- The following general business conditions are meant for the business relation between Euro Nutrador B.V. and the customer exclusively in the form guilty at date of order. These General Business Conditions are valid for the dispatch within Europe. Special conditions are valid for deliveries into countries outside of Europe. These conditions are delivered on request.
- The offers, deliveries and services are based on these conditions. They are valid also for all future business relations even if they are not arranged again explicitly. Contrary confirms of the customer under indication of his business and purchase conditions are herewith contradicted to.
- Divergences are only effective if the seller confirms them in writing.
- All orders are subjected to
- All illustrations, names, descriptions and specifications represent the state of this date. Inessential deviations and technical changes of pictures, descriptions and specifications of the products ordered are possible and do not represent any lack in the sense of the purchase law.
Goods on stock are dispatched within two working days. Euro Nutrador B.V is not to be held responsible for delays during the further transport. If a product is not on stock, Euro Nutrador B.V. will go to a lot of effort to procure and to deliver the products as soon as possible. If products cannot be supplied or results cannot be produced due to force majeure, labour disputes, industrial action, unforeseeable difficulties or other circumstances, which Euro Nutrador B.V. does not appear for, the delivery period extends in an adequate extent. In case of noncompliance with the delivery period due to other reasons than the ones mentioned above the customer is authorized to fix an adequate final deadline including a refusal threat in writing. If this extended final date passed without delivery or service the customer may withdraw from the contract. If delivery delays due to inability of the manufacturer or the subcontractor of Euro Nutrador B.V., so both Euro Nutrador B.V. and the customer can resign of the contract if the agreed delivery date is exceeded more than two months.
§ 4 Price/Payment
- All prices include value-added tax.
- Prices are due as soon as products are dispatched. The purchase price contains purchase sum, dispatch charges and COD charges.
- Bills are to be paid for on delivery. Transfers are possible immediately after receipt without any discounts onto one of the accounts of Euro Nutrador B.V.
- Delivery ex warehouse of Euro Nutrador B.V.
- With the delivery of the contract object onto the person carrying out the transportation the danger of the accidental downfall passes on the customer.
- Part delivery is permissible as long as it is not expecting too much of the customer. Part deliveries are regarded as independend deliveries.
- Dispatch and delivery are at cost of the customer.
- Euro Nutrador B.V. makes an effort to keep all indicated deadlines. If it gets behind, the customer can resign according to the legal specifications of the contract.
- The customer can only demand compensation because of non-fulfilment if the vendor or his fulfilment assistants have caused the damage deliberately or gross negligently.
- The expanded liability in accordance with § 287 BGB is herewith excluded.
- The above restrictions of liability do not concern damages from the injury of life, body and health.
A right of the customer to balance the costs out is only given if Euro Nutrador B.V. explicitly recognized counter-claims in writing.
§ 7 Proviso of Ownership
The products remain property of Euro Nutrador B.V. until deliveries are paid completely. If goods are partly delivered, products remain property of Euro Nutrador B.V. up to the fulfilment of all claims to the customer.
The customer is obliged, to give information about the whereabouts of the products under proviso of ownership on request of Euro Nutrador B.V at any time.
The customer is entitled to sell products under proviso of ownership within his regular business, provided that it is guaranteed, that the demands resulting from the sales contract are passed over to Euro Nutrador B.V. In addition to this, the customer does not have any rights on the goods under proviso of ownership; in particular he must not pledge nor debit the products nor leave them on behalf of third parties. As long as the customer pays his bills properly, he is authorized to confiscate resigned demands of Euro Nutrador B.V. by reselling the bought products on account of Euro Nutrador B.V. subject to revocation.
§ 8 Guarantee
If the product show lacks in the sense of § 434 BGB, Euro Nutrador B.V substitutes or improves. Multiple repairs at a later stage are permissible. If also the third repair at a later stage fails, however, the customer may claim the legal warranty.
The customer is obliged, to examine the supplied products immediately after arrival. If there is a lack, he has to inform Euro Nutrador B.V. about it in writing within 8 days. Concealed lacks which can not be detected also in case of careful examination, are to be told to Euro Nutrador B.V. in writing within 8 days after discovery.
If operating instructions or stock instructions are not followed, or if changes at the products are carried out or if parts are transposed, every guarantee will be dropped, provided that the customer does not verify that no causal connection exists with the fault complained.
If it should put out in case of processing a customer's complaint that there is not any guarantee case, Euro Nutrador B.V reserves the right to invoice all pending costs to this date into account of the customer.
§ 9 Exclusion of Liability
Euro Nutrador B.V. excludes the liability for negligent breaches of duty, provided that these are neither contract-essential duties, nor damages from the injury of life, body or health or assurances concern, nor osculated claims according to the product liability law. The same is valid for breaches of duty by fulfilment assistants of Euro Nutrador B.V..
Euro Nutrador B.V. only sticks for damages at the product itself. Further claims of the customer are excluded, no matter from which right they resemble. In case of absence of an important quality guaranteed or with intention or coarse negligence of Euro Nutrador B.V. this exclusion of liability is not valid. A liability for consequential damages is excluded.
§ 10 Data Protection
The customer knows and he agrees to that, that his personal dates, which are necessary handling the order and delivery are stored on data mediums. He agrees explicitly with the survey, processing and use of his personal dates. The customer may revoke this consent at any time with effect for the future. Euro Nutrador B.V. obliges for immediate deletion of the personal dates, except ordering proceedings are not executed completely.
§ 11 Legal Domicile, Place of Fulfilment and Partial Effectiveness
Place of fulfilment for all obligations from the contractual relationship is the headquarter of Euro Nutrador B.V. in the Netherlands. If the customer is trader, entrepreneur, legal person of the public right or a publicly legal special fortune, any disputes arising herunder will be settled before a competent Heerlen court of law.
