GENERAL SALES-, DELIVERY- AND PAYMENT CONDITIONS

1. GENERAL

  1. These General Sales-, Delivery- and Payment conditions are part of every agreement in which Verhees Textiles B.V. operates as a seller.
  2. Other conditions are only part of this agreement if both parties, seller and buyer have come to a clear agreement.


2. ORDERS

  1. Purchases can be made in the Showroom located in Oss, via an agent/salesperson at your location or via the web shop.
  1. The minimum purchase per order is 40 metres, which may consist of several articles. This applies to purchases in the showroom as well as on the web shop.
  2. Access to the web shop can only be granted after registration via www.verheestextiles.com or via an agent/seller and the login details may not be disclosed to third parties. The buyer is responsible at all times for providing the correct company details.
  3. The buyer must inform Verhees Textiles B.V. in a timely manner of any changes in name/address or any other company details.

 

3. DESIGNS/ PATTERNS

  1. The right to public, duplicate and edit designs from products of Verhees Textiles B.V. belongs exclusively to Verhees Textiles B.V..
  2. 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 B.V.. These costs will be for the buyer, regardless of a delivery order. The copyright of the designs will always belong to Verhees Textiles B.V..
  3. 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

 

4. CLAIMS

  1. Claims on quality of the delivered goods have to be reported with a motivation within 30 days after receiving the fabrics. Claims must be submitted by e-mail: sales@verheestextiles.com and provided with clear pictures where multiple meters are shown, as well as detail photo’s. After this time period claims will not be accepted anymore.
  2. After cutting, reaping, tearing and/or other ways of starting to process of the delivered goods, each claim will be excluded.
  3. Claims cannot be made against in this sector common or technically unavoidable deviations concerning the quality, length, weight, quality of patterns, etc.
  4. Claims can only postpone the purchaser’s payment obligation, if the claim is justified by Verhees Textiles B.V. and only for the amount of the goods of which the claim has been made initially.
  5. Claims on lacking amounts of meters will not be accepted when they are less than 2% of the total delivered amount of meters. This is because these differences can already arise from differences in measurement methods.
  6. Because the fabrics are being used for many different purposes, Verhees Textiles B.V. requires customers to test the fabrics first before processing. Therefore, Verhees Textiles B.V. does not accept liability for any damage if the buyer has not tested the fabrics beforehand.
  7. All different types of colours need to be washed separately. Verhees Textiles B.V. 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.
  8. Buyers 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 10-12 meter this will be a maximum of 1 fault.
  9. Rolls / bolts may consist of a maximum of 2 pieces of fabric on 1 roll/ bolt.
  10. All knitted fabrics should rest for 24 hours before cutting. Verhees Textiles B.V. will not be liable for any damage to the articles if this did not occur.
  11. Return shipments are only permitted if Verhees Textiles B.V. has given its explicit prior consent.
  12. Return shipments will only be at the expense and risk of Verhees Textiles B.V. if the condition stated in article 4a has been fulfilled, these return shipments are made in a manner to be determined by Verhees Textiles B.V. and the claim is justified.
  13. Verhees Textiles B.V. is entitled to keep the returned goods, or to have them kept, at the buyer’s expense and risk if the goods have not been returned on the basis of a justified claim.
  14. Products that have been manufactured, processed or customised at special request of the customer cannot be returned if there have no defects been detected. When a product is exclusively manufactured for a buyer, but they buyer cannot accept any defects, Verhees Textiles B.V. is entitled to sell these goods as a batch in a country other than the country of the buyer. Goods will never be destroyed.
  15. Verhees Textiles B.V. sells fabric on rolls, which are about 50 meters. Other than that Verhees Textiles B.V. sells bolts ( double folded pieces) which are about 10-12 meters each. The following deviations must be accepted at all times.

        In quantity:

         1-3 rolls          20%

         4-6 rolls          10%

        7-10 rolls           5%

        + 11 rolls           3%

  16. If Verhees Textiles B.V. delivers a special production order for a buyer, deviations up to 20% in under-delivery and over-delivery must be accepted by the buyer.


5. PAYMENTS AND OVERDUE PAYMENTS

  1. Payments are required to be made within the period stated on the invoice.
  2. If we do not receive a valid VAT number for customers within the EU, 21% Dutch VAT will be charged.
  3. For orders over €1.000,- Verhees Textiles B.V. may apply for a credit insurance to deliver the goods to the buyer on credit. Verhees Textiles B.V. will bear the costs of this.
  4. If the credit insurance is approved, invoices will have a payment term of 30 days.
  5. If the buyer does not comply with Verhees Textiles B.V.'s stated term of payment, or if the credit insurance gives a negative advice to grant credit, Verhees Textiles B.V. will always retain the right to request payment prior to delivery in the future.
  6. In case ordered goods have been delivered on credit and the buyer has not paid the invoice in full within the  period stated on the invoice, the buyer shall be liable for late payment interest of 3% per month on the amount owed as from the date on which the period for payment expired.
  7. If, after a reminder from Verhees Textiles B.V., the buyer remains in default of fulfilling his payment obligations for a period of time determined by Verhees Textiles B.V., Verhees Textiles B.V. shall be entitled to have the payment collected by a third-party such as a debt collector at the expense of the buyer.
  8. Until full payment of the invoiced amounts, including charged interest, Verhees Textiles B.V. is not required to deliver goods from any existing order.
  9. If the buyer is late in paying past due invoices, or if his financial position deteriorates, Verhees Textiles B.V. shall be entitled to require cash payment for deliveries still outstanding from any current order.
  10. Verhees Textiles B.V. is obliged to report payment arrears to the credit insurance.

 

6. FORCE MAJEURE

 

  1. In the event that fulfilment of our delivery obligations cannot reasonably be required of Verhees Textiles B.V. due to strikes, government measures, late or improper execution of orders by suppliers and/or other circumstances which we cannot foresee and on which we have no influence, Verhees Textiles B.V. shall be entitles to suspend delivery for a reasonable period to be determined by Verhees Textiles B.V., without being obliged to pay any compensation.
  2. 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.


7. RETENTION OF TITLE

    Verhees Textiles B.V. will retain ownership of the goods delivered by Verhees Textiles B.V. until such time as the buyer has fulfilled all payment obligations towards Verhees Textiles B.V. on any account whatsoever.


8. LIABILITY

The buyer shall bear all damages and indemnify us against any third-party claims for compensation if and insofar as:

  1. The damage is due to incompetent use and/or incompetent storage of the delivered goods by the buyer and/or
  2. The damage has been caused because the buyer didn’t handle by the instructions given by Verhees Textiles B.V. concerning maintaining of the quality and tenability and/or
  3. The buyer did not store, transport or sell/deliver the goods in the original unchanged packaging of Verhees Textiles B.V..
  4. Goods will be shipped ex works. This means, Verhees Textiles B.V. is responsible for the goods until the goods have left the warehouse. As a service Verhees Textiles B.V. does often arrange the transport for the buyer but the buyer 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 transport company/ carrier. Only in this case, Verhees Textiles B.V. can  help the customer to make a claim at the transport company/ carrier. If this does not happen, the carriers will not accept any damage claims and the buyer will be responsible for any damage caused by signing for correct receipt. Claims concerning damage caused during transport must be reported to Verhees Textiles B.V. within 3 days at sales@verheestextiles.com supported by photographs. Until the claim has been assessed by the carrier, all invoices to Verhees Textiles must be paid.


9. APPLICABLE LAW, COMPETENT JUDGE

On these conditions and further conditions, that will follow from these ones, the Dutch law will exclusively apply. Possible other arising disputes shall be judged by the judge in ‘s-Hertogenbosch or the judge from the place of residence of the defendant.


10. 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.


11.

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.


12. These General Sales-, Delivery-, and Payment conditions are deposited by the chamber of commerce in ‘s-Hertogenbosch.

 

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