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Montakon B.V. | Titaniumlaan 120 | 5221 CL ’s-Hertogenbosch | The Netherlands
+31 (0)73 599 6000 | [email protected] | Chamber of Commerce number 11030873
1.1 These conditions apply to all our offers, all contracts of sale and purchase with us and deliveries with non-consumers.
1.2 Applicability of general conditions of the buyer is, unless explicitly agreed in writing, rejected.
1.3 The buyer cannot derive any rights from any agreed deviations from the applicability of these conditions to a specific agreement for future agreements.
1.4 In addition to these Terms and Conditions, all terms and conditions and instructions of Montakon's suppliers in relation to the goods sold and/or delivered shall also apply, insofar as they are not contrary to these General Terms and Conditions and insofar as Montakon has informed the Buyer of them.
2.1 All offers are without obligation, unless otherwise agreed in writing.
2.2 The agreement shall come into effect when the Buyer places an order. The prices and terms stated by Montakon at that time shall be binding, subject to printing errors and price or model references.
2.3 The Buyer is obliged to provide Montakon with all information which it knows or ought to know is necessary for the performance of the order in a timely manner. The Buyer warrants the accuracy of the information it provides.
3.1 Deviations from these Terms and Conditions of Sale and amendments to the purchase agreement that are not covered by Article 3.2 will only be effective if they have been explicitly confirmed by Montakon in writing.
3.2 As long as the agreement has not yet been fully complied with, Montakon shall be entitled to cancel it without owing any compensation. Montakon will then inform the Buyer of this as soon as possible.
4.1 All prices are exclusive of packaging and transport costs and exclusive of VAT/TVA and other government taxes and/or levies in the broadest sense of the word.
4.2 Montakon's prices are based on normal, unimpeded transport. Additional costs incurred due to incomplete loading, blockage of transport routes or other unforeseen causes shall be borne by the buyer.
4.3 Montakon's price list is always without obligation and may be subject to change.
4.4 Minimum order value
For orders via phone or e-mail, we apply a minimum order value of €100 (excluding VAT). For orders via the webshop, the minimum order value is €50 (excluding VAT). For orders lower than the minimum order value, the order will be topped up to the minimum order amount with a maximum of €30.
4.5 Packaging costs
For orders with a net order value of €2,500 or less, we charge a packaging fee. These charges are €3.00 per box, €10.00 per pallet, €10.00 for length goods and €40.00 per tube box.
4.6 Transport costs
Shipping costs within the Netherlands
For orders with a net order value of € 227 or less, we charge shipping costs. If it is a standard parcel shipment (up to 31.5 kg) within the Netherlands, these costs are €15 per order. For longitudinal transport (>1.5 metres), we determine the freight costs in consultation.
Shipping costs outside the Netherlands
Shipping costs for orders to a location outside the Netherlands are exworks and on request.
5.1 Unless agreed otherwise in writing, payment shall be made within 30 days of the invoice date, without setoff or suspension.
5.2 In the event of an initial delivery, the Buyer shall pay in advance.
5.3 If Montakon receives a negative advice from its credit insurance company with regard to the invoice amount of the agreement with the Buyer, Montakon shall be entitled to cancel the agreement or postpone the delivery until the Buyer has made full prepayment.
In the event of late payment, the Buyer shall be in default by operation of law, and Montakon shall be entitled to charge the Buyer interest of 1% per month on the amount due. Any discounts granted or yet to be granted to the Buyer on account of early payment shall lapse if any payment term is exceeded.
5.5 In addition to the provisions of Article 5.5 above, the Buyer shall bear all judicial and extrajudicial costs incurred by Montakon for the purpose of collecting the amounts owed to it by the Buyer.
5.6 Non-compliance by the Buyer with any payment obligation shall by operation of law result in all amounts payable by the Buyer to Montakon on any basis whatsoever becoming immediately due and payable.
5.7 Non-compliance by the buyer with any payment obligation will entitle Montakon to suspend or cancel any subsequent deliveries.
5.8 Montakon reserves the right at all times to demand payment (in cash) in advance, or to demand that the purchaser provide security for the fulfilment of its obligations in a manner acceptable to Montakon.
5.9 Payment must be made in the currency in which the debt is stated in the written agreement and the invoice. If there has been a decrease in the exchange rate for the relevant currency between the date on which payment should have been made and the date on which payment is received, Montakon shall be entitled to charge the Purchaser for this difference in exchange rate.
6.1 All products delivered by Montakon in the context of the agreement shall remain the property of Montakon until the Buyer has complied with all claims - including in any case those referred to in Section 3:92(2) of the Dutch Civil Code - that Montakon has or will acquire.
6.2 The Buyer may not resell any products delivered by Montakon and may never use them as a means of payment, except in the ordinary course of its business. The Buyer is not authorised to pledge or otherwise encumber the goods that are subject to retention of title.
6.3 If third parties levy attachment on the products delivered subject to retention of title or wish to create or enforce rights in respect of same, the Buyer shall be obliged to notify Montakon thereof in writing immediately.
In the event that Montakon wishes to exercise its retention of title as referred to in this article, the Buyer hereby gives Montakon and any third parties designated by Montakon its unconditional and irrevocable permission in advance to enter all those places where Montakon's property is located and to take back the products.
7.1 Without prejudice to the retention of title stipulated in Article 6, delivery shall be made 'exit company or warehouse' of Montakon, unless otherwise agreed in writing. The Buyer is obliged to take delivery of the goods at the agreed time or within the agreed period.
7.2 The goods shall be transported at the buyer's risk.
7.3 If an order is not accepted by the Buyer upon delivery, Montakon shall charge the Buyer for all costs incurred, including but not limited to transport and storage costs.
8.1 Montakon shall make every effort to observe the stated delivery times as accurately as possible. However, the delivery period shall never be a deadline. Failure to meet the delivery deadline shall not entitle the Buyer to claim compensation for damages or any costs whatsoever, or to dissolve the agreement or fail to comply with any obligation ensuing from the agreement.
8.2 Montakon shall be entitled to have certain work performed by third parties. The applicability of Sections 7:404, 7:407(2) and 7:409 of the Dutch Civil Code is expressly excluded.
8.3 If Montakon needs information from the Buyer for the performance of the agreement, the term of performance shall not commence until the Buyer has made this information available to Montakon correctly and in full.
8.4 The Buyer is obliged to provide Montakon in good time with all information which it knows or ought to know is necessary for the performance of the order. The Buyer warrants the accuracy and completeness of the information it provides.
8.5 Montakon shall be entitled to carry out the agreement in several phases, and to invoice the part that has been completed separately.
8.6 Montakon is subject to an obligation to perform to the best of its ability and never to an obligation to achieve a specific result.
9.1 Montakon shall be entitled to dissolve this agreement if: a) the Buyer fails to perform the obligations ensuing from the agreement or to perform them in full or in a timely manner; b) circumstances become known to Montakon after the agreement has been concluded which give it good reason to fear that the Buyer will fail to perform its obligations; c) the Buyer's assets are seized or it is granted a suspension of payments or is declared bankrupt.
9.2 In the event that the agreement is terminated, any and all amounts receivable by Montakon from the Buyer shall become immediately due and payable.
9.3 In the event that the Buyer cancels the agreement, it shall owe compensation of 50% of the invoice amount, unless Montakon can prove that it has suffered a greater loss, in which case it shall be required to pay the actual loss.
9.4 If Montakon proceeds to cancel the agreement, it shall not be obliged in any way whatsoever to compensate the Buyer for any loss or costs incurred as a result.
10.1 Montakon is not liable for any loss or damage of any kind suffered as a result of relying on incorrect and/or incomplete information supplied by or on behalf of the Buyer.
Montakon is only liable for damage (i) if such damage falls within the scope of its liability insurance and up to the amount paid out by its insurance policy plus the excess, or (ii) in the event of intent or gross negligence on the part of Montakon or one of its managers.
10.3 In the event that there is no wilful misconduct or gross negligence, or the insurance does not pay out and Montakon is nevertheless liable, such liability shall be limited to direct loss only (whereby liability for indirect loss is expressly excluded) amounting to twice the order value subject to a maximum of €10,000.
All rights of action and other powers of action, on any grounds whatsoever, which the Buyer may have vis-à-vis Montakon must have been received by Montakon in writing within six months of the time at which the Buyer became aware of them or could reasonably have become aware of them, failing which they shall lapse.
10.5 In the event that Montakon is held liable by third parties, the Buyer shall be obliged to assist Montakon, both extra-judicially and judicially, and to immediately do all that may be expected of it in such case. In the event that the Buyer fails to take adequate measures, Montakon shall be entitled to do so itself without notice of default. All costs and damage incurred on the part of Montakon and third parties as a result shall be entirely at the Buyer's expense and risk.
10.6 The Buyer indemnifies Montakon against any third-party claims that it incurs in connection with the performance of the assignment.
10.7 The Buyer indemnifies Montakon against any loss or damage caused by a third party engaged by Montakon on the Buyer's recommendation.
10.8 Montakon is subject to an obligation to perform to the best of its ability and never to an obligation to achieve a specific result.
11.1 The Buyer is obliged to inspect the goods immediately after delivery. Complaints relating to any defects that are not immediately visible must be notified to Montakon in writing within seven days of the time of delivery, specifying the nature of the complaints with regard to the goods delivered. On pain of forfeiture of rights, the Buyer must report any defects that are immediately visible upon delivery in writing within 24 hours of delivery.
11.2 The Buyer must give Montakon the opportunity to investigate a complaint or have it investigated.
11.3 If a defect is not reported in time, the Buyer will no longer be entitled to rectification, replacement or compensation, and must pay all costs incurred by Montakon.
11.4 If Montakon finds that a complaint is well-founded, it shall, at its own discretion: a) make replacement goods available as soon as possible at its own expense on the return by the Buyer of the goods in respect of which the complaint was made, or b) declare the agreement terminated without recourse to the courts and subject to remission or refund of the price due, on the return by the Buyer of the goods in respect of which the complaint was made.
11.5 Neither Montakon nor its employees will be obliged to pay any compensation for costs, damage (direct or indirect) or interest incurred or suffered by the Buyer and/or third parties other than as referred to in the preceding paragraph.
12.1 Montakon is or will become the sole party entitled to all existing and future intellectual property rights (including but not limited to copyright) vested in or arising from the agreement.
12.2 Montakon declares that, to the best of its knowledge, the products do not infringe any intellectual property rights of third parties applicable in the Netherlands. However, Montakon cannot indemnify the Buyer in respect of any infringement of intellectual property rights of third parties.
12.3 The buyer warrants not to infringe (nor allow or facilitate third parties to infringe) any intellectual property rights of Montakon or its suppliers in relation to the products, for instance by copying, processing or reproducing the products.
12.4 Unless otherwise agreed in writing, Montakon retains the copyright and all other intellectual or industrial property rights on the designs, sketches, images, drawings, models, software and quotations it provides. These items shall remain its property and may not be copied, shown to third parties or used in any other way without its explicit consent, regardless of whether the Buyer has been charged for them. The Buyer shall be obliged to return these items to Montakon on demand. The foregoing is without prejudice to Montakon's other rights, including the right to claim compensation.
13.1 Buyer is obliged to keep confidential all confidential information it has obtained within the framework of the agreement. Information is considered confidential if this is stated or if this follows from the nature of the information. The party receiving confidential information shall only use it for the purpose for which it was provided.
14.1 All legal relationships with the Buyer and any obligations arising therefrom shall be governed exclusively by the laws of the Netherlands.
14.2 Any disputes that may arise in connection with the agreement between Montakon and the Buyer which cannot be resolved in mutual consultation shall be submitted for adjudication to the Utrecht District Court, without prejudice to the rule that in subdistrict court cases only the subdistrict court designated by the law shall have jurisdiction.
General Terms and Conditions issued by Koninklijke Metaalunie: METAALUNIEVOORWAARDEN.
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Montakon | Titaniumlaan 120 | 5221 CL 's-Hertogenbosch | Nederland
+31(0)73 599 6000 | [email protected]
