Terms of delivery
General Terms of Delivery and Payment Comm-Co BV. Registered at the Chamber of Commerce
in Terneuzen, file 21016667.
Article 1. Applicability
Our conditions apply to all our quotations and/or contacts between, on the one hand, Comm-Co
BV, hereinafter to be referred to as "Comm-Co" and, on the other hand, a buyer, hirer and/or
customer, hereinafter to be referred to as "the other party", regarding which Comm-Co has
expressly or tacitly declared that they apply insofar as the parties have not expressly deviated
from these conditions.
Article 2. Quotations
Quotations are completely without obligation unless otherwise determined in writing. Comm-Co
shall have the right to withdraw the offer within two working days after having received
acceptance confirmation should a quotation that explicitly states that the offer is without obligation
be accepted.
Article 3. Delivery
3.1 Unless otherwise agreed, delivery shall be ex works.
3.2 The other party is obliged to purchase the bought items when they are delivered to said party
and/or when they are made available to said party in accordance with the contract. If the other
party refuses the purchase or is negligent in issuing information or instructions that are required
for the delivery, the items shall be stored at the risk of the other party. The other party shall, in
such a case, be liable for all additional costs including, as a minimum, storage costs.
Article 4. The delivery date
An agreed delivery date is not a deadline unless expressly agreed otherwise. The other party
must, therefore, give Comm-Co notice of default in writing when delivery is not on time.
Article 5. Termination of the contract
The claims Comm-Co may have in relation to the other party are due and payable immediately in
the following cases:
- Should Comm-Co be made aware of circumstances after concluding the contract that give it
reasonable grounds to fear that the other party shall not meet said other party’s obligations;
- If Comm-Co has asked the other party to furnish security with regard to performance when the
contract was concluded and this security is not forthcoming and/or is insufficient.
Comm-Co shall be deemed authorised to suspend the further execution of the contract and/or to
dissolve the contract should the abovementioned cases arise without prejudice to the right of
Comm-Co to claim damages.
Article 6. Guarantee
6.1 Comm-Co guarantees that the items it supplies are free from design, material and production
errors during a period of twelve months after delivery based on the factory guarantee given to
Comm-Co.
6.2 If the items show a design, material or production error, the other party shall be deemed to
have the right to have the item repaired. Comm-Co may decide to have the item replaced should
repairing it be deemed to be difficult. The other party shall only be entitled to receive a
replacement if the item cannot be repaired.
6.3 Comm-Co shall be liable for damages that are a result of a defect in what Comm-Co has
delivered in accordance with article 11 (Liability).
6.4 The guarantee shall not be valid if the damage is the result of incorrect handling and/or
treatment.
Article 7. Title retention
7.1 The items delivered by Comm-Co shall remain the property of Comm-Co until the other party
has fulfilled all obligations listed below contained in any (sales) contract concluded with Comm-
Co:
- The consideration(s) in relation to the item/items delivered or to be delivered;
- Any claims due to non-compliance by the other party of the (sales) contract(s).
7.2 The items delivered by Comm-Co that fall under the title retention in accordance with
paragraph 1 may only be resold within the framework of normal business activities. For that
matter, the other party is not deemed to be entitled to pledge items or establish any other right
upon them.
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