Terms and conditions Tradeworks BV
Registered office: Pluggematen 1, 8331 TV Steenwijk - the Netherlands
Chambre of Commerce number: 50489399
VAT identification number: NL822767600B01
Article 1 – Definitions
1.1 In these General Terms and Conditions, “Tradeworks” includes “Tradeworks BV” and the trade names “Airsus” and “Airsus Air-Suspension”.
1.2 In these General Terms and Conditions the other party is referred to as “Purchaser”.
Article 2 – Applicability
2.1 These General Terms and Conditions are part of, and apply to all offers and agreements and the performance of all agreements between Tradeworks and its purchasers.
2.2 Any stipulations made by the purchaser, including the purchaser’s standard conditions, only apply when Tradeworks has accepted them in writing.
Article 3 – Delivery period
3.1 The delivery period is understood to mean the time period stated in the order confirmation or offer, within which the product is to be dispatched, or has to be ready for dispatch. The delivery period indicated is approximate only and can never be regarded as a final deadline, unless otherwise expressly agreed in writing.
3.2 The purchaser is not entitled to compensation arising from a failure to meet the deadline for delivery, due to whatever cause.
3.3 If Tradeworks has obvious misgivings with regard to the payment capacity of the purchaser, Tradeworks is entitled to delay the delivery of goods until the purchaser has provided security for the payment. The purchaser is liable for any loss Tradeworks may suffer from this delayed delivery.
Article 4 – Force Majeure
4.1 Force Majeure is understood to mean any circumstance under which the performance of the agreement cannot reasonably be required from Tradeworks, including in any case strikes, interruption of work, government measures in the broadest sense, sabotage, accidents, transportation difficulties, lack of raw materials, energy or labour, and/or delays caused by suppliers, and other causes beyond Tradeworks’ control.
4.2 If Tradeworks cannot fulfil (part of) its obligation due to force majeure, it has the right to either suspend or terminate performance of the agreement at its option.
Article 5 – Payment and Collection
5.1 Payments have to be made within 8 days after the invoice date, without any reduction on whatever grounds.
5.2 Tradeworks has the right to deliver in parts. It then has the right to invoice the purchaser for each partial dispatch and to require payment for it.
5.3 Payments will be used to settle the oldest amount due and will then first be applied towards the payment of costs, next towards interest due and finally towards the principal and accrued interest.
5.4 In no event will the purchaser have the right to rely on compensation and/or set-off.
5.5 Tradeworks is at all times entitled to require security for the fulfilment of the purchaser’s obligations. If the purchaser does not provide the security required, Tradeworks reserves the right to suspend the performance of its obligations.
5.6 If the purchaser does not meet its obligations to pay in time, all other amounts due by the purchaser to Tradeworks are due on demand.
5.7 In case of overdue payment, the commercial interest rate is payable without prior notice of default. Any (collection) costs made by Tradeworks, both judicial and extrajudicial, are payable by the purchaser. The extrajudicial costs amount to 15% of the principal, with a minimum of €200.
Article 6 – Retention of Title
6.1 Tradeworks will remain the owner of all goods delivered to the purchaser, until the purchaser has paid all sums due to Tradeworks in full. The purchaser is fully liable for any damage to goods owned by Tradeworks.
6.2 Tradeworks is entitled and/or will be irrevocably authorized to repossess its goods when the purchaser does not, or not in time, comply with its payment obligations, without notice of default or judicial intervention being required.
6.3 If third parties seize goods delivered under retention of title or wish to establish or assert rights thereon, the buyer is obliged to notify Tradeworks immediately.
6.4 Purchaser is obliged to insure the goods delivered to the purchaser under retention of title and to keep them insured against fire, explosion and water damage, as well as theft, and to make the policy of this insurance available for inspection at the first request of Tradeworks. In case of payment of the insurance, Tradeworks is entitled to these tokens.
Article 7 – Guarantee and Liability
7.1 If, after actual delivery, goods manufactured and/or supplied by Tradeworks are defective/faulty, the purchaser is obliged to inform Tradeworks in writing within three days after delivery. The purchaser loses its right of recovery against Tradeworks if it fails to do so within the three-day term.
7.2 Tradeworks provides a two-year guarantee on new air suspension parts and a one-year guarantee on air spring bellows and reconditioned parts, unless otherwise agreed in writing. Defects due to incorrect use, incorrect installation or due to leakage in the air suspension system are not under guarantee. The guarantee is non-transferable.
7.3 If Tradeworks has determined that the purchaser’s claim is justified, Tradeworks’ liability is limited to repairing faulty goods free of charge, or replacing the product or part of it at Tradeworks’ sole discretion. Tradeworks is not liable for any loss or damage arising from replacing or repairing the goods.
7.4 In no event will Tradeworks be liable for any loss or damage, including consequential damage or loss, directly or indirectly caused by its goods or any loss or damage whatsoever, including loss of profits, loss or damage suffered by the purchaser and/or staff and/or third parties, unless this loss or damage was caused by Tradeworks’ intentional act or gross negligence, in which case Tradeworks shall in no event be liable for damages higher than an amount equal to the selling price of the product concerned with a maximum of €10,000.
7.5 In no event will Tradeworks be liable for direct or indirect loss or damage of whatever kind, caused by its staff.
7.6 Purchaser is obliged to indemnify Tradeworks against all possible claims by third parties in and out of court.
7.7 If Tradeworks has established that the buyer has correctly submitted a complaint, Tradeworks's liability is limited to the free repair of a defective product or to replacement of the product or of a part thereof, all at the discretion of Tradeworks. Replaced parts become the property of Tradeworks.
7.8 Tradeworks shall never be liable for any damage, including consequential loss, caused directly or indirectly by its products or any damage whatsoever, including assembly and dismantling costs, any downtime, trading loss, damage suffered by the buyer and / or staff members and / or third parties, unless this damage is caused by intent or gross negligence of Tradeworks, in which case Tradeworks will never be obliged to pay a higher compensation than an amount equal to the selling price of the relevant product with a maximum of € 10,000.
7.9 Tradeworks is never liable for direct or indirect damage, of whatever nature, caused by its personnel.
7.10 Tradeworks is only obliged to provide any warranty services after having received the defective product. Return of the defective products will be sent to Tradeworks on behalf of the buyer. The costs for shipping the repaired or new product to the buyer are for the account of Tradeworks within the EU.
7.11 The Buyer is obliged to fully indemnify Tradeworks, both in and out of court, from any claim by third parties.
Article 8 – Withdrawal
8.1 You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us
NL-8331 TV Steenwijk - Netherlands
Fax: +31 (0)521 700 211
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
8.2 Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Article 9 – Termination
9.1 Notwithstanding the other provisions, Tradeworks is entitled to terminate the agreement without court intervention and/or notice of default at the time the purchaser is declared bankrupt and/or bankruptcy has been filed for, a provisional suspension of payments has been applied for, or when through attachment, guardianship order or otherwise has lost power of disposition of (part of) its assets, or a takeover by third parties, notwithstanding the entitlement to full or partial damages.
Article 10 – Applicable Law and Disputes
10.1 Dutch law will be applicable on conclusion and/or content and effectuation of the agreement.
10.2 In case the court is competent, any dispute will be submitted to the competent court of Tradeworks’ place of business. However, Tradeworks retains the authority to summon the purchaser to appear for the court which has jurisdiction according to the law or applicable international treaty.
Article 11 – Information about online dispute resolution11.1 The EU Commission provides on its website the following link to the ODR platform: http://ec.europa.eu/consumers/odr.
The trader is neither obliged nor prepared to attend a dispute settlement procedure before an alternative resolution entity. This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
(If you wish to withdraw the contract of sale, please fill in the form and send it back to us)
I/we(*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods:
- Ordered on / received on (*): __________________________
- Name of consumer(s): __________________________
- Address of consumer(s) : __________________________
- Signature of consumer(s)
(only if this form is notified on paper): __________________________
- Date: __________________________
(*) Delete as appropriate.