GENERAL SALES-, DELIVERY- AND PAYMENT CONDITIONS
a. These General Sales-, Delivery- and Payment conditions are part of every agreement in which Verhees Textiles operates as a seller.
b. Other conditions are only part of this agreement if both parties, seller and buyer have come to a clear agreement.
a. The right to public, duplicate and edit designs from products of Verhees Textiles belongs exclusively to Verhees Textiles.
b. In case special drawings and/or templates of own design of the buyer or in order of the buyer need to be made for preparation of the production, the manufacturing will only be in command of Verhees Textiles. These costs will be for the buyer, regardless of a delivery order. The copyright of the designs will always stay to Verhees Textiles.
c. If both parties agree that a product according to a sample (exclusive pattern) is only being manufactured for one buyer and/or one order and/or a clearly determined area of distribution and/or a clearly determined time period, then the design will be free after a period of 3 months after manufacturing of the last order (or delivery) without having to ask permission of the buyer. As after these 3 months the buyer can’t claim the design anymore.
a. Claims on quality of the delivered goods have to be reported with a motivation within 30 days after receiving the fabrics. After this time period claims will not be accepted anymore.
b. After cutting, reaping, tearing and/or other ways of starting to process of the delivered goods, each claim will be excluded.
c. Claims cannot be presented against in this sector usually or technical failures that are not avoidable concerning deviations in the quality, length, weight, quality of patterns, etc.
d. Claims can only postpone the payment agreement, if a claim is validly and only for the amount of the goods of which a claim has been made.
e. Claims on missing amounts of meters will not be accepted, in case they are less than 2% of the total delivered amount of meters.
f. Because the fabrics are being used for many purposes, we at Verhees Textiles expect our customers to test the fabrics first before they start their production. It is therefore that Verhees Textiles does not accept to be hold responsible for any damage in case a customer does not do any tests.
g. All different types of colours need to be washed separately. Verhees Textiles will not accept any responsibility in case customers wash different colours together. In case a customer uses several colours in one garment, then customer is responsible for testing this in advance.
h. Customers need to accept up until 3 faults (max. 30cm over full width) per 1 roll of 50 meters without any compensation. For double folded pieces of 10-15 meter this will be a maximum of 1 fault.
i. Rolls / double folded pieces are allowed to consist of 1 or 2 pieces on 1 roll.
j. All knitted fabrics should relax 24 hours before cutting. We accept no claims for problems with the articles if it isn’t done.
4. RETURN CARGO
a. The return of deliveries are only permitted after the permission of Verhees Textiles and on the way that Verhees Textiles has agreed on.
b. The return of deliveries will only be at the expenses of Verhees Textiles in case of the in 3a mentioned conditions are being followed.
c. We are authorised to let the buyer pay for the return of deliveries, in case the buyer doesn’t want them on invalid reasons.
a. A payment needs to be settled within the on the invoice mentioned payment term.
b. In case ordered goods have been delivered under credit and the buyer does not pay the total amount of the invoice within the agreed period of time, the buyer has to pay an interest due to late payment of 1% per month on the indebted amount of money starting on the date of expiration of the payment term.
c. When a buyer after a payment reminder from Verhees Textiles still doesn’t settle the bill, Verhees Textiles is authorised to let the recovery be settled by a third party on account of the buyer.
6. OVERDUE PAYMENTS
a. Until total payment of the invoiced amounts, including charged interest, Verhees Textiles is not required to deliver goods from any existing order.
b. In case the buyer is too late with the settlement of the due invoice or in case his financial means decreases, Verhees Textiles will be authorised to ask for cash payment for existing orders before the delivery of those goods can take place.
7. FORCE MAJEURE
a. In case Verhees Textiles fails to deliver goods in time due to circumstances as strike, government measures, the not in time delivery from orders by our suppliers and/or other circumstances, that Verhees Textiles cannot influence, Verhees Textiles will be authorised to change the delivery date without having to pay any compensation to the buyer.
b. In case the above mentioned circumstances may occur and will delay the delivery of goods for more than 3 months, then both seller and buyer are authorised to cancel the order by written notification without judicial intervention.
8. RETENTION OF TITLE
a. Verhees Textiles will retain ownership of their goods, even if the goods are already delivered, until customer has settled the full payment of the invoice.
The buyer will pay for every damage of the goods and will protect us from every claim from third parties concerning a reimbursement in case:
a. The damage is due to incompetent use and/or incompetent storage of the delivered goods by the buyer and/or
b. The damage has been caused because the buyer didn’t handle by the instructions given by Verhees Textiles concerning the maintain of the quality and tenability and/or
c. The buyer did not store, transport or sell/deliver the goods in the original unchanged packaging of Verhees Textiles.
d. Goods will be shipped ex works. This means, Verhees Textiles is responsible for the goods until the goods
have left our warehouse. As a service we do often arrange the transport but the customer is responsible for any damages during the transportation. If the goods arrive extremely damaged or dirty, the customer needs to refuse the goods or make a note by the delivering transporter/ courier. Only in this case, Verhees Textiles can help the customer to make a claim at the transporter/courier.
The customer is responsible for the damage if they have signed for a correct delivery. Until the claim has been assessed, all invoices have to be paid for.
10. APPLICABLE LAW, COMPETENT JUDGE
On these conditions and further conditions, that will follow from these ones, the Dutch law will exclusively apply. Possible other discussion points shall be judged by the judge in ‘s-Hertogenbosch or the judge from the place of residence of the defendant.
11. PARTIALLY APPLICATION
In case any section from these General Sales-, Delivery- and Payment conditions on what ground so ever is not applicable, it will not exclude the other sections.
12. Opposite these General Sales-, Delivery- and Payments conditions all other conditions which are proposed by buyer on their letters, orders, delivery forms, invoices, etc. will be invalid and not binding for the seller.
13. These General Sales-, Delivery-, and Payment conditions are deposited by the chamber of commerce in ‘s-Hertogenbosch.
14. We sell on rolls, these rolls are about 50 meters. Our bolts are between 10-12 meters. Following deviations with delivery of more of less metres must be accepted;
1 to 3 rolls 20%
4 to 6 rolls 10%
7 to 10 rolls 5%
From 11 rolls 3%
We can only accept orders with a minimum quantity 40 meters.
Our prices our are based on ex works, 30 days net, provided that there is insurance (insurance can only be applied in case the first order is over €1.000,-). Otherwise shipment can only take place on the payment term Prepayment.