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Terms and Conditions
1.1 These general conditions apply to all our offers and to all agreements entered into by us, however named.
1.2 Deviations from the provisions of these general terms and conditions may be made only and exclusively if and to the extent expressly agreed upon in writing.
1.3 Where these general conditions refer to "delivery (of goods)", this also includes the performance of services and work of any kind.
1.4 A customer is defined as any natural or legal person who supplies Goliad B.V... issues an order, wishes to buy or purchase goods from it, or wishes to make or enter into any agreement of another nature with it.
2.1 All our quotations are without obligation and should be regarded as invitations to the potential customer to make an offer. They therefore do not bind us in any way, unless the offer itself expressly and unambiguously (in writing) provides otherwise. The order given to us is considered an offer, which is deemed to be accepted by us only after written confirmation on our part (the so-called order confirmation).. Offer validity period, unless otherwise stated, is 30 days.
2.2 Normal/usual tolerances relating to color, gloss, dullness, weight, size, quality, hardness, thickness, etc. apply to all goods offered.
2.3 If the contrary is not expressly stated by Goliad B.V... is confirmed, the quoted prices never include transportation or shipping costs..
2.4 All prices quoted are based on delivery of Goliad B.V... usable digital files as indicated at the offer stage.
3. COMPLETION OF CONTRACT
3.1 A contract with us is established only when we have accepted an order given to us in writing or by email. An agreement is deemed established at the time we send the order confirmation.
3.2 The customer is bound by his order, in whatever form given to us, after the date of the order or (if it is an orally given order) after giving the order.
3.3 Changes in the execution of an order which are still desired by the customer after an order has been given must be made by the customer to Goliad B.V.. in writing and/or by telephone in good time, with a view to our prompt processing of the order.. have been notified. If the customer changes or cancels the order given and Goliad B.V... accepted in writing, he is obliged to Goliad B.V... Reimburse all costs reasonably incurred in carrying out this assignment.
4. DELIVERY AND DELIVERY TERMS
4.1 The delivery times specified by us shall commence on the day on which the order confirmation is made.. The delivery times specified by us will never be regarded as deadlines, unless expressly agreed otherwise in the individual agreement..
4.2 Exceeding the delivery time mentioned in the offer does not lead to liability on the part of Goliad B.V... and is not grounds for rescission of the agreement. Goliad B.V.. is not responsible for delays in transportation.
5.1. The customer guarantees the accuracy and completeness of, and is responsible for, the data he has provided to us. The customer must take into account the usual tolerances and minor changes in the goods delivered by us, where the data, measurements, color fastness and the like provided by us in our quotation are concerned.. The goods delivered by us may therefore deviate from the description in the order if and insofar as it concerns minor dimensional differences and subordinate changes.
5.2 Customer complaints, which relate to defects in items that are externally observable, must be brought to our attention by the customer within 5 working days of delivery. This should be done in writing and/or by telephone with a clear accurate description of the complaint and specifying the invoice, with which the items in question were invoiced. Customer must perform careful and timely monitoring.
5.3 After evaluating the complaint, Goliad B.V.. retains. reserves the right to require the customer to return the goods about which there are complaints.
5.4 If the customer repairs the complaint themselves or through a third party, all liability of Goliad B.V.. shall lapse... Goliad B.V.. is furthermore not liable for the cost of repairs carried out by the customer himself or by third parties.
5.5 Any right of action of the customer against us relating to defects in the goods delivered by us shall lapse if:
a. the defects have not been brought to our attention within the time limit and/or in the manner specified therein;
b. the customer does not/not sufficiently cooperate with us regarding an investigation of the merits of the complaints;
c. the customer has not properly set up, handled, used, stored, or maintained the items or has used or handled the items under conditions or for purposes other than those provided by us.
6.1 Goliad B.V... Is never liable for consequential damages in the broadest sense of the word.
6.1 In the event of complaints, if the merits of the complaint, concerning the quality, are determined by us, we are only obliged to do so at our discretion:
a. (kosteloos) herstel van gebreken;
b. delivery of replacement items c.q.. parts, after receiving back the defective goods or parts.. onderdelen;
c. terugbetaling van de ontvangen koopsom/creditering van de aan de klant gezonden factuur met ontbinding zonder rechtelijke tussenkomst van de gesloten overeenkomst, alles voor zover de koopsom, de factuur en de overeenkomst op de geleverde gebrekkige zaken betrekking hebben;
d. an indemnity to be paid by agreement with the customer in a form other than that referred to above.
6.2 In case of installation performed by us, 12 months storm damage warranty applies, unless otherwise agreed upon. Definition of storm: a wind with a speed of at least fourteen meters per second (wind force 7 or higher).
a. neerslag, schade door regen, sneeuw, hagel;
b. storm with an average wind speed of 100 km/h measured over 10 minutes with gusts exceeding 110 km/h.
This warranty covers any damage that may be incurred as a result of storms (blowing up, leaning, etc.) Damage is covered under warranty if contact is made within 48 hours after the storm subsides.
6.2 If the customer has carried out repairs and/or alterations to the items without prior, express and written consent, any warranty obligation on our part shall lapse..
6.3 The customer is not entitled to return the items about which there is no justified complaint. Should this nonetheless occur without valid reasons, all costs associated with return shipment shall be borne by the buyer. We are in that case free to store the items under third parties at the customer's expense and risk.
7. RETENTION OF TITLE
7.1 Items delivered by us remain our property until the moment of full payment of all that the customer owes us on account of, in connection with or arising from the items delivered by us.. If we deem it necessary, we have the right to demand security from the buyer regarding the fulfillment of his obligations.
7.2 Goliad B.V... has the right to reclaim these goods, if not paid within 60 days of the invoice date. This does not release the customer from the obligation to pay damages and loss of profits to Goliad B.V...
7.3 If Goliad B.V... invoke its retention of title, it shall never be liable to the customer for any damage suffered by the customer as a result, such as (but not limited to) storage costs and repair costs.
8.1 Payment shall be made in Euro, unless otherwise agreed, by transfer to a bank account designated by us. Immediately after delivery of the relevant items, or at least within 31 days of the invoice date, all unless otherwise expressly agreed in writing. When paying by bank, the day of crediting our bank account is considered the day of payment.
8.2 If the customer fails to make (full) payment on time, he will be in default without further notice of default being required. We shall then be entitled, if there is a sufficient connection to the customer's non-performance, to suspend the performance of all our obligations to the customer, without prejudice to all our rights under common law.
8.3 If the customer remains in default of timely payment, he forfeits to us, without further notice from us, from the due date until the day of payment in full, an interest equal to the legal interest rate plus 4% per year, calculated on the unpaid amount, which interest is payable immediately without further notice of default. All costs involved in the collection of invoiced amounts (including extrajudicial collection costs) shall be borne by the debtor. The extrajudicial collection costs are at least 15% of the principal amount with a minimum of € 50, - all excluding sales tax.
9. WARRANTY PROVISIONS
9.1 Goliad B.V... guarantees the consistent, agreed-upon quality of the products delivered. For any defects, to the extent they come to light within 12 months of the date of delivery to the end customer, and are not the result of improper use, Goliad B.V.. will. bear the cost of repair or replacement;
9.2 The customer must provide Goliad B.V... in all cases provide an opportunity to correct any defect;
9.3 The customer can only invoke a warranty after it has fulfilled its obligations to Goliad B.V.. within the set limits.. has fulfilled.
Force majeure is to be understood as any circumstance beyond our control that is of such a nature that compliance with the agreement cannot reasonably be required of us (non-attributable failure to perform). Force majeure shall include: war, riots and hostilities of any kind, blockade, boycott, natural disasters, epidemics, lack of raw materials, hindrance and interruption of transportation facilities, disruptions in our business, import and export restrictions or bans, impediments caused by measures, laws or decisions of international, national and regional (governmental) bodies. If, due to force majeure, we are unable to fulfill our delivery obligation, properly or on time, we are entitled to regard the agreement or the part not yet fulfilled as dissolved, or to suspend it for a definite or indefinite period of time, at our discretion. In the event of force majeure, the buyer cannot claim damages from us.
11. APPLICABLE LAW
The offers made by us and all agreements entered into by us are governed exclusively by Dutch law.
12. DISPUTE RESOLUTION
All disputes of any kind relating to/resulting from agreements entered into by us and deliveries made by us shall be adjudicated by the competent court in the Netherlands.