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General Terms

The General Terms and Conditions of VehGro B.V. are as follows:


ART. 1 Quotes/Contracts
 
1.1 All quotes by VehGro are non-binding and VehGro expressly reserves the right to adjust its prices and its General Terms and Conditions; especially if this is necessary due to (statutory) provisions.

1.2 These General Terms and Provisions apply to all quotes by and to contracts respectively agreements with VehGro.

1.3 VehGro has the right to introduce additional conditions aside from these General Terms and Conditions, which apply specifically to the type of transaction resp. the type of service. The additional conditions are part of the General Terms and Conditions.

1.4 It is understood that a customer who has entered a contract resp. an agreement with VehGro in accordance with these General Terms and Conditions will accept that these General Terms and Conditions will also apply to every possible future order this customer places orally or in written form, without VehGro being obliged to address this matter specifically.

 

ART. 2 Quotes/ Orders

2.1 Price lists, publications on the website as well as price indications on VehGro-Shop shall not represent a binding offer.

2.2. Quotes are non-binding unless it is stated otherwise in the quote. 

2.3 VehGro is not liable for any delayed or unusable deliveries of orders, notices due to the use of internet or any other type of communication in order to communicate with VehGro unless the default was evidently caused by the gross negligence or willful misconduct of VehGro.

 

ART. 3 Shipping costs/Payment

3.1 VehGro delivers the goods at the prices valid on the date of shipment from VehGro’s stock. The services of VehGro are charged after their provision at the price that VehGro calculates in the usual manner.

3.2 For orders up to 30 kilograms within the Netherlands, to Belgium and to Germany, shipping costs strating from € 6,95 per parcel up to 30 kilograms will be charged. Shipment of pallets within the Benelux countries and to Germany from € 49,50/Euro-pallet.

For up-to-date information on shipping costs for ALL European countries check our Delivery section.

3.3 Payments can be effected by Banktransfer, PayPal, Creditcards,  IDEAL, Mr. Cash, Sofortbanking, prepayment and on account. After receipt of the payment of the total purchase amount including surcharges such as transport costs, your order will be shipped. Possible deviating arrangements only after consultation with and after confirmation by VehGro.

3.4 A delayed payment allows VehGro to suspend or terminate its performance with regard to the present and / or other agreement(s) with the customer without the customer having the right to claim damages or to dissolve the agreement and without prejudice to the right of any losses, profit losses and other consequential damages.

3.5 The customer is not entitled to apply settlement.

3.6 Pending complaints and/or warranty claims do not entitle to pause payment or to only partly settle outstanding amounts.

3.7 If the customer has not paid the invoice in cash on the due date, he will owe an interest of 0.1% of the outstanding amount per day without prior notice of default, taking into account the statutory limits.

3.8 If nothing else has been agreed upon, payment should be made by bank and in advance to the actual delivery of the goods. If VehGro sends an invoice, the payment is due within seven days after the invoice date unless otherwise agreed in writing.

3.9 Payments made by the customer shall always serve for payment of all unpaid interest and costs and subsequently for those payable invoices which have been outstanding the longest, even if the customer states that the payment relates to a later invoice.

3.10 If the customer has not been paid the amount owed by the deadline and if VehGro has opened a collection procedure by legal or other means, the customer is required to compensate Vehgro for the costs incurred in this matter.

3.11 VehGro is at all times entitled to request the customer to provide sufficient security for the fulfilment of his payment obligations with regard to the services performed by VehGro, in a manner designated by VehGro.

3.12 Replacement products shall be approved by offsetting the replacement costs and exclusively after prior permission and exclusively with regard to payment. VehGro does not guarantee the prompt provision of the replacement products.


ART. 4 Time for delivery
 

4.1 All articles in the online shop are usually available from stock within 1-7 working days. However, it is possible that an article is temporarily out of stock or has been withdrawn from stock. In such a case, the customr will be informed by e-mail or telephone and VehGro shall stop the order. If a subsequent delivery turns out to be impossible, the customer will be notified. However, VehGro assumes, that the customer’s order will be delivered within 1-7 working days (after receipt of the order). All reported or mentioned delivery times are indicative only and may not lead to any right or liability. If the customer gets in delay with any payment, VehGro is entitled to suspend or terminate (the execution of) the corresponding contract and the related agreements.

4.2 The delivery time starts as soon as an agreement has been reached concerning all technical details and after VehGro has received all data and/or sketches necessary for the execution of the agreement.

4.3 The mentioned delivery times shall be deemed to be estimates only

4.4 The agreed delivery times do not imply that VehGro is in default if the delivery deadline has been passed as this requires a written notice of default, which grants VehGro a period of 14 days to fulfill the obligations.

5.4. In the event that VehGro should exceed a time of delivery, the customer is never entitled to any claim for compensation, a termination of the agreement or any other action against VehGro. The situation is different in the event of intent or negligence on the part of VehGro or its management personnel or if the delivery period is exceeded by more than three months. In this case, the customer has the right to terminate the agreement without being entitled to liability claims or any claims for compensation.


ART. 5 Force majeure

Should VehGro be prevented from being able to fulfill the agreement partially or completely and / or be prevented from fulfilling the agreement in due time due to force majeure, VehGro is not liable for any damage. Force majeure is understood to mean any deficiency for which VehGro cannot be held accountable, as this shortcoming cannot be hold against VehGro nor can it be regarded as its responsibility by virtue of the law, legal action or according to generally accepted standards.

 

ART. 6 Reservation of title 

The possession of delivered products will only be transferred to the buyer as soon as the buyer has completely settled the debt due to any agreement in favor of VehGro. The risk involved in ownership of the goods is only transferred to the customer from the moment of delivery.

 

ART. 7 Complaints and liability  

7.1 The buyer is obliged to examine the products directly after delivery in order to determine whether they correspond to the agreement.

7.2 Complaints in general as well as complaints about invoices are to be communicated to VehGro in written form and with an adequate description of the complaint within eight days after receipt of the goods or invoices or within eight days after a possible defect with respect to the delivery items has been discovered or should have been discovered. After the lapse of this period, it is assumed that VehGro has correctly fulfilled its obligations and it is assumed that the customer has recognized the items or invoices as correct.

7.3. After the lapse of this period, it is assumed that VehGro has correctly fulfilled its obligations and it is assumed that the customer has recognized the items or invoices as correct.

7.4 Complaints never give the customer the right to suspend payments.

7.5 If VehGro deems a complaint to be justified, VehGro has the right to choose from the following options: A: to adjust the invoice and to change the invoice amount accordingly; B: to replace the delivered product with a product with similar specifications; C: to take back the delivered product and to dissolve the agreement by reimbursing the invoice amount paid by the customer without being obliged to any compensation.

7.6 In such a case, the customer should immediately give VehGro the opportunity to correct any defects.

 

ART. 8 Right of withdrawal 

During the period of complaint (8 days), the buyer will carefully handle the product and packaging. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product including all the delivered accessories and in original condition and packaging to VehGro in accordance with the appropriate and clear instructions given by VehGro. If the buyer makes use of his right of withdrawal, not more than the costs of returning the goods are at his expense. If the buyer already paid an amount, VehGro will refund this amount as soon as possible, but at the latest within 30 days after receipt of the returned products or the withdrawal. If the buyer does not have a right of withdrawal, this can only be excluded by VehGro if VehGro has indicated this clearly in the offer, at least early before the conclusion of the agreement.

The exclusion of the right of withdrawal is only possible for products:

- manufactured by VehGro according to the specifications of the buyer (specific products or tailor-made production) and which therefore are not resalable;

- that are clearly personal;

- which cannot be returned due to their nature.;

- that are highly perishable or subject to rapid deterioration (aging) (food).

- whose price is subject to fluctuations on the financial market which VehGro cannot influence.

 

ART. 9 Warranty / Limitation

9.1 VehGro vouches for the good quality of the products it supplies (according to the supplied specifications).

9.2 Neither Vehgro nor any third party that VehGro includes in order to achieve or execute any agreement shall be liable for any damages directly or indirectly suffered by the customer  or any third party involved in the execution of the agreement, which arise from the agreement or are linked to the agreement, regardless of the cause.

9.3 Without prejudice to the foregoing, VehGro shall in no event be liable:

- on the grounds of an unsuccessful or non-timely delivery;

- for any data in brochures, catalogs, advertising materials, offers and such;

- in case of unaccountable defaults (force majeure);

- for business and / or consequential damages for whatever reason;

- caused by intent or gross negligence of employees;

- resulting from the loss of any data stored on magnetic information media;

- resulting from the use of a modem connected to the telephone network, including the loss of data, the alienation of data, the incorrect transmission of data, the corruption of data or other data remaining on open telephone lines.

9.4 If, in any event and in spite of the foregoing, VehGro is liable for any damage, VehGro accepts liability only to the extent that such liability is covered by its insurance and up to the amount paid by the insurance company.

9.5 If, in any case, the insurance company does not pay out, VehGro will never be liable for more than the invoice amount of the relevant agreement.

9.6 The customer will retain VehGro with regard to all third-party liability claims against VehGro.

9.7 The exclusions or limitations of liability stated in these conditions do not apply provided that the damage was caused by intent or gross negligence on the part of VehGro or its executive personnel.

 

ART. 10 Nonattributable failure

10.1 If, after the contract has come into effect, VehGro is unable to fulfill this contract due to circumstances which had not been reasonably foreseeable at the time of the conclusion of the contract, or which could not have been known to VehGro, this default on the part of VehGro is to be considered a nonattributable failure (force majeure) with regard to the customer.

10.2 The circumstances described in 10.1 include strike, governmental measures, delays in delivery, ban on exports, riots, war, mobilization, transport embargos, import barriers, negligence on the part of suppliers and / or manufacturers of VehGro as well as auxiliary personnel, sickness of staff, malfunctions concerning tools and means of transport, lock-outs or other interruptions of work; (extreme) price decline on the financial markets and incidents which VehGro cannot insure.

10.3 In the event of force majeure, VehGro has the right to postpone its obligations. VehGro is likewise entitled to terminate the agreement in whole or in part, or to demand that the subject of the agreement is adapted to allow execution. In no event, VehGro is liable to pay any fine or any damages. VehGro retains the right to remuneration of already performed services and incurred costs.

10.4 VehGro is not entitled to postponement, if delivery turns out to be permanently impossible or if the temporary difficulties in delivery exceed a period of more than six months. In such cases, the agreement may be resolved at the request of the first acting party without the customer being entitled to remuneration or any form of compensation.

 

ART. 11 Release

11.1 By law the customer is in default should the customer not meet his obligations towards VehGro as a whole, if he meets the obligations untimely or insufficiently or if he is filing or has filed for bankruptcy or if his bankruptcy is being or has been declared or if he applies for a moratorium or if he offers (a part of) his creditors an arrangement or an agreement, furthermore in the event of attachment of his assets or a part of his assets or if he decides to sell or liquidate his company as well as in case of death, deprivation of the right of decision or if he loses government of his company, of his personal matters or a part of them in any other way. In this case, any demand that VehGro has or receives at the expense of the customer shall be immediately and collectively enforceable without the need for a prior notice of default.

11.2 In the event of the aforementioned, VehGro has the right to suspend the further execution of the agreement or to dissolve it wholly or partly without any notice of default.

11.3 VehGro is at all times entitled to claims for compensation and to take back the delivered items.

11.4 Should the customer wish to dissolve the agreement, he will, in any event, give VehGro a written notice of default and grant VehGro a reasonable period of time to fulfill its obligations or to remedy any defects the customer has to outline meticulously in written form.

11.5 The customer has no right to dissolve the agreement in whole or in parts or to suspend his obligations if he is already in default with respect to his obligations.

11.6 In the case of partial termination of the agreement, the customer cannot claim any rescission of the services Vehgro has already delivered and VehGro has an unconditional right to remuneration of those already delivered services.

 

ART. 12 Website/ Web shop B2B VehGroshop

12.1 All images, sketches, data with regard to weights, measurements, colors etc., available on the website or in price lists and brochures, are only approximate and cannot give rise to claims for compensation and / or the termination of the contract.

12.2 All sketches, illustrations etc. VehGro created because of or during the order acc. to paragraph 12.1, remain the property of VehGro and may not be copied or reproduced in any other way, shown to third parties or used in any other way without explicit written consent.

 

ART. 13 Applicable law / responsible judge

13.1 Dutch law exclusively shall apply to all rights, obligations, offers, orders and agreements as well as to these General Terms and Conditions.

13.2 The Court of Arnhem (NL) shall deal with all disputes arising between VehGro and the customer, unless VehGro prefers to submit the dispute to the competent judge at the domicile of the customer except for those disputes which fall within the competence of the Dutch Cantonal Court.

13.3 These General Terms and Conditions in English language are a translation from the Dutch original. Despite careful examination, differences between the original and the English version may occur. In the case of any inconsistencies, translation errors or textual deviations, the original Dutch version shall always apply. No rights can be claimed on the basis of the English translation.

These General Terms and Conditions will be sent upon request. Please refer to:

VehGro B.V.
Telephone: +31 541 74 6030

support(at)vehgro.com

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