General conditions - H.O. Industries

1.1. These terms and conditions apply to all deliveries, sales, services and

other legal relationships made or entered into by HO Industries BV, hereinafter referred to

as "Seller", to or with a third party, hereinafter referred to as "Purchaser".

1.2. A general reference by the Buyer to other general terms and conditions does not lead to

their applicability. The applicability of any general terms and conditions of the Buyer

is expressly rejected by the Seller

1.3. Agreements in conflict with or in addition to these terms and conditions are only valid

if and insofar as they have been confirmed in writing by the Seller and then only

for the relevant transaction.

1.4. The Buyer does not act as a (commercial) agent or distributor of the Seller unless it

has been appointed as such by written agreement.

2.1. General offers or (price) quotations from the Seller in catalogues, brochures, etc.

are not binding on it and only serve as an invitation to

the Buyer to place an order. An individual quotation to the Buyer is only binding on the Seller

if it is made in writing and if the Buyer

accepts it in writing before the expiry date stated therein.

2.2. An agreement between the Buyer and the Seller is only concluded if and

insofar as the Seller accepts an order from the Buyer in writing or if

an order is carried out by the Seller, unless the Buyer proves by other means that

The Seller has fully and unconditionally accepted the Buyer's order. The seller

has the right not to accept orders or to accept them only under the

condition that the shipment takes place after payment in advance.

3.1. The agreed prices are exclusive of turnover tax and including normal

packaging costs.

3.2. Unless otherwise agreed,

a contribution to the order costs will be charged for orders with a net value of goods below €100.

3.3. If the Buyer is an entrepreneur established outside the Netherlands and the goods have to

be exported from the Netherlands (in the context of an inter-community delivery or

otherwise), the Buyer guarantees that it

is properly registered in the relevant country for the applicable turnover tax. Unless otherwise

agreed in writing, the Buyer indemnifies the Seller against damage as a result of invoices

are erroneously based on a zero rate.

3.4. Despite the great care with which catalogs and other e-mail communications have been compiled, the Seller cannot

accept any liability

for incorrect information or prices . The Buyer cannot

derive any obligations from the Seller from this.

4.1. Unless otherwise agreed in writing, delivery will take place behind the

first door, ground floor. This is based on an address that can be reached with a normal truck.  

place as mentioned above are for the account of the Buyer. The risk of the goods

transfers to the Buyer at the moment that the goods

are presented for receipt at the address specified by him.

4.2. The seller reserves the right to deliver and

invoice ordered goods in partial shipments.

4.3. Agreed or stated delivery times can never be regarded as fatal

term, unless expressly agreed otherwise.

4.4. The buyer is obliged to take receipt of the goods upon delivery. If the Buyer

does not take delivery of the goods to be delivered by the Seller, the goods will

be stored at his expense and risk. If the Buyer, despite the Seller's summons

, has not collected the goods within three months and at his own expense, the Seller has the right to sell the goods to third parties and

to hold the original Buyer liable for

any loss . The original Buyer is at all times obliged to reimburse the

costs of the aforementioned storage and the (additional) shipping and

handling costs incurred by the Seller.

5.1 The Seller reserves the ownership of all goods delivered or to be delivered to the Buyer under the agreement , until full payment of the consideration

owed by the Buyer to the Seller for the relevant goods or

work also performed or to be performed pursuant to such an agreement, as well as full

payment of claims for failure to comply with such

agreements.

5.2. The delivered goods can be resold or used by the Buyer in the context of its normal business operations, but cannot serve as

security, in whatever form (including pledging) of claims from

third parties.

5.3. At the Seller's first request, the Buyer undertakes

to establish an undisclosed pledge on all claims against third parties

as a result of the delivery to those third parties of goods subject to the retention of title referred to under 5.1 and then

to perform all actions required for this purpose. Any associated costs are for the account of the

Buyer.

6.1. Unless otherwise agreed in writing, payment for delivered goods

and/or services must be made to the (postal) bank account of the Seller as stated

on the invoice, or has been made known to the Buyer in any other way.

6.2. The buyer is not authorized to set off other than to which he

is entitled under the law.

6.3. Unless otherwise agreed, the Buyer pays the Seller the invoice amount

for goods and services delivered within fourteen days after the date of delivery

or services rendered.

6.4. If the payment term is exceeded, the Buyer is without

notice of default is required and he owes the statutory interest from the due date.

The Seller then also has the right to charge the Buyer any

extrajudicial and judicial (collection) costs that may be incurred by the Seller.

The latter are set at fifteen (15) percent of the amount due. All

this without prejudice to the Seller's other claims for reimbursement of costs and

compensation.

6.5. Payments made by the Buyer first serve to settle those claims

that the Seller may have against the Buyer in respect of which the Seller

has not made a retention of title, then to settle all interest and costs owed and

finally, for payment of due and payable invoices that have been outstanding the longest, all this

even if the Buyer states that the payment relates to