Check our General Terms and Conditions of Sale and Delivery Juisma® here as filed under number 56138466 K.v.K. in Eindhoven.

 

Juisma® Special Parts - General terms and conditions of delivery and sales WEBSHOP

 

Juisma® Webshop is part of and a trade name of Juisma Special Parts.

The following general terms and conditions of Juisma Special Parts therefore also apply unchanged to Juisma® Webshop (Article 26 of these terms and conditions)

Confirmation

Orders are always confirmed. If your order is available from stock, it will be dispatched within 48 hours. If an item is not available from stock and takes longer than 1 week, you will receive confirmation of the correct delivery time by return.

Shipping

Your order will be shipped all over the world via parcel service or general carrier, depending on the type of order. In the case of private sales, your package will be sent by parcel service.

It is not possible to collect your shipment from our office. However, if required, we can arrange express delivery. The extra costs are for the customer.

Payment

When ordering, companies can make use of a 14-day payment period on account, without credit restriction within the Netherlands. You will receive a VAT invoice separately from the shipment by eMail. Foreign customers or orders sent abroad will always receive an order confirmation with estimated shipping costs in advance. Upon approval, the order will be continued and delivered.

Special products that must be made to customer specifications cannot be ordered via the webshop but are requested directly via the Juisma® website.

Moulds, proto-moulds or other tools required for the manufacture of special products remain the property of "JUISMA®". You pay a contribution that allows these tools to be used exclusively for you. Upon termination of the cooperation, the tools will be destroyed. Rights and maintenance on the moulds expire after 2 years without use.

Conditions of sale

Article 1 Validity of these conditions.

1-1 These terms and conditions shall apply to all offers and to all agreements entered into by V.O.F. JUISMA SPECIAL PARTS, (see article 26 for other trade names) established in Deurne, hereinafter referred to as "JUISMA".

1-2 The assignment or order of the client shall only be deemed as acceptance of "JUISMA" its general terms and conditions. Special provisions deviating from "JUISMA" its general terms and conditions shall only be binding if agreed in writing.

Article 2 General terms and conditions of contracting parties and/or third parties.

2-1 "JUISMA" only accepts the applicability of general terms and conditions of contracting parties and/or third parties if this has been expressly agreed in writing.

2-2 However, any applicability of so-called general terms and conditions shall not affect the applicability of the general terms and conditions of "JUISMA", unless they conflict with the general terms and conditions of contracting parties and/or third parties.

2-3 General terms and conditions shall only be accepted by "JUISMA" under the aforementioned conditions and shall only apply to the intended transaction. Subsequent transactions will not be automatically handled again through the purchase conditions.

Article 3 Offers.

All offers are without obligation, unless expressly stated otherwise. The prices stated are valid for delivery ex company or warehouse of "JUISMA", exclusive of VAT, exclusive of packaging. Data in printed matter provided by "JUISMA" are subject to change without prior notice, they do not bind "JUISMA".

Article 4 Agreement.

4-1 The agreement of purchase and sale of goods, only becomes binding for "JUISMA" by its written/mouth confirmation.

4-2 Every agreement entered into with "JUISMA" contains the resolutive condition that he will prove sufficient creditworthiness of the client, this exclusively at his discretion. The client will allow "JUISMA" to request information about him if necessary, for which information "JUISMA" will turn to an agency.

4-3 Information regarding the offered goods such as characteristics, measurements, colour, etc., as well as information in printed matter, drawings, illustrations, etc. provided by "JUISMA" with the offer, are not binding for him and are given in good faith.

Article 5 Agreements.

Arrangements or agreements with subordinate members of the personnel of "JUISMA" do not bind the latter, insofar as they have not been confirmed by "JUISMA" in writing. In this connection, all employees and staff who do not have power of attorney are to be regarded as subordinate personnel.

Article 6 Prices.

6-1 All agreements are always concluded on the basis of the prices applicable at the time of conclusion.

6-2 Price lists and advertising materials are subject to change and do not bind "JUISMA".

6-3 If after the agreement the prices of wages, social charges, turnover tax, etc. increase, these may be passed on.
6-4 Quotations/agreements for 'custom-made parts', the contribution to mould costs remains dependent on the final design. In the event of changes in material, colour, size specifications, quantities and packaging, new prices shall always be issued and all previous offers/agreements shall lapse. Moulds shall never become the property of the customer.
Article 7 Partial delivery.
Any partial delivery, including the delivery of goods of a composite order, may be invoiced; in such a case, payment must be made in accordance with the provisions of article "payment".
Article 8 Packaging.
If necessary, packaging shall be charged at cost price and not taken back. The necessity of using packaging is at the discretion of "JUISMA".
Article 9 Down payment.
"JUISMA" is entitled to demand a minimum down payment of 25% when entering into the agreement. If the agreement is dissolved due to non-performance by "JUISMA", the client has the right to repayment of the down payment made, in addition to damages, as further regulated in these terms and conditions, which in any case includes the statutory interest on the amount paid in advance by it.
Article 10 Delivery terms.
10-1 Stated delivery times are approximate.
10-2 The delivery periods have been set in the expectation that there are no impediments for "JUISMA" to deliver the goods.
10-3 If ordered goods, after the expiry of the delivery period, have not been taken by the client, these goods will be stored at its disposal at its expense and risk.
Article 11 Transport.
The shipment takes place in the manner indicated by "JUISMA". If the customer wishes to receive a shipment in a different manner, such as by express delivery, then the extra costs involved will be at its expense.
Article 12 Return shipments.
Return shipment costs shall be borne by the principal if the cause of the return shipment arose on the principal's side. If the cause of the return has arisen on the part of "JUISMA" it will bear the costs. Insurance of the return shipment is not covered by "JUISMA", this is therefore the responsibility of the client.
Article 13 Additional and less work.
13-1 The work includes only that which has been agreed between the parties in writing. Additional and less work ordered verbally before or during the execution of the work is eligible for settlement. Costs to be incurred by "JUISMA" which are caused through no fault of its own may be charged to the client.
13-2 The applicability of the provisions of article 7a 1646 of the Dutch Civil Code is expressly excluded.
Article 14 Changes to the order.
14-1 Amendments to the original order, of whatever nature, made in writing or orally by or on behalf of the client, which cause higher costs than can be counted on in the quotation, shall be charged additionally to the client.
14-2 Changes in the execution of the order requested by the client, after the order has been given, must be notified to "JUISMA" by the client in good time and in writing. If the amendments are notified verbally or by telephone, the risk for the implementation of the amendments is for the account of the client.
14-3 Changes made may result in the delivery time agreed for the changes being exceeded by "JUISMA" beyond its responsibility.
Article 15 Cancellation.
15-1 If the client cancels the order and/or refuses to take delivery of the goods, it is obliged to pay for the materials already purchased by "JUISMA", whether or not processed, at the cost price, including the price of the goods.
processed at cost price, including wages and social security charges. The client will also owe "JUISMA" as compensation the amount of 1/3 of the agreed price. The client is further obliged to indemnify "JUISMA" against claims of third parties as a result of the cancellation of the order and/or refusal of the goods.
15-2 Without prejudice to that stated in the previous paragraph of this article, "JUISMA" reserves all rights to claim full compliance with the agreement and/or compensation for damages.
Article 16 Complaints.
16-1 The client is obliged, immediately after delivery of the goods, to inspect them thoroughly for defects and, in the presence thereof, to inform "JUISMA" immediately. If, within 8 days after the day of delivery, the customer does not inform
points out the defects, which could have been noticed on close examination, then the client is deemed to agree to the condition in which the purchased item has been delivered and any right to complain lapses.
16-2 "JUISMA" must be enabled to check complaints submitted. In the event of agreement, a written statement will be drawn up to be signed by both parties.
16-3 Should the parties be unable to reach agreement, an independent expert will be called in. The costs of this expert shall be borne by the party ruled against, unless otherwise agreed.
16-4 If, in the opinion of "JUISMA" or the independent expert, the complaint is correct, it will either pay fair compensation up to a maximum of the invoice value of the delivered goods, or replace the delivered goods free of charge after returning them in their original condition. "JUISMA" is not obliged to further damage or cost compensation however called.
Article 17 Guarantee.
17-1 For a period of 2 months after delivery, "JUISMA" grants the client a guarantee for material and manufacturing defects which arise during normal use. "JUISMA" its guarantee does not apply if the faults are the result of injudicious use, of causes other than material and manufacturing faults or if "JUISMA" delivers used material or used goods after consultation with the client.
17-2 For sold and delivered goods with a manufacturer's or importer's or wholesaler's guarantee, only the guarantee provisions laid down by these suppliers shall apply.
Article 18 Right of retention.
Where "JUISMA" has goods of the client in its possession, it is entitled to retain these goods until payment of all costs which it has incurred in the execution of the order of the same client, unless the client has provided adequate security for these costs.
Article 19 Liability
19-1 "JUISMA" is not liable for the costs, damages and interest which may arise as a direct or indirect consequence of:
A. Force majeure, as further described in these terms and conditions.
B. Acts or omissions of the client, its subordinates, or other persons employed by or on behalf of it.
19-2 "JUISMA" is only liable, insofar as its insurance covers this, or up to a maximum of the invoice value, for damage to the work, accessories and materials and equipment, as well as to the work and/or property of the client and/or third parties, insofar as caused by gross negligence on the part of "JUISMA" or those who have been employed by "JUISMA".
19-3 In principle, "JUISMA" shall not be obliged to compensate any trading loss and/or consequential loss suffered by a client, depending on the nature of the fault.
Article 20 Force majeure.
20-1 Exceptional circumstances, such as. storm damage and other natural disasters, hindrance in transport in general, full or partial strikes, riots, war, or danger of war both here in the country and in the country of origin of the materials, exclusions, loss of or damage to goods during transport to "JUISMA" or the client, non-delivery or late delivery of goods by suppliers of "JUISMA", ex- and import prohibitions, full or partial mobilisation, obstructive measures of any government fire, breakdowns and accidents in the company or in the means of transport of "JUISMA", or in the means of transport of third parties, the imposition of levies or other government measures, which entail a change in the actual circumstances, constitute force majeure for "JUISMA", which relieves it of its obligation to deliver without the client being able to assert any right to compensation of whatever nature or however called.
20-2 "JUISMA" is in these or such cases entitled, this entirely at its own discretion, to cancel the purchase agreement or to suspend or modify it, respectively, until the extraordinary circumstances have ceased to exist.
Article 21 Retention of title.
21-1 As long as "JUISMA" has not received full payment in respect of a purchase/sale agreement from the parties, the goods delivered shall remain the property of "JUISMA".
21-2 "JUISMA" has the right to reclaim and take possession of these goods, if the defaulting customer is declared or the goods are seized.
21-3 All acts of disposition with regard to the sold and delivered goods, are prohibited to the client, as long as he has not fulfilled his payment obligation.
Article 22 Default and dissolution.
22-1 If the principal commits breach of contract in any way, he shall be in default for that alone without any notice of default being required.
22-2 Without prejudice to the provisions of the Civil Code, "JUISMA" will, in the event of non-performance, have the right to suspend the agreement entered into, to consider it wholly or partly dissolved without judicial intervention, such at its discretion.
22-3 "JUISMA" also has the rights mentioned in paragraph 2 of this article if the client is declared bankrupt or bankruptcy is applied for, if it has applied for or has been granted a moratorium, its immovable property has been seized, its company has gone into liquidation or has been or is being taken over by a third party or third parties, or if it intends to leave the Netherlands permanently. In all these cases, all claims which "JUISMA" has against the client will be immediately due and payable.
Article 23 Payment.
23-1 Payment must be made within 14 days after submission of the invoice, unless otherwise agreed in writing.
23-2 "JUISMA" is entitled, if payment of the amount due is not received by it within the stipulated period, to charge the client an interest of 1.25% per month, calculated from the date of sending the invoices.
23-3 "JUISMA" is furthermore entitled to claim from the client all costs, both judicial and extrajudicial, caused by the non-payment, in addition to the principal sum and interest, including the costs of lawyer, procurator, fiduciary, bailiff and collection agency.
23-4 The extrajudicial costs shall be 15% of the principal sum plus interest, with a minimum of € 50. The extrajudicial costs shall also be increased by all costs for legal advice and assistance. The mere fact that "JUISMA" has insured itself with the assistance of a third party demonstrates the extent and the obligation to pay the extrajudicial costs.
Article 24 Applicable law.
All agreements concluded and/or acts performed by "JUISMA" are exclusively governed by Dutch law; these agreements and/or acts are deemed to have been concluded and/or performed in the Netherlands.
Article 25 Disputes.
All disputes arising from the agreements concluded between the parties, including the mere collection of the amount due, shall be brought before the Civil Court of the place of business of "JUISMA", if it so desires, insofar as the Civil Court is authorised to do so by law.
Article 26 Naming.
All trade names used by "JUISMA" are: V.O.F. Juisma Special Parts, Juisma Special Parts, Juisma, Juisma SP, Juisma Webshop and Kabelbinders.EU. All conditions mentioned in these articles therefore apply in full to all these trade names.