TERMS AND CONDITIONS OF DELIVERY AND PAYMENT

MSAsafetyshop.com is part of Hobrand BV.

Hobrand BV
Lingewei 1
4004 LK Tiel
The Netherlands
Registration number C.o.C. in Tiel: 11029400
VAT number: NL803805172B01

Art. 1.

These terms and conditions of delivery and payment apply to all deliveries, services and agreements concluded, unless agreed otherwise in writing with us.

Art. 2.

By placing orders with us, our clients are deemed to have accepted these terms and conditions of delivery and payment.

Art. 3.

Delivery times concern only an approximation and are not binding on us, unless expressly agreed otherwise.

Art. 4.

Agreed prices are binding. If we are forced to apply a price increase due to circumstances beyond our control, such as increases in duties, excise duties, official increases in importer and manufacturer prices, changes in exchange rates, etc., we are entitled to pass these on to our clients.

Art. 5.

For delivery of new and used products or parts, as well as for the performance of services, payment shall be made in cash on delivery of the products or parts, or the performance of services, insofar as the invoice amount excluding VAT is less than € 500,-, unless expressly agreed otherwise. All our other claims must be paid within 14 days, unless expressly agreed otherwise in writing with the client. For invoice amounts, excluding VAT of less than € 100 and non-cash payment, € 10 administration costs will be charged. In the event of non-payment or late payment in accordance with these conditions, we are entitled to charge default interest of 1% per month, to be calculated from the invoice date, part of a month being counted as a full month.. Furthermore, in the event of non-payment or late payment, we are entitled to charge the collection costs incurred by us, both judicial and extrajudicial, to our client. The extrajudicial costs are deemed to be set at a minimum of 15% of the principal sum, plus the VAT and with a minimum of €100. These extrajudicial costs generally include the costs that third parties charge us for collection, including the costs of any bankruptcy filing. The latter costs are also due if our regulation is paid before or during the handling of the bankruptcy petition. If a client brings a claim against us, all judicial and extrajudicial costs for which we will consequently lapse, including those exceeding the liquidation by the court, including the statement of our lawyer, will be borne by our client if the dispute is terminated by a settlement or by a total or partial rejection of the claim against us.

Art. 6.

Without prejudice to our right of retention under the law and these terms and conditions, we are entitled to demand a provisional payment from our client before, during and after the performance of a repair, delivery and other agreement. Our possible guarantee obligation or any complaint on the part of our client does not suspend the payment obligation with regard to the work or services performed or goods delivered.

Art. 7.

If we have acquired any property owned by or otherwise owned by our clients in order to perform work on it, we are entitled to suspend the handover of that property and the materials released during the work, if it has been agreed that they do not become our property (see Art. 14.), as long as our clients have not paid the costs of the work in full, including the costs of any work previously performed by us on the same property, as well as any claims from us regarding failure to properly fulfil the obligation to pay (previous) costs.

Art. 8.

Until the relevant obligations towards us have been fulfilled in full, we retain ownership of all goods delivered and to be delivered by us, as security for the fulfilment by our clients of all amounts due or to become due to us from or in connection with any delivery(ies), including claims relating to the performance of work by us in connection with the delivery(ies) and all claims by us on our clients for failure to fulfil their obligations under the relevant agreement(s). Our clients are not entitled to any disposal of goods that remain our property, and in particular not to any pledging.

Art. 9.

If our client defaults on any payment to us, all claims we have against this client shall become immediately due and payable.

Art. 10.

We give the same warranty on new products and new parts supplied by us as the manufacturer gives us on these products and parts. We are not obliged to provide a warranty for goods on which repairs or other work, or attempts to this end, have been carried out by our client or by third parties without our permission.

Art. 11.

We do not give a warranty on used items and products supplied by us; neither are we liable for any hidden defects attached thereto, unless this provision has been expressly deviated from in writing.

Art. 12.

Complaints will only be dealt with if and insofar as they are submitted to us by registered letter within fourteen days after receipt by our client of the goods delivered or repaired by us, or if the client invokes our warranty obligation under these terms and conditions, immediately after the discovery of the defect within any applicable period, all on the condition that we have been given the opportunity to inspect this.

Art. 13.

If, after the performance of the work assigned to us, and notification thereof to our client, the item or items on which work has been performed by us has or have not been collected within two weeks after notification, we are entitled to charge storage costs from the moment of notification, in accordance with the rates applicable in our company.

Art. 14.

Replaced or rejected materials or items, as well as pressure vessels rejected by the Steam Equipment Supervision Service, will only be made available to our client if this has been expressly requested in the repair or maintenance or inspection order, otherwise these materials shall be forfeited to us without our client being able to claim the residual value or any compensation.

Art. 15.

All circumstances beyond our will or control (such as: a state of war – also outside the Netherlands –, mobilisation, technical malfunction, currency devaluation or drastic change in the exchange rate between the currency of the Netherlands and that in which payment must be made, fire, acts of war, strike, intervention by a higher authority, blockade, import and export bans and full or partial seizure or requisition of stocks) as a result of which we are unable to fulfil one or more obligations, in full or in time, entitle us, at our discretion, to exceed the delivery period or to cancel the agreement, without us being obliged to pay any compensation as a result, all without prejudice to the other rights to which we are entitled by virtue of the law or these terms and conditions.

Art. 16.

Delivery of goods takes place 'ex warehouse Tiel' unless otherwise agreed in writing.

Art. 17.

All our prices and offers, even if not indicated, are exclusive of VAT.

Art. 18.

In addition to the warranty provisions according to Art. 10 and 11 and the right of complaint according to Art. 12, we are in no way liable for the goods delivered by us, e.g. materials or services, nor for the repair or replacement of defects discovered afterwards, nor for maintenance, nor for the proper functioning of the goods or services when they are used.

Art. 19.

All our transactions and any disputes arising therefrom shall always be governed by Dutch law.

Art. 20.

All disputes to which an offer, an agreement or these general terms and conditions may give rise, shall be brought before the competent court in the jurisdiction to which our place of residence belongs, without prejudice to mandatory statutory rules of jurisdiction. A dispute is equated with the case that our counterparties fail to pay an undisputed claim.

Art. 21.

The text of these “terms and conditions of delivery and payment” have been filed with the Chamber of Commerce and Fabrieken voor Zuid-West Gelderland in Arnhem under No. 1100.

 

Tiel, 1 January 2020