DELIVERY AND PAYMENT CONDITIONS
These general terms and conditions are intended for agreements with regard to purchase and the performance of work, concluded between EET Engines BV and buyers / clients acting in the exercise of a profession or business.
ARTICLE 1 – DEFINITIONS
In these terms and conditions, the following terms have the following meanings:
EET Engines BV: the offeror / supplier who sells / supplies goods and / or performs work or has work performed on behalf of the buyer / client. This is further referred to as “EET”, “we”, “us” or “our”.
Buyer: the person who, acting in the exercise of a profession or business, buys goods from EET.
Client: the person who, acting in the exercise of a profession or business, instructs EET to perform work or have work performed.
‘Goods’ are understood to include: (vital parts / separate components of) exchange engines / completely overhauled engines and / or (vital parts / separate components of) exchange technical components / completely overhauled technical components, belonging to vehicles, vessels or stationary installations. An exchange engine is a completely overhauled and assembled engine, with or without appendages, but at least fitted with cylinder head (s), valve cover (s), timing cover and lower crankcase. A completely overhauled engine is considered to be such a completely overhauled and assembled engine, the overhaul being carried out on an individual assignment. An exchange-technical component is a completely overhauled and assembled technical component (for example an electronic powertrain component, a steering box, a transmission system, etc.). A completely overhauled technical component is here considered to be such a completely overhauled and assembled technical component, whereby the overhaul was carried out on an individual assignment. A partial overhaul / separate component overhaul is activities in which only a part or separate components from the case have been overhauled on an individual order.
ARTICLE 2 – GENERAL
1. These terms and conditions apply to all offers and to every agreement of purchase and / or the performance of work by EET towards the buyer / client (whether or not a legal person or natural person), who acts in the exercise of a profession or business. . The applicability of general terms and conditions of the buyer / client is hereby expressly rejected.
2. Parties to these terms and conditions are always referred to as EET Engines BV (or “EET”, “we”, “us” or “our”) on the one hand and as buyer / client on the other.
3. Deviations from these conditions must be explicitly agreed in writing. Agreed deviations do not affect the validity of the other conditions and never apply to more than one transaction.
4. EET has the right to change these conditions at any time.
ARTICLE 3 – FORMATION OF THE AGREEMENT
1. All offers and quotations made in whatever way and by whomever from EET and / or wherever are always indicative and are made on the basis of the prices and specifications applicable at the time of the conclusion of the agreement. If the indicative agreed price is or threatens to be exceeded by more than 20%, EET will contact the client to discuss the additional costs. In that case, the client is entitled to terminate the agreement with compensation from EET for the work already performed by us. Images, drawings, specifications of capacities and further descriptions are as accurate as possible, but not strictly binding on EET. Small deviations are permissible, while in case of interim model changes EET is entitled,
2. Verbal promises or agreements made or made by or on behalf of EET are only binding if and insofar as they have been confirmed in writing.
3. If no written agreement has been issued by EET, the written confirmation from EET, or the delivery note, or the invoice from EET will serve as proof of the existence and content of the agreement, unless proof to the contrary.
ARTICLE 4 – PRICES
1. Prices are calculated for delivery at the place of business of EET. In the event of delivery elsewhere at the request of the buyer / client, the additional costs associated with this are for its account.
2. All prices are in euros and are exclusive of packaging costs, turnover tax and other government charges related to the sale and delivery. If assembly of the good to be delivered has been agreed by EET, the price is calculated including the agreed assembly actions and the operational delivery of the good at the location stated in the offer, but excluding packaging costs, turnover tax and other government charges related to sale and delivery.
3. In the event of a rise in prices, including those of importers and suppliers of EET, and in the event of a change in wages, taxes, social security contributions, other terms of employment, exchange rates or similar circumstances, occurring after the conclusion of the agreement between the parties, EET is entitled to increase the agreed price in accordance with the aforementioned increase. A price change is never a ground for dissolution of the agreement.
ARTICLE 5 – DELIVERY (OF EXCHANGE GOODS)
1. Goods are delivered at the registered office of EET, unless the parties have expressly agreed in writing on another place of delivery. If transport of goods is agreed, the method of transport will be determined by EET. Goods always travel at the risk of the buyer / client, regardless of whether or not the transport takes place carriage paid and regardless of whether this takes place from or to EET. Insurance can take place at the request and expense of the buyer / client. Provisions included in the conditions of carriers of products cannot detract from the provisions of this paragraph.
2. If the buyer / client refuses to take delivery of the goods offered to him by EET within three days from the time that the buyer / client has been notified that they are ready for delivery, all resulting costs (including freight and storage costs according to the in EET or locally applicable rate) at the expense of the buyer / client. From that moment on, the goods will also be for the account and risk of the buyer / client.
3. The risk of goods accepted by EET for the performance of work or otherwise under its management remains with the buyer / client, except in the case of intent or gross negligence on the part of EET.
4. Delivery of exchange goods
a. The exchange goods sold by EET to the buyer / client are packaged in a standardized manner. The packaging is given on loan to the buyer / client. Packaging remains the property of EET. The buyer / client must return the packaging undamaged to EET. A deposit is charged on packaging materials, unless otherwise agreed. If the buyer has not returned the packaging materials within 6 months after purchase of the exchange, EET is no longer obliged to return the packaging / deposit. This does not affect the obligation of the buyer / client to return the packaging.
b. When purchasing an exchange item, a deposit will be charged to the buyer / client, unless otherwise agreed. If the buyer / client has not returned the old good to be exchanged within 6 months after purchase of the exchange good and / or has not returned it in assembled condition and / or not safely / not completely coolant, oil-free packed, EET is no longer obliged to return a deposit charged to the buyer / client. This does not affect the obligation of the buyer / client to return the old good.
c. The deposit charged is only a symbolic amount. In those cases where the actual value of the old item is higher than the deposit, a subsequent calculation can take place.
d. Exchange items are only sold upon return of the old item. The old item must be of the same brand, construction type and composition and must not be broken, torn, welded or otherwise damaged or incomplete. The vital parts (in an engine that are block, head, crankshaft and camshaft) must be overhauled in a normal manner. If the good delivered does not meet the requirements, the higher costs will be borne by the buyer / client and a subsequent calculation will take place.
e. Exchange stores can be delivered with a different oil sump and / or valve cover. In those cases, the buyer / client must, at its own expense, transfer the relevant parts of the old good, after thorough inspection and cleaning.
f. EET reserves the right to adjust exchange goods to its own specifications, if this has a positive influence on the quality of the exchange goods. An example of this may be that in a number of cases we do not fit engines with balance shafts.
g. For environmental and safety considerations, the buyer / client must pack the old goods to be returned safely and completely free of coolant and oil at his own expense. The buyer / client is liable for all damage suffered by EET and / or third parties resulting from the incorrect delivery of the old goods to be returned. The buyer / client indemnifies EET in matters
h. Sale with purchase If, in the case of the sale of a new item against the purchase of a used item, the buyer continues to use the old item pending delivery of the new item, the latter item will only become the property of EET after the actual delivery thereof to EET has taken place. As long as the buyer continues to use the item, it is entirely at his expense and risk.
5. Delivery by us always takes place “ex workshop EET” (Barneveld, The Netherlands) (EXW) and according to the most recent version of the ICC Incoterms.
ARTICLE 6 – DELIVERY TIME
1. The date of delivery is the date of delivery of goods or of the work performed as stated in the agreement concluded by the parties, or as much earlier or later as the parties have further agreed. Early delivery is allowed at all times.
2. If no delivery date has been agreed, EET will notify the buyer / client in writing in good time in advance when the goods will be ready for the buyer / client at EET’s place of business, or when they will be delivered at the agreed location.
3. Delivery times, whether explicitly stated or not, are only approximate and are never to be regarded as deadlines. Non-timely delivery by EET can therefore never provide a valid reason for the buyer / client to dissolve the agreement with EET, unless there is an expressly agreed delivery term and this term has been exceeded by more than 60%. Even after expiry of this extended term, EET must first be given written notice of default by the buyer / client, whereby EET is given a term of at least one month for compliance, before EET can be in default in this respect. However, the buyer / client may, if he does not wish to exercise his right to terminate under this article or if he does not have the right to terminate, cancel the purchase agreement -only in writing- if the delivery time is exceeded. If the delivery time is exceeded by a period up to and including four weeks, the buyer / client can cancel, provided that he or she reimburses EET an amount of 10% of the purchase price of the canceled item within five working days after the date of the cancellation, or under obligation to pay compensation for work already performed. If the buyer / client has not paid this fee after five working days, EET can notify the buyer / client in writing that it requires compliance with the concluded agreement. In that case, the buyer / client can no longer invoke the cancellation. If the delivery time is exceeded by a period up to and including four weeks, the buyer / client can cancel, provided that he or she reimburses EET an amount of 10% of the purchase price of the canceled item within five working days after the date of the cancellation, or under obligation to pay compensation for work already performed. If the buyer / client has not paid this fee after five working days, EET can notify the buyer / client in writing that he requires compliance with the agreement concluded. In that case, the buyer / client can no longer invoke the cancellation. If the delivery time is exceeded by a period up to and including four weeks, the buyer / client can cancel, provided that within five working days after the date of the cancellation, he either reimburses EET an amount of 10% of the purchase price of the canceled item, or under obligation to pay compensation for work already performed. If the buyer / client has not paid this fee after five working days, EET can notify the buyer / client in writing that it requires compliance with the concluded agreement. In that case, the buyer / client can no longer invoke the cancellation. or under the obligation to pay the fee for the work already performed. If the buyer / client has not paid this fee after five working days, EET can notify the buyer / client in writing that it requires compliance with the concluded agreement. In that case, the buyer / client can no longer invoke the cancellation. or under the obligation to pay the fee for the work already performed. If the buyer / client has not paid this fee after five working days, EET can notify the buyer / client in writing that it requires compliance with the concluded agreement. In that case, the buyer / client can no longer invoke the cancellation.
ARTICLE 7 – REPLACED MATERIALS OR GOODS
Replaced materials or goods will only be made available to the buyer / client if this has been expressly requested in the repair order. In the other case, these materials will become the property of EET, without the buyer / client being able to claim any compensation in this respect.
ARTICLE 8 – PAYMENT
1. Unless the parties have explicitly agreed otherwise in writing, payment of the total agreed price must have been made by the other party without settlement, withholding or suspension before delivery, or in cash on delivery. Delivery also includes the performance of work.
2. In the case of purchases or orders on account, payment must be received no later than fourteen days after the invoice date into a bank account to be determined by EET, without any discount or appeal to set-off or suspension.
3. The buyer / client must, at the first request, to which EET is entitled at all times, to make an advance payment or down payment, or to provide security required by the seller / repairer for the correct fulfillment of his obligations in a manner to be determined by EET. .
4. If the buyer / client has not paid the total agreed price or has not paid on time, he will be in default without notice of default. Without prejudice to any further rights accruing to EET, in such a case EET is entitled to charge the statutory interest for commercial transactions, plus 2% on an annual basis, on the overdue amount, per day from the relevant due date. This increase in the amount owed is regarded as a condition under which we have granted deferment of payment, without the obligation to pay as per the agreed time being canceled.
5. If EET is forced to hand over a claim for collection, apart from further claims for damages, all costs included therein, both judicial and extrajudicial, the latter being at least 15% of the overdue amount with a a minimum of € 114 will be set at the expense of the other party.
6. The debts of the clients or buyers to EET are considered as delivery debts.
7. Payment by the client or buyer must be made in “Euros”, unless explicitly agreed otherwise.
ARTICLE 9 – DISSOLUTION
1. If the buyer / client, after having been given written notice of default, remains in default for 14 days in the fulfillment of his obligations towards EET, the agreement will be dissolved by operation of law without judicial intervention, unless EET requires implementation of the agreement. The foregoing applies without prejudice to the provisions of article 8 paragraph 4 of these conditions.
2. If the buyer / client has failed imputably in the fulfillment of his obligations towards EET and the agreement has been dissolved as a result, the buyer / client for the benefit of EET will forfeit an immediately due and payable fine of 15% of the agreed amount without notice of default or judicial intervention being required. sum. This without prejudice to the right of EET to instead demand full compensation and reimbursement of costs of recourse (including the costs as stated in Article 8 paragraph 4).
3. If EET requires performance of the agreement on the basis of paragraph 1, the buyer / client will pay an immediately due and payable penalty on behalf of EET after the term of 14 days referred to in paragraph 1 for each day that has passed since then. of the agreed purchase price. This without prejudice to the right of EET to instead demand full compensation and reimbursement of costs of recourse (including the costs as stated in Article 8 paragraph 4).
4. Without prejudice to the provisions of this article, EET is authorized, without notice of default or judicial intervention and without prejudice to any other rights accruing to it, to dissolve or suspend the agreement in whole or in part with immediate effect, if the buyer / client dies, applies for suspension of payment or files an application for bankruptcy or if his bankruptcy is or has been filed for or pronounced. In these cases, every claim of EET on the buyer / client is immediately and fully due and payable, without EET being obliged to pay compensation and / or guarantee. In all cases in which the buyer / client is aware of facts and / or circumstances that give him good grounds to fear that he will not (be able to) fulfill his obligations towards EET, he is obliged to EET
ARTICLE 10 – FORCE MAJEURE
1. In the event that the performance of an agreement becomes difficult or impossible for EET as a result of force majeure, it is entitled to dissolve the agreement, insofar as it has not yet been performed, by means of a written statement, informing the buyer / client of the circumstances that make further implementation difficult or impossible.
2. Force majeure within the meaning of these terms and conditions includes, but is not limited to:
a. War or a similar situation, riots, sabotage;
b. fire, lightning strike, explosion, release of hazardous substances or gases;
c. failure in the energy supply, factory or operational failure of any kind;
d. boycott, company occupation, blockade insofar as performed by employees other than employees employed by EET;
e. transport barriers, loss of frost, import and export prohibitions;
f. non-attributable shortcoming (s) of third parties, engaged by EET for the implementation of the agreement;
g. all obstacles caused by government measures;
i. theft, embezzlement or damage to items from the warehouse, workshop or other business site of EET, or during transport;
j. as well as any (other) circumstance as a result of which the normal course of business of EET is obstructed, as a result of which the fulfillment of the agreement cannot reasonably be expected of EET. The provisions of this paragraph also apply if these circumstances concern suppliers of EET and other third parties engaged by it.
3. If a force majeure situation arises on the part of EET, it will inform the buyer / client as soon as possible, stating whether delivery is still possible and, if so, within what period.
4. If delivery has not become permanently impossible as a result of force majeure, but cannot still take place within a period of 3 months after the agreed delivery date, both parties are authorized to dissolve the agreement by notifying the other party in writing, without that one party is entitled to compensation against the other party. Such notification must be made within 1 week after (receipt of the) notification as referred to in paragraph 3 above.
ARTICLE 11 – RETENTION OF TITLE
1. EET reserves the ownership of all items delivered by it to the buyer / client until the purchase price for all these items has been paid in full. If, in the context of the sale, EET has carried out work to be paid by him for the benefit of the buyer / client, the aforementioned retention of title applies until the buyer / client has also paid its related claim in full. The retention of title also applies to claims that EET may acquire against the buyer / client due to service failure in one or more of its obligations to EET. However, the transfer of the risks will under all circumstances pass to the buyer / client as soon as the good or items have been delivered by EET to the buyer / client.
2. As long as ownership of the good has not passed to the buyer / client, the buyer / client is obliged to take out any legally prescribed insurance with regard to the use of the good as well as insurance against full or partial loss (hull cover). The buyer / client is furthermore obliged to have the delivered good maintained at his expense.
3. EET will not be obliged to indemnify the buyer / client against his liability as holder of the good. On the other hand, the buyer / client indemnifies EET against claims that third parties may have against EET and which can be associated with the retention of title made.
4. Ownership of the goods delivered is reserved by EET, as a guarantee for all obligations of the buyer / client and / or its subsidiaries to EET until the buyer / client has fulfilled all its obligations.
5. If items that are still owned by EET but are co-owned by one / more supplier (s) because modifications / treatments have meanwhile been carried out, they remain jointly owned by the relevant suppliers, with the exclusion of customers / buyers. The ratio of ownership rights is distributed in proportion to the delivered invoice value per supplier to the total invoice value of the joint suppliers.
6. The buyer / client assigns, with immediate effect, all claims obtained from sales of goods reserved by EET on current and future deliveries of goods with all additional rights, to EET in order to secure retention of title for EET.
7. If a good delivered by EET, of which EET has a retention of title, is imported into another Member State of the European Union, the law of that Member State governs the retention of title, if that law contains more favorable provisions for EET in this respect.
8. As long as the goods delivered by EET are subject to retention of title, the other party may not encumber them outside its normal business activities; more in particular, the other party is not permitted in the aforementioned circumstances to encumber the goods within the framework of any financing.
9. The other party must immediately notify EET of claims or attempts to do so by third parties to take control of matters to which EET can assert any or co-ownership rights.
10. The other party now grants EET the right to enter all those places where EET’s properties are located in order to exercise the property rights.
11. The other party is obliged to store EET’s goods with due care, separately and as clearly identifiable property of EET.
12. The other party has the obligation to ensure that the goods of EET, among other things with a view to the quality assurance criteria and traceability of goods in the production chain, are not mixed with other goods. In the event of mixing, EET is presumed to be co-owner of the mixed stock of goods, for the invoice value of the goods originally delivered by EET.
13. In the event of processing or processing of the goods by or on behalf of or at the other party, this is deemed to have been done (partly) on the instructions of EET and EET obtains the co-ownership right in the new goods created, for the invoice value. of the items originally delivered by EET.
14. If EET cannot invoke its (co) ownership rights because the goods have been mixed, processed or checked, the other party is obliged to pledge the newly created goods to EET upon first request.
15. EET is also entitled to retrieve the goods on which it has retention of title, if circumstances arise from which EET can reasonably infer that there is a risk that the goods will not be paid (on time), even if payment has not yet been made. is due and payable.
ARTICLE 12 – RIGHT OF RETENTION
In the event of repairs, EET can exercise the right of retention on the good if and for as long as:
– the client does not pay the costs of the work on the good or not in full;
– the client does not pay the costs of earlier work performed by EET on the same item or does not pay it in full;
– the client does not or not fully pay other claims (including compensation for damage, interest and costs) arising from the contractual relationship with EET.
ARTICLE 13 – LIABILITY
1. EET is only liable towards the buyer / client for damage that is the foreseeable and direct result of an attributable shortcoming on the part of EET in the performance of its obligations under the agreement between it and the buyer / client. Any form of consequential or indirect damage is excluded from compensation. This includes, among other things: trading loss, loss due to delay (other than statutory interest), loss due to depreciation, loss of enjoyment, loss of profit, or loss suffered, loss in connection with costs for towing or replacement transport or rental and lease costs, loss due to extra transport costs, damage to (goods of) third parties, cargo damage, damage due to infringement of patents,
2. Insofar as EET is obliged to compensate damage under the provisions of paragraph 1 above, it only concerns damage for which it is insured or should reasonably have been insured, on the understanding that never a higher than the maximum insured or reasonably insure amount is eligible for reimbursement. The purpose of the provisions here is to establish a damage ceiling.
3. With regard to the condition of the work and / or goods delivered by EET, its liability towards the buyer / client does not extend further than described in the warranty conditions, as determined in article 14. The buyer / client does not have the rights that the law does not allow the buyer / client to act in the exercise of a profession or business on that basis, such as the right under Book 7 of the Dutch Civil Code that the goods comply with the agreement on delivery.
4. Any other claim for compensation, for whatever reason, is excluded.
5. The buyer / client indemnifies EET against all claims from third parties, unless EET is liable under this article.
6. Our liability is limited to deliveries of goods within mainland Europe. Any claim for compensation in connection with a delivery or onward delivery to a non-European country or an overseas territory of a European country is excluded.
ARTICLE 14 – GUARANTEE
1. For deliveries of new goods (including parts and materials) those guarantees apply if and insofar as these are provided by the manufacturer, importer or supplier.
2. Activities that are carried out by a third party on behalf of EET are not subject to any other guarantee than that which EET has received from this third party.
3. EET guarantees (within the European Economic Area) from the date of delivery of the item or from the date of delivery of the completed work:
a. an exchange item supplied by him for a stationary installation (including exchange engine, exchange technical component) and / or an item (for such an installation) completely overhauled by him on behalf of him (including engine, technical component), during a period of 24 months after the invoice date, but until the installation has run 2,000 hours;
b. an exchange item delivered for a vessel or vehicle (including exchange engine, exchange-technical component) and / or an item (for such a vehicle or vessel) completely overhauled by him (including engine, technical component) for a period of 24 months after the invoice date, however up to a maximum of either 2,000 operating hours or 100,000 kilometers traveled by the vessel or vehicle (whichever maximum is reached first);
c. a part overhaul / individual components overhaul performed by him for a stationary installation during a period of 3 months after the invoice date, but until the installation has run 500 hours;
d. a component overhaul / individual components overhaul performed by him for a vessel or vehicle during a period of 3 months after the invoice date, however up to a maximum of either 500 operating hours or 25,000 kilometers traveled by vessel / vehicle (which determines which maximum is reached first)
e. Unless otherwise agreed in writing with the buyer / client prior to the agreement, the warranty is only provided to the buyer / client and does not apply to successive assigns. Third parties, in whatever capacity, are under no circumstances entitled to invoke these warranty provisions.
f. The guarantee with regard to an exchange means that EET will remedy the shortcomings found within this period.
g. With regard to an item completely overhauled by order, the guarantee includes the re-performance of incorrectly performed operations as well as the replacement of parts supplied in this regard that become defective during the guarantee period.
h. Repair and / or replacement of cylinder blocks, cylinder heads, fuel pumps and crankshafts that have not been performed or supplied by or under the responsibility of EET is not covered by the warranty, unless defects are due to incorrectly performed operations by EET.
i. With regard to a delivered exchange item or completely overhauled item built into an automobile, and thus excluding all other applications, such as industrial or maritime applications, up to one year after the invoice date, the costs incurred for warranty can be increased by a compensation for the necessary removal and installation of the case, calculated according to flat rate times and the real hourly rate of EET. The parts replaced under warranty become the property of EET.
j. The warranty obligation lapses if the buyer / client does not punctually fulfill or has not fulfilled his payment obligations. The buyer / client is not entitled to refuse payment on the grounds that EET has not yet or not fully and / or would have fulfilled its guarantee obligations.
k. The claims to guarantees also lapse if third parties have carried out activities from EET without written permission (issued after a price quotation announced in advance by the buyer / client) in connection with the activities performed by EET in respect of which the guarantee is invoked. However, the guarantee does apply to the buyer / client if the need for immediate repair has occurred elsewhere and this can be demonstrated by the buyer / client on the basis of the information provided by the other contractor and / or on the basis of the broken parts. If repairs take place in the Netherlands, the third contractor must also be a member of BOVAG. Reimbursement of the costs of repair takes place on the basis of the price level as applicable in the warranty-providing overhaul company.
l. The following are excluded from the warranty:
– defects in materials or parts prescribed or made available by the buyer / client;
– defects that are the result of designs, drawings, constructions or working methods made available by the buyer / client, or advice given by the buyer / client;
– defects in built-in electronic components;
– defects in fuel systems such as tank and additional components are not flushed or renewed. The warranty also does not extend to the repair of engine defects that have arisen as a result of the use of fuels for which the engine (according to the factory regulations on prescribed fuel consumption) is not suitable or for which the engine has not been made suitable by EET;
– engine damage caused by failure and / or incorrect use of the electronic components and / or of the electronic peripheral events is also excluded from the warranty, as are defects to items that are not material and / or construction defects (such as defects as a result of normal wear and tear , internal and external pollution, rust and paint damage, transport, freezing, overheating, overloading and / or dropping the product);
– defects arising as a result of: intent, failure to perform normal or prescribed maintenance, incorrect installation / connection / changes carried out by third parties, improper treatment, incorrect (or other than normal use) are also excluded from the warranty;
– Nor is there any claim under warranty with regard to defects that arise as a result of accessories belonging to the good, but not checked by EET, as well as with regard to defects and damage caused by the participation of the vessel and vehicle in competitions or speed tests.
5. The original warranty period is not extended in the event of replacement.
6. Work / repairs carried out are guaranteed for up to 3 months after the invoice date, however with a liability that is limited to a maximum of the invoice amount.
7. Deliveries of used engines are guaranteed for up to 3 months after the invoice date, however with a liability that is limited to a maximum of the invoice amount. Deliveries of used parts are excluded from the warranty.
ARTICLE 15 – ADVERTISING
1. Complaints with regard to goods delivered by EET or work performed by it must be submitted to EET within a reasonable time, but in any case within 8 days after the ground for the practice of the complaint has been discovered, or could reasonably have been discovered. submitted under penalty of forfeiture of claims. This period commences at the time of actual delivery of goods or the time of performance of the work.
2. If the buyer / client wishes to complain, he must allow EET to inspect the delivered goods and / or have them inspected, under penalty of forfeiture of the right to appeal for shortcomings. If the complaint is declared well-founded, the costs of this inspection and the return of the delivered goods are at the expense and risk of the overhaul company. If the complaint was unfounded, the costs of inspection and return are for the buyer / client.
3. Goods that have been returned will not be accepted, unless previously approved in writing by the overhaul company. They must be shipped carriage paid and properly packaged (including safe / completely coolant, oil-free).
ARTICLE 16 – PERSONAL DATA
The personal data of the buyer / client that are stated on the order confirmation will be processed by the seller / repairer, possibly within the meaning of the Personal Data Protection Act (Wbp). On the basis of this processing, EET can execute the agreement and fulfill its warranty obligations towards the buyer / client, provide the buyer / client with an optimal service, provide him with up-to-date car information and make personalized offers. In addition, the personal data can be made available to third parties for direct marketing activities for vehicles. Any objection to be lodged with EET by the buyer / client against processing personal data within the meaning of the Wbp for direct mailing activities will be honored.
ARTICLE 17 – CHOICE OF LAW AND FORUM
1. All agreements between EET and buyer / client are exclusively governed by Dutch law. The applicability of the Vienna Sales Convention is explicitly excluded. This insofar as any law or treaty text does not exclude this choice of law.
2. All disputes that may arise from or as a result of an agreement as referred to in these terms and conditions, as well as out of or as a result of agreements that are the result of such an agreement, will, if they cannot be resolved by mutual agreement, be submitted. at and decided by the competent court in Arnhem (the Netherlands). To the exclusion of the foregoing, EET reserves the right to submit a dispute to and in accordance with the procedural rules of the Netherlands Arbitration Institute in Rotterdam (the Netherlands).
ARTICLE 18 – CONFLICT WITH LEGAL PROVISIONS
Should any provision of these business terms and conditions of delivery and payment not apply or be contrary to public order or law, only the relevant provision will be considered unwritten, but otherwise the terms and conditions will remain in full force. EET reserves the right to change the contested provision into a legally valid one.
ARTICLE 19 – AUTHENTIC LANGUAGE
Even if these delivery and payment conditions are provided in a language other than Dutch, in case of doubt the Dutch version of these conditions will be decisive.