Purchase COnditions
By accepting the quotation you agree to these conditions.
Article 1. Product and price
1.1. Buyer is obliged to pay seller an amount, hereinafter referred to as “purchase price”, as accepted.
1.2. The accepted amount is deposited into account number NL50 ABNA0109 6054 89 in the name of Spa Firma BV
1.3. Buyer immediately pays a deposit of at least 30%. 1.4. The remaining (70%) amount must be paid 3 days before delivery.
Article 2. Transfer and delivery
2.1. The transfer and delivery of the product by seller to buyer will take place by delivery of the product to buyer, at a location made known by seller.
2.2. The transfer and delivery of the product must take place at the location as indicated on the invoice.
2.3. In the event of failure to meet its payment obligation, the buyer shall owe interest from the day after the payment date in the amount of the statutory interest as referred to and in accordance with Article 6:119 of the Dutch Civil Code.
2.4. Delivery is without installation and the buyer is responsible for the installation of the product. Unless explicit agreements have been made about this in writing.
2.5. If delivery is required, the product will be delivered to the door and must be brought in by the buyer himself.
Article 3. The seller’s obligations
3.1. Seller is obliged to transfer ownership of the product to buyer on the agreed date, including accessories.
3.2. Seller must guarantee that the items he delivers correspond to this agreement and thus meet the legal conformity requirements.
Article 4. The obligations of the buyer
4.1. The buyer is obliged to pay the remainder to the seller three days before the agreed time.
4.2. The buyer is obliged to collect the product or have it delivered within two weeks after the product is available.
4.3. If the buyer cannot collect or have the product delivered within two weeks, storage costs will be charged.
Article 5. Notice of default and termination
5.1 If one of the parties, after having been put in default, is or remains negligent for eight days in the fulfillment of one or
more of its obligations arising from this purchase agreement, the other party of the negligent party may sue the negligent party for this
terminate the purchase agreement without judicial intervention by means of a written statement to the negligent party.
5.2 If the buyer terminates the purchase agreement after a period of time, the negligent party will owe a fine
be thirty percent (30%) of the purchase price.
5.3 If the buyer is unable to take delivery for whatever reason, the amount of the down payment will be considered as payment of the penalty.
Article 6. Force Majeure
6.1. In the event of force majeure, the fulfillment by the seller and/or buyer of the obligations arising from this agreement shall be suspended in whole or in part for the duration of such force majeure, without the parties being liable to each other for any compensation in this respect. A case of force majeure shall be notified to the other party in writing, submitting the necessary evidence. 6.2. Force majeure in relation to this agreement shall also be understood to mean the failure or untimely fulfillment by a third party of the obligations that it has undertaken towards the seller or buyer.
6.3. If the force majeure situation persists for longer than 2 months, the other party shall have the right to terminate the agreement.
6.4. If the buyer terminates the purchase agreement after suspension, the defaulting party shall owe a fine
of thirty percent (30%) of the purchase price as stated in article 5.2.
Article 7. Liability
7.1. Seller guarantees that the product it supplies and delivers complies with this agreement and therefore meets the legal conformity requirements.
Article 8. Guarantees
8.1. There is a warranty period of 2 years after delivery date. During this period, the seller will repair all defects at his own expense insofar as they are attributable to material, construction or design errors. Damage due to incorrect use is not covered by the warranty.
8.2. The seller only provides a warranty on the product. Leaks in pipes due to installation are not covered by the warranty.
Article 9. Confidentiality
9.1. Buyer and seller undertake to maintain confidentiality with regard to all data or persons of the other party which they make use of in the performance of this agreement.
Article 10. Final provision
10.1. This agreement is governed by Dutch law.