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GENERAL TERMS AND CONDITIONS
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Altisol Isolatie bv

Grote Waard 22

2675 BX Honselersdijk

Contactpersoon: Dhr. J. de Vreugd

 

Phone   : 0174 - 639595

Fax       : 0174 - 639590

E-mail   : info@altisol.nl

 

Article 1: Applicability

1.1. These Terms & Conditions apply to all tenders issued by members of VIB, to all agreements concluded by those members and to all agreements that may result therefrom.

1.2. The tendering party/supplier is the VIB member applying these Terms & Conditions, and is referred to as ‘the Supplier’. The counterparty is referred to as‘the Client’.

1.3. In the event of any conflicts between the substance of the agreement concluded between the Client and the Supplier on the one hand and these Terms & Conditions on the other, the provisions set out in the agreement have precedence.

1.4. These Terms & Conditions may only be used by members of VIB.

Article 2: Tenders

2.1. No obligations are attached to any tenders.

2.2. If the Client supplies the Supplier with data, drawings etc., the Supplier may rely on their accuracy and shall base the tender on that information.

2.3. All prices specified in the tender are based on delivery ex works, in accordance with the Incoterms 2000. Prices are stated exclusive of VAT and packing materials.

2.4. If the tender is not accepted, the Supplier is entitled to charge the Client for all costs incurred in order to submit the tender.

Article 3: Intellectual property rights

3.1. Unless agreed otherwise in writing, the Supplier retains the copyrights and all industrial property rights to all tenders, designed submitted, illustrations, drawings, trial models, programs, etc.

3.2. The rights listed in Article 3.1 remain the property of the Supplier, regardless of whether costs have been charged to the Client for their production. The relevant information may not be copied, used or shown to third parties without the Supplier’s explicit prior consent. The Client will be liable to pay the Supplier a penalty for each instance of violation of this provision, to the amount of € 25,000. This penalty may be demanded in addition to any compensation damages awarded by law.

3.3. The Client must return all data provided as meant in Article 3.1 on demand, within the period specified by the Supplier. If this provision is violated, the Client is liable to pay the Supplier a penalty of € 1,000 per day. This penalty may be demanded in addition to any compensation damages awarded by law.

Article 4: Advice, designs and materials

4.1. The Client cannot derive any rights from advice or information provided by the Supplier that has no direct bearing on the engagement.

4.2. The Client is responsible for all drawings, calculations and designs made by or on behalf of the Client, and for the functional suitability of all materials prescribed by or on behalf of the Client.

4.3. The Client indemnifies the Supplier for any claims from third parties arising in connection with the use of the drawings, calculations, designs, materials, samples, models, etc. provided by or on behalf of the Client.

4.4. The Client may examine (or arrange for the examination of) the materials that the Supplier intends to use before they are processed, at the Client’s own expense. Any damages incurred by the Supplier as a result are for the Client’s expense.

Article 5: Delivery times

5.1. The delivery deadline and/or work period stated by the Supplier are estimates.

5.2. In determining delivery deadlines and/or work periods, the Supplier assumes that the engagement can be carried out under the circumstances as they are known to the Supplier at that moment.

5.3. Delivery deadlines and/or work periods do not commence until the Parties have agreed on all commercial and technical details, all necessary data, final and approved drawings, etc. are in the Supplier’s possession, the payment or installment agreed has been received and the conditions necessary for the performance of the engagement have been met.

5.4. a. In the event of circumstances that are different to those known to the Supplier when the delivery deadline and/or work period were determined, the Supplier may extend the delivery deadline and/or work period by the time that is required in order to perform the engagement under those circumstances. If the work cannot be fitted into the Supplier’s work schedule, it will be carried out as soon as the Supplier’s schedule permits.

b. In the event of contract extras, the delivery deadline and/or work period will be extended by the time required to supply (or arrange for the supply of) the materials and parts necessary for those contract extras and to carry out the contract extras. If the contract extras cannot be fitted into the Supplier’s work schedule, they will be carried out as soon as the Supplier’s schedule permits.

c. In the event that the Supplier’s obligations are suspended, the delivery deadline and/or work period will be extended by the duration that the obligations are suspended. If resumption of the work cannot be fitted into the Supplier’s work schedule, the work will be carried out as soon as the Supplier’s schedule permits.

d. In the event of weather conditions that prevent work being carried out, the delivery deadline and/or work period will be extended by the resulting delay.

5.5. If the delivery deadline and/or work period agreed is exceeded, that circumstance does not in any instance entitle the Client to compensation for damages, unless agreed in writing.

Article 6: Transfer of risk

6.1. Deliveries are made ex works, in accordance with the Incoterms 2000; the risks attached to the object are transferred at the moment that the Supplier makes the object available to the Client.

6.2. The provisions of Article 6.1 notwithstanding, the Client and the Supplier may agree that the Supplier will arrange transport. The risks attached to the storage, loading, transport and unloading remain with the Client in such instances. The Client may take out insurance to cover those risks.

Article 7: Price changes

7.1. The Supplier may charge any increases in cost-determining factors that arise after the agreement is concluded to the Client if the performance of the agreement has not been completed at the moment of the increase.

7.2. The Client is obliged to pay the price increases as meant in Article 7.1 at the same time as the principal sum or the next installment is paid.

7.3. If the Client provides goods and the Supplier is prepared to use those goods, the Supplier may charge up to 20% of the market price of the goods provided.

Article 8: Impracticability of the engagement

8.1. The Supplier is entitled to suspend the fulfillment of any obligations if any circumstances that could not be foreseen when the agreement was concluded and that are beyond the Supplier’s influence temporarily prevent the fulfillment of those obligations.

8.2. Circumstances that the Supplier could not foresee and that are beyond the

Supplier’s influence are understood to include (but are not limited to) the circumstance that the Supplier’s own suppliers and/or subcontractors fail to meet their obligations, or fail to do so in time, the weather, earthquakes, fire, loss or theft of tools, the destruction of materials to be processed, road blocks, strikes or work stoppages and restrictions on import or trade.

8.3. The Supplier is no longer entitled to suspend the fulfillment of any obligations when the temporary impossibility of performance has lasted for more than six months. The agreement may not be dissolved until that term has lapsed, and only in respect of those obligations that have not been fulfilled. In that event, the Parties are not entitled to any compensation for damages incurred as a result of that dissolution.


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