable for any compensation and/or fine whatsoever and on whatever grounds. Insofar as it is established in court that the aforementioned complete exclusion of liability cannot be maintained, the amount to be paid by Hijskampioen in respect of damages and fines will never be higher than the amount for which the liability insurance taken out by Lifting Champion actually entitles you to a payment. In addition, the amount to be paid by Hijskampioen in respect of damages and fines will never be higher than the amount stated in the invoice for the good(s) in question. In all cases, however, it remains the case that Hijskampioen is never liable for indirect damage and/or consequential damage, including, but not limited to, stagnation in the regular course of events in the other party's company.
Brand and quality
8.1. If goods are delivered and invoiced to the other party by Hijskampioen under a special quality indication and/or brand, including the Hijskampioen trademark, by indication on the invoice and/or on goods, the other party is obliged to pay a penalty that is not subject to mitigation. , immediately payable fine of at least €5,000 per violation or event, not to offer these goods to third parties other than under the designation established by Hijskamp , as well as in the case of resellers and/or legal succession, by whatever name, this obligation rests on him including the above-mentioned sanction on third parties, just as he will also oblige third parties in the above-mentioned manner to impose this obligation on his resellers and/or legal successors, by whatever name. The same fine per violation or the other party will only be able to prove the correctness of his/her complaint on the basis of the goods, while furthermore the burden of proof rests on the other party that these goods are the same as those delivered by Hijskampioen and that the goods are in the same condition. as when leaving the warehouse of Lifting Champion . Deviations in quality, dimensions, colours, finish and the like that cannot be prevented technically or that are generally permitted according to usage, cannot constitute grounds for complaints. Complaints will only be honored by Lifting Champion if it has been able to receive the goods in their original condition. condition and in original packaging. Only goods that have been returned on behalf of Hijskampioen and for which the complaint has been approved by Hijskampioen will be accepted by Hijskampioen . The return is at the expense and risk of the other party. In the event of a complaint proven by the other party and found to be well-founded by Hijskampioen , Hijskampioen may, at its option, replace the parts or articles to which the complaint relates or credit it to the other party, to the exclusion of any other right of the other party to compensation. With regard to complaints, each partial delivery is considered a separate delivery.
Force majeur :
9.1. In the event of force majeure, Hijskampioen is entitled, at its own discretion, to suspend the execution of an agreement in whole or in part for the duration of the force majeure circumstances, or to dissolve the purchase, insofar as it is affected by the force majeure circumstances, without the other party can claim any compensation.
9.2. Circumstances constituting force majeure include: strike, lockout, fire, water damage, natural disasters or other external calamities, mobilization, war, traffic obstructions, blockades, import or export barriers or other government measures, stagnation or delay in the supply of raw materials or machine parts, lack of shipping space, lack of workers, as well as any circumstance that impedes the normal course of the company as a result of which the fulfillment of the agreement by Hijskampioen cannot reasonably be expected of it.
Payment :
10.1. The amounts of money that the other party must pay to Hijskamp on the basis of any legal relationship (for example an agreement) are fully and immediately due and payable upon the establishment of the legal relationship, unless otherwise agreed. If and insofar as the monetary amounts are not due and payable in accordance with the foregoing, the monetary amounts are immediately due and payable in full upon full or partial delivery of the goods. Insofar as the amounts of money that the other party owes to Hijskampioen are not yet due and payable in accordance with the foregoing, payment of the invoices of Hijskampioen must in any case take place within 14 days after the invoice date. Payments will firstly be used to deduct the costs, then to deduct the interest due and finally to deduct the principal sum and the current interest.
10.2. In the event of non-compliance, late compliance and/or incomplete compliance in accordance with the above-mentioned paragraphs, the other party will be in default without notice of default being required. In the event of default, as well as in the event of an application for a suspension of payments, bankruptcy or liquidation of the other party's company, the other party owes Hijskampioen an interest of 1% per month on the amounts owed to Hijskampioen , or if this more, the other party is liable to pay statutory interest. Hijskamp is then also entitled to fully or partially dissolve all current agreements with the other party without any judicial intervention. The other party is obliged to compensate Hijskampioen for all costs and damage incurred by Hijskampioen as a result. In addition, any credit granted will lapse and all amounts owed under other legal relationships (e.g. agreement) will become due and payable in one go.
10.3. In the event of default, as well as in the other circumstances mentioned in this article, the extrajudicial and judicial costs incurred in determining damage and liability and in obtaining satisfaction, as well as in order to prevent limitation of damage as a result of events on which liability is based, will include interest. on the principal amount and the other costs - in addition to the principal amount - become immediately due and payable. Extrajudicial costs amount to 15% of the principal sum with a minimum of € 250, plus disbursements incurred and taxes due.
10.4. The mere fact that Hijskampioen has secured the assistance of a third party shows the extent of and the obligation to pay extrajudicial costs.
10.5. The payments to be made by the other party must be made without deduction, discount or suspension, settlement, compensation, debt settlement or debt cancellation whatsoever and on whatever basis. The other party therefore expressly waives these rights.
10.6. If Hijskamp has accepted an order in whole or in part, the other party is obliged - which obligation forms an integral part of the agreement - to provide proof of his/her creditworthiness, either before delivery or afterwards, for the fulfillment of all obligations. his/her obligations and to the satisfaction of Hijskampioen by, for example, depositing cash, providing a bank guarantee, assignment, granting a right of pledge or mortgage, etc. To the height, scope and manner of the proper security to be provided by the other party /Today no maximums have been set and are determined by Lifting Champion . The obligation to provide security referred to in this paragraph also applies to the obligation to pay damage in the event that Hoisting Champion claims compensation from the other party for damage resulting from full or partial dissolution of the agreement given to the other party. is attributable.
10.7. If the other party fails to provide security, Hijskampioen is not obliged to fulfill or further fulfill its obligations towards the other party under current agreements, without prejudice to the right of Hijskampioen to demand fulfillment of the agreement or payment of the due amount. to claim the monies owed under the agreement, as well as damages and/or the security(s) in court.
Default and dissolution:
11.1. If the other party does not fulfill its obligations or in the event of its bankruptcy, suspension of payments, receivership, seizure of its goods, closure, transfer or liquidation of its company or any significant change in its financial circumstances, Hijskamp is entitled to terminate the agreement without judicial intervention. to terminate, without prejudice to its other rights to compensation.
11.2. In the circumstances referred to in the first paragraph, Hijskamp also has the right to suspend further execution of all agreements in force between the parties, while in these circumstances all outstanding claims of Hijskampioen are suddenly and immediately due and payable, unless the other party can provide the necessary securities.
Applicable law and competent court:
12.1. All disputes will be settled amicably or, if this proves impossible, Hijskamp will also be entitled to submit any disputes to a competent court.
12.2 If one or more provisions of these general terms and conditions are deemed voidable, judicially or extrajudicially, the other provisions in these general terms and conditions will remain in full force.
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