Terms and Conditions Skel Supplements

Delivery and payment conditions

SKEL Supplements BV
Silver angle 7
4651 SP in Steenbergen

  1. General

These delivery and payment conditions apply to all agreements to be concluded and concluded by us for the delivery of goods and/or – whether or not related to them – to perform services or work.

Deviations from these terms and conditions must be expressly agreed in writing. If one or more provisions in these terms and conditions are invalid or should be annulled, the other provisions of these terms and conditions will remain fully applicable.

We will then consult with the buyer in order to agree on new provisions to replace the void or voided provisions, taking into account if and insofar as possible the purpose and intent of the original provision.

  1. Prices

Quotations are always made on the basis of the prices applicable at the time of the offer. If, after the agreement has been concluded, changes occur in one or more price-determining factors, of whatever nature, we are authorized to pass on this cost increase. Offers and quotations do not automatically apply to repeat orders. Additional work not included in the quotes, such as adding e.g. package inserts, labelling, coding, extra packaging, making or correcting labels, etc., etc., will be charged separately depending on the time and costs involved. entail work.

Stored goods that are not our property are stored in our warehouses at the risk (in the broadest sense of the word) of the buyer/customer. When these are no longer purchased, they can be removed and/or destroyed at the expense of the buyer/customer. Storage costs are calculated afterwards according to an average market price of similar logistics service providers.

  1. Delivery

Delivery takes place by delivery of the goods to the address of the customer or by collection of the goods. The risk for the products (for loss, theft, damage, etc.) is for the buyer/client from the moment of delivery (leaving our location).

Delivery takes place in accordance with the specifications of the last order issued.

  1. labels

Labels/labelling/coding/making/composing labels/content/content designation/statement of content in ml. or gr. etc. etc..

The client is obliged to pass on all relevant instructions in writing. In the event of shortcomings in the broadest sense of the word (including those according to legal provisions, such as legally permitted texts, etc.) or if he does not or does not do this sufficiently, then we are not liable towards the client for the resulting damage of whatever nature and size. and the client indemnifies us against claims for any damage.

  1. Warranty/complaint

Under the conditions stated below, we grant the buyer/client a guarantee after delivery that the delivered goods have been carried out in accordance with the order.

In the event that the buyer/client makes a complaint with due observance of the following and his complaint is found to be well-founded by us, we will, at our discretion, either replace the goods concerned, correct them, or grant a price reduction. Under penalty of forfeiture of his right to complain, the buyer/client is obliged to report any complaints and/or imperfections in writing to us within 8 days of delivery.

Complaints are not possible with regard to deviations that are the result of external causes and/or of any act or omission of the client or third parties. In particular, other than in accordance with the regulations provided by us, expiration dates, incorrect storage, etc. performed by the client itself or by third parties. Complaints are not possible when goods (in the broadest sense) are traded outside the EU by the buyer/client and/or third parties without our written permission.

Complaints are also not possible if the fact that the delivered item is not satisfactory is the result of any government regulation regarding the content, nature or quality of the materials/raw materials used. If the technical insights in the sector or the relevant government regulations change, we cannot be attributed a shortcoming for that reason alone and the buyer/client has the right to complain not only on that ground.

  1. Delivery time / force majeure

Force majeure, to be understood as any circumstance beyond our control, whether or not foreseeable at the time of entering into the agreement, as a result of which fulfillment cannot reasonably be expected of us, gives us the right to suspend our obligation. Force majeure within the meaning of these terms and conditions includes (but is not limited to): lack of raw materials, breakdowns in the factory or during transport of any kind, strikes, exclusion or lack of personnel, quarantine, epidemics, mobilization, martial law, war, disturbances, impeded or closed supply on land, at sea or in the air, frost loss, default of third parties, as well as all obstacles caused by measures taken by the government.

The same circumstances regarding our suppliers or experts engaged by us are also covered by this provision. If delivery is not permanently impossible, but cannot still take place within three months, both parties are entitled to dissolve the agreement by notifying the other party in writing, without one party being entitled to compensation against the other.

Such notification must be made within one week after (receipt of) notification as referred to in the previous article.

  1. Payments

Unless expressly agreed otherwise in writing (per transaction)

payment must be made as follows:

50% of the agreed price, to be paid within eight days after the conclusion of the agreement and 50% to be paid within 14 days after delivery. Payment must be made without compensation or set-off.

Without prejudice to our other rights, if the payment term is exceeded, regardless of whether this can be attributed to him, the buyer/client owes us statutory interest on the unpaid part of the invoice, without any reminder or notice of default being required. necessary.

If we are forced to hand over a claim to the bailiff, apart from his further claims for compensation, all costs related thereto, both the full judicial costs actually incurred and the extrajudicial costs, which are last fixed at 15% of (the) amount(s) to be claimed, for the account of the buyer/client.

  1. Retention of title

Delivery takes place subject to retention of title. This reservation applies to claims for payment of all products delivered or to be delivered by us to the buyer/client pursuant to any agreement and/or work performed in the context of the delivery, as well as to claims due to shortcomings on the part of the buyer/client. client in the fulfillment of these agreements.

We are authorized, if the buyer/client becomes bankrupt, is late with payment or if there is good reason to assume that he will not pay or will pay too late, the delivered products that are ours in accordance with the previous article. retained ownership. Such a return shall be deemed to constitute a dissolution of the agreement(s) concluded with the buyer/client.

To the extent necessary, the buyer/customer hereby irrevocably authorizes us to remove the relevant products or have them removed from where they are located.

Deliveries are made exclusively in accordance with our sales conditions, any purchase conditions of the buyer/client will not be accepted or will only be accepted after written permission.

  1. Applicable law/disputes

The agreements to which these terms and conditions apply are subject to Dutch law. All disputes arising from or in connection with these or related agreements can, apart from the possible competence of the subdistrict court, be brought exclusively before the District Court in Breda.

  1. Change

If deemed desirable and/or necessary, we are authorized to amend these general terms and conditions.

These delivery and payment conditions have been filed with the Chamber of Commerce in Breda under number 76544435.