CLASSIC AUTOMOBILE SERVICE
General Terms and Conditions for Parts, Service and Payment
Art 1 General
These terms and conditions are applicable to all our pricing, quotations, and orders we process and the agreements and contracts we establish. Changes or alternative statements are only possible with our explicit and written agreement. Any order or request we get implicitly means you accept these terms and conditions. We do not accept terms and conditions of third parties unless we specifically agreed in writing. Dutch jurisdiction and Dutch business Rules apply to all transactions.
Art 2 Pricing and quotations
All our offerings and quotations are non-engaging. We reserve the right for us to change our tariffs as long as no contract has been established. If during the processing of an order one of our suppliers increases his price before the delivery has taken place, we can increase our prices too. All our pricing, offerings, advertisements, are only indicative as far as price, size or color is concerned. We are not liable for any promise or publication made by one of our coworkers without the written agreement of our director. Invoicing takes place automatically and based on day pricing.
Art 3 Deviations and variations
We reserve the right to deliver product with tiny deviations from the initial order. If items have been specially manufactured we are allowed a deviation of 10% from the order. The client has no right of return if he already used the items or did not send a written request for return within 8 days after reception of the items ordered.
Art 4 Shipping and delivery
An agreed delivery date will be respected as much as possible. A variation of this date will never entitle the customer to claim any damage compensation or to cancel the order.
Art 5 Property
All goods remain our full property as long as the full price of the item has not ben payed. Even if the delivery of goods from an order happens in several subsequent deliveries or is billed on separate invoices the full property of the goods remains with us until all invoices are fully payed, unless we agreed specifically to transfer the property earlier. If payment takes place with a note receivable the property remains with us until the amount is effectively received. The customer is not allowed to resell the goods outside the local market. Goods remain our property even if the have been connected with or built into other goods.
If the customer resells the goods to third parties he will have to transfer to us the due debt from these parties.
In case of a payment via Pay Pal, bank transfer or any other payment than cash, the transaction will only be completed by the day the amount due is transferred to our bank account. Until this moment the customer can never resell the goods or use the them to build other goods. If goods are resold to third parties, we claim the right of immediate payment by the third party up to the total amount due by our customer.
Art 6 Payment
Unless agreed differently before, the payment of the amount due has to take place in cash or within 8 days after invoicing. We are allowed to require securities for all amounts due or a partial or total prepayment.
All means of payment are accepted against the normal related costs. All orders totaling more then 200,00€ incl. VAT inside the Benelux and Germany have to be prepayed.
Order from other countries have always to be p[repayed by a bank transfer to ous account.
In case ofpayment delay by the customer he will be immediately liable of the legal interests without notification ahead.
Art 7 Collection
If we have to ask third parties to collect amounts due all cost related to this collection will be charge to the customer with a minimum of 20% of the amount due.
Art 8 Liability
In the following cases we cannot be seen as liable:
- Damages due to delays and lack of profit
- Damage due to conscious recklessness
- Damage to goods given in deposit by the customer
The contractor is solely liable for damages directly en exclusively occasioned by him. The liability remains within the limit of the value of the good or services delivered. Compensation will only apply for damages covered by our insurance or which we should have covered by an insurance.
Customer safeguards contractor from all liability of third parties about product defects of products delivered to third parties by the customer
Art 8 Warranties and claims
Our liability for warranties can never exceed the warranty of the manufacturer of the products or parts thereof, if the defect appears within 6 months after delivery and if it is evidently due to a manufacturing defect or a material defect. We are only liable for an amount never higher than the value of the product and excluding any other damage. The cost of shipment, mounting or dismounting are charged to the customer.
Our liability end if the customer did not comply with our the manufacturer’s directions for use or for assembly. We are not liable for any damage caused by errors our warranty does not cover. In any case we will not afford any liability for claims which have been signaled to us later then 8 days after the occurrence and we are not liable at all if the customer or any third party has tried to solve the issue.
Art 9 Risk
Customer is due to inform us in time where the goods have to be delivered.
By the moment the goods leave our warehouse they are under responsibility and risk of the customer. The goods travel at the cost and risk of the customer. We are allowed to charge the customer for shipping and insurance.
Art 10 Return and exchange
We only accept returns after a written or verbal permission. All returns are at the costs of the customer.
In case of return or replacement the original invoice has to be available. Products that should be replaced have to be returned directly at the moment op purchase of the replacement item and in any case within 14 days. In case of an excess of this period a deposit amount will be invoiced. This amount will be credited as soon as the product to be replaced has been returned.
Art 11 Default of acceptance of goods by the customer
If within 2 weeks after the agreed delivery date the customer has not accepted the ordered goods he will be in default of acceptance. In this case we can immediately cancel the order and the customer will be liable of damage payments. For at least 25% of the gross value of the goods we can store these for risk and costs of the customer, notwithstanding that the customer is still liable for the total price of the goods and the costs we incur.
Art 12 Reservations
Goods can be reserved for maximum period of 1 month.
Art 13 Shipment costs
Our shipment prices are excll. VAT. Price and model changes can happen. Invoicing takes place automatically and based on day pricing.
Art 14 Jurisdiction
- Dutch law governs all our transactions
- The Vienna conventions does not apply to our transactions. Evenly do other international conventions not apply.
- Only a civil court from the residence of the contractor will be allowed to process disputes, except is this is against compulsory law. The contractor is allowed to differ from these rules and apply the the local compulsory rules.
- All parties can choose another way of conflict resolution like mediation or arbitration.