Terms of payment and delivery.
§ 1 General area of validity.
Asian Products", "Toko Filipino" and "Filipino
Store" are trade names of "Gerritsen Dienstverlening". The company
Gerritsen Dienstverlening exclusively supplies
on the basis of these general terms of delivery and payment. By purchasing goods
delivered by Gerritsen Dienstverlening, the purchaser implicitly acknowledges
these general terms of delivery and payment as the basis of business contracts
with Gerritsen Dienstverlening.
§ 2 Terms of delivery.
1. If the stated time of delivery is –
exceptionally - exceeded, the purchaser can withdraw from the sales contract
after a respite of 14 days, except in the cases mentioned in § 2.2 en § 2.3.
The right to damages for a possible delay disadvantage is ruled out. The
purchaser can, in addition to cancelling the contract, only require a recovery
of damages if the non delivery is intentional or caused by accountable
negligence of the company Gerritsen Dienstverlening.
Delays as a result of natural disasters and circumstances beyond one’s control
or other unforeseeable, unusual events, for which Gerritsen Dienstverlening is not accountable, do not entitle the purchaser to cancel the purchase or to
require a recovery of damages.
company Gerritsen Dienstverlening fulfils its obligation of delivery in Loo (NL). If - on request of the purchaser - an agreement has been made to
deliver the goods at the purchaser’s address, this will be - without exception
- at the expense and risk of the purchaser.
§ 3 Indemnification from claims
1. The purchaser’s rights to claim imply that
the purchaser fulfils his obligation of investigation and reprimand according to
§§ 377, 378 of the commercial code.
The purchaser is obligated to check the delivered goods immediately after
receipt concerning the type and quantity ordered. Claims have to be made in
writing immediately after receipt using the complaints form available at
Complaints about non-visible deficiencies can only be reported up to 7 days
after delivery. The claim must be made in writing. The purchaser has the right
to a substitute delivery or a credit note. The purchaser has no further claims
on grounds of poor supply.
special cases are accepted up to 1 month from the invoice date, however, these
§ 4 Terms of payment
Unless otherwise agreed, the
purchaser has to make sure that the invoice amount is booked on the account
number of Gerritsen Dienstverlening according to the supplied terms of
payment. If this payment is not made within
the stated time, the company Gerritsen Dienstverlening may require a payment
of interest from the purchaser from the next day on grounds of delayed payment.
Alternatively, the company Gerritsen Dienstverlening has the right to
re-claim the goods and claim a recovery of damages.
§ 5 Transfer of property
1. Gerritsen Dienstverlening reserves the
transfer of property until all goods received have been paid for by the
purchaser. Until the complete payment has been made, the purchaser stands surety
for any loss or damage of the goods of which Gerritsen Dienstverlening reserves
the transfer of property.
2. The purchaser has the right
to sell the goods of which Gerritsen Dienstverlening reserves the
transfer of property in line with his usual business activities. The
purchaser will hand over his claim on the purchase price to Gerritsen
to the amount of the arrears of payment.
The company Gerritsen Dienstverlening can withdraw the right that is
given in § 5.2 if the purchaser does not meet the terms established in §
4. However, the purchaser can require the release of part of the goods of
which Gerritsen Dienstverlening reserves the transfer of property, as far
as the remaining nominal value of the goods of which Gerritsen
Dienstverlening reserves the ownership reaches 130 % of the receivables of
In case a third party claims the goods of
which Gerritsen Dienstverlening reserves the ownership, the purchaser has to
inform Gerritsen Dienstverlening immediately. Furthermore, the purchaser must
object to a confiscation of the goods of which Gerritsen Dienstverlening reserves the transfer of property, by informing the bailiff and the third party
of the existing ownership reservation. If the third party will not indemnify
possible judicial and extrajudicial costs, the purchaser will be liable,
according to § 771 ZPO, for the resulting loss.
§ 6 Business Related Documents
Gerritsen Dienstverlening reserves the
ownership and copy-right of all supplied documents such as catalogues, offers
and price-lists. These documents may not be passed on to third parties without
explicit permission of Gerritsen Dienstverlening
§ 7 Return of pallets, Tofu- and
The purchaser has to return empty
pallets and crates to Gerritsen Dienstverlening immediately and free of
charge. In a continuous business relationship this will happen by returning the
empties with the next delivery. A continuous business relationship means that
the purchaser orders at least once every 4 weeks at Gerritsen Dienstverlening If, after this period, the empty pallets and crates have not been returned, they
will be charged to the purchaser.
§ 8 Place of operation and delivery
/ authorized court of law
the deliveries the Dutch right is exclusively applicable. The place of operation
and delivery is Loo (NL).
The authorized court of law for judicial controversies flowing from deliveries
is the district court of Arnhem (NL).