Article 1. Applicability
1.1 These General Terms and Conditions of Sale apply to all quotations, offers and agreements whereby Concreet Hygiëne BV (hereinafter referred to as Concreet Hygiëne), under whatever trade or brand name, sells goods or provides advice.
1.2 Concreet Hygiëne expressly rejects the applicability of purchasing conditions. Concreet Hygiëne expressly rejects the applicability of purchasing conditions that deviate from these General Terms and Conditions of Sale. If the client refers to their own terms and conditions upon acceptance, and these terms and conditions would therefore apply, Concreet Hygiëne will not be bound.
1.3 If any provision of these terms and conditions is void, annulled, or becomes unenforceable, the remaining provisions of these terms and conditions will nevertheless remain in full force and effect. Furthermore, any such ineffective provision must be converted into an effective provision with the same meaning as closely as possible.
Article 2. Quotations
2.1 Quotations from Concreet Hygiëne are non-binding.
2.2 Unless otherwise stated, the quotation is valid for 30 days.
2.3 Orders are only binding once confirmed in writing by Concreet Hygiëne.
2.4 Concreet Hygiëne may withdraw the quotation up to eight days after acceptance by the client. In that case, neither party will be bound.
Article 3. Establishment
3.1 The agreement becomes irrevocable upon dispatch of the written order confirmation by Concreet Hygiëne, effective from the date thereof.
Article 4. Prices
4.1 The prices stated in the order confirmation are decisive.
4.2 Unless otherwise stated, all prices are exclusive of sales tax (VAT) and other taxes and levies imposed by the government.
4.3 Unless otherwise agreed, all products prices are exclusive of costs of storage and transport from the place of manufacture.
Article 5. Service Execution
5.1 Our personnel are trained, insured, and equipped according to industry safety standards.
5.2 The client must provide safe and reasonable access to the site.
53 Any delays or restrictions caused by the client may result in rescheduling or additional costs.
5.4 Concreet Hygiëne reserves the right to replace or reschedule staff when necessary to maintain service quality.
Article 6. Liability and Insurance
6.1 Concreet Hygiëne holds full liability and employer insurance coverage as required by law.
6.2 We are not liable for:
- Indirect or consequential damages,
- Damage resulting from incorrect information provided by the client,
- Normal wear and tear or pre-existing damage.
6.3 Any claim must be reported within 48 hours of the incident.
6.4 The client agrees to:
- Ensure a safe working environment free from hazards,
- Provide access to water, electricity, and waste disposal facilities,
- Comply with all health and safety requirements relevant to the site.
Article 7. Force Majeure
7.1 If the performance of the agreement for Concreet Hygiëne is prevented in whole or in part, permanently or temporarily, by force majeure, Concreet Hygiëne has the right to either:
- to terminate the agreement by means of written notice to the client for that part of the agreement that cannot be performed;
- by means of written notice to the client, suspend the performance of that part of those obligations that cannot be performed for as long as the impediment lasts.
7.2 Even after suspension, Concreet Hygiëne remains entitled to terminate the agreement in whole or in part on the grounds of force majeure.
7.3 Force majeure includes, but is not limited to: war, state of siege, riot, sabotage, natural disasters, government measures, fire, lockouts, strikes, lack of supplies and raw materials, shortage of labor, failure of energy and/or water supplies, traffic disruptions, breakage of machines and/or tools, failure in the execution of printing or varnishing that makes reprints necessary, unforeseen difficulties in the production of stamps and similar contingencies, as well as the failure of third parties to fulfill their obligations towards Concreet Hygiëne for whatever reason, without Concreet Hygiëne being required to demonstrate any influence of this on its business.
Article 8. Delivery
8.1 If no delivery time has been agreed, the client must take delivery of the goods within one month after written notice from the seller that the goods are ready for delivery.
8.2 Concreet Hygiëne is authorized to deliver in installments. In such cases, the client is each time liable for a proportional portion of the purchase price. Unless otherwise agreed, the client must take delivery of all goods no later than six months after the agreement takes effect, unless otherwise agreed in writing.
8.3 Unless expressly agreed otherwise in writing, the goods will be delivered to a location designated by Concreet Hygiëne.
8.4 Concreet Hygiëne is entitled to deliver the goods to a location other than that specified in 8.3, against reimbursement of any higher transport costs for the client, except in cases of force majeure.
8.5 Items sold from Concreet Hygiëne’s location are always at the client’s expense and risk. The client will always be considered the carrier in this regard, regardless of any other agreements to the contrary between the seller and third parties.
8.6 Concreet Hygiëne is not liable for any damage whatsoever that may arise directly or indirectly from exceeding the delivery term.
Article 9. Retention of title
9.1 Concreet Hygiëne reserves the ownership of delivered goods until the client has fully fulfilled all its obligations arising from agreements with Concreet Hygiëne within the meaning of Article 92 of Book 3 of the Dutch Civil Code.
Article 10. Payment
10.1 Place of payment is the office of Concreet Hygiëne. Client is authorized to pay by means of credit or deposit to a bank and/or giro account to be designated by Concreet Hygiëne.
10.2 Unless otherwise agreed, invoices must be paid by the client within 30 days of the invoice date.
10.3 The client is never entitled to withhold or offset.
10.4 Concreet Hygiëne is at all times entitled to request payment or security for any deviation from the agreement before the agreement is executed.
Article 11. Defective delivery/product liability
11.1 In the event of an attributable shortcoming on the part of Concreet Hygiëne, the client’s right to compensation will lapse.
- if the damage is not reported to Concreet Hygiëne in writing within one months of delivery and within one month of processing;
- If the client could have prevented damage by exercising reasonable care that could be expected of him.
11.2 The total compensation for damages will never exceed the invoice value of the items that proved to be defective.
Article 12. Complaints
12.1 The client must notify Concreet Hygiëne in writing and with proper details of any objections regarding the delivered goods not conforming to the agreement within one month of delivery. Concreet Hygiëne will not be liable if this period is exceeded. Upon request, the Client must immediately provide Concreet Hygiëne with all information reasonably relevant to determining liability and the extent of the damage, otherwise any claim for compensation will be forfeited.
12.2 Any right to compensation expires one year after delivery of the relevant items, if Concreet Hygiëne is not summoned before the competent court within that period.
Article 13 Non-compliance by client
13.1 The client shall be in default without any notice of default being required if he fails to pay on time in accordance with the provisions of Article 10.
13.2 Upon the occurrence of default, the entire purchase price is due and payable, including for items not yet delivered. In the event of default, the client is liable for all costs of (extra)judicial collection, in addition to compensation for statutory interest on trade receivables and other damages. These costs amount to a minimum of 15% of the invoice amount.
13.3 If the client is in default, Concreet Hygiëne is entitled to suspend the fulfillment of its obligations until the client has paid the full purchase price or has provided security for this.
13.4 In addition, Concreet Hygiëne is authorized to terminate the agreement extrajudicially by means of a written statement to the client, even if Concreet Hygiëne initially suspended its obligations. This does not affect Concreet Hygiëne’ right to full compensation for all damages.
Article 14. Advice
14.1 Concreet Hygiëne provides advice to the best of its knowledge. Any liability for, for example, the content, accuracy, or completeness thereof is excluded.
Article 15. Intellectual and industrial property rights
15.1 All intellectual property rights to drawings and models and/or trademarks, brand marks, or other designations designed by or on behalf of Concreet Hygiëne are and remain its property. The Client is obligated to respect these rights and to notify Concreet Hygiëne immediately of any infringement.
15.2 Client shall indemnify Concreet Hygiëne against all claims by third parties due to (alleged) infringement of copyright, patent and/or trademark rights or any other industrial and/or intellectual property right of those third parties.
Article 16. Applicable law, competent court
16.1 Dutch law applies to all agreements and their formation.
16.2 Disputes will be settled exclusively by the competent court for Harderwijk in the Zutphen District Court.