GENERAL SALES AND DELIVERY – Vintage Cars Europe
GENERAL SALES AND DELIVERY CONDITIONS 2018
Vintage Cars Europe , Chamber of Commerce number Holland 63835231
with its registered office at Hoefslag 9a Zeeland Nbr.
Article 1 - general
These general conditions apply to all offers and agreements between Vintage Cars Europe, (hereinafter referred to as VCE) and Buyer.
- The Buyer is understood in these terms and conditions to mean anyone who enters into or wants to enter in to an agreement with VCE or for whom VCE performs a supply, service or other performance.
- Agreements deviating from these general terms and conditions can only be agreed in writing.
- These conditions completely exclude (the applicability of) any purchase terms and conditions of the Buyer.
Article 2 - offers and conclusion of the agreement
All quotations and offers from VCE are without obligation, unless explicitly stated otherwise in the offer.
- Images, drawings, declaration of capacities and further descriptions in visual and / or written material provided by VCE are as accurate as possible, but not strictly binding. Small deviations are permitted on delivery.
- An agreement is only concluded and VCE only binds, if and insofar as an order from the Buyer has been confirmed in writing by VCE to the Buyer by executing a written sales order.
5.VCE has the right not to accept orders or to accept them only after payment in advance.
Article 3 - delivery
- Unless otherwise agreed, all deliveries further than EXW shall take place at the expense and risk of the Buyer.
2.The stated delivery period is not a deadline, but only approximates and will be taken into account as much as possible. VCE will not be in default by simply exceeding the delivery term, unless expressly provided otherwise in the agreement.
- If the delivery term is exceeded, the Buyer shall never be entitled to compensation.
- If the exceeding of a delivery term is a consequence of force majeure on the part of VCE, both buyer and VCE have the right to dissolve the agreement. This right to dissolution arises only as soon as the agreed term has been exceeded by more than three months.
5.The motor vehicle is at the risk of VCE in the period between the deposit and the signing of this agreement together with the final payment. The motor vehicle is at the risk of the Buyer from the moment the final purchase agreement is signed and final payment is done.
- The transfer and delivery of the motor vehicle by VCE to the Buyer shall take place by delivery of the motor vehicle to the Buyer on an EXW basis.
7.The delivery of the motor vehicle to the Buyer must take place at the location to be designated by VCE. In principle, delivery takes place in the city where VCE is located: Zeeland Nbr, the Netherlands. VCE and Buyer may, however, determine in mutual consultation to designate a different delivery location. The additional costs will be borne by the Buyer.
8.The delivery of the motor vehicle will only take place when VCE has received the full purchase price from the Buyer.
Article 4 - prices
- Unless otherwise stated, all prices are in euros, including VAT (if applicable) and including any import taxes due, import duties and BPM.
- VCE reserves the right to pass on changes of import taxes and in exchange rates in the agreed price. In the event of a price increase, the Buyer has the right to dissolve the agreement in whole or in part within three months after the conclusion of the agreement, which dissolution must take place in writing within seven days after notification of the price change.
Article 5 - payment
1.The Buyer is obliged to pay the purchase price to VCE on the agreed date. Only bank deposit or cash payment is accepted.
After oral or written agreement, Buyer must pay VCE a deposit of at least 25% of the total purchase price.
- Payment conditions are EXW, 100% payment before collection of the item(s). A 25% advanced payment is required after oral or written agreement with VCE.
- From the moment of default, the Buyer owes default interest, equal to 1.5% per month, which starts after 7 days from the moment the item(s) is (are) available for collection.
4.If VCE is forced by the Buyer's failure to hand over its claim for collection, all associated costs, such as administration costs, judicial and extrajudicial costs, including the costs for a bankruptcy petition, shall be borne by the Buyer. . The extrajudicial costs amount to at least 15% of the unpaid amount with a minimum of € 500.00.
Article 6 - extended retention
1.VCE remains the owner of the goods delivered to the Buyer, until the agreed price for this item and the activities performed and to be performed for the Buyer in this respect have been paid in full. The retention of title also extends to the interest and costs due.
2.VCE remains the owner of the items mentioned in the previous paragraph until the Buyer has met ALL current and future obligations under this and other agreements with VCE.
Article 7 - conformity
1.VCE undertakes that the motor vehicle that it supplies and delivers, complies with this agreement and thus complies with the statutory conformity requirements, on the understanding that the Buyer may not invoke non-conformity insofar as the law prohibits it from doing so.
- Any complaints must be made known to the Seller in writing within 14 days of after delivery.
- In the event of a telephone report, the Buyer must immediately confirm the complaint to VCE in writing.
Article 8 - warranty
1.The motor vehicle is given the nature and age (oldtimer of 30 years or older), sold without warranty and in the state in which it is located. The buyer is aware that old (er) motor vehicles are a collector's item, the economic and technical life of which has expired well. The value of such a vehicle is therefore mainly determined by the historical value. A costly car does not mean - automatically - that the technical state is good.
- Buyer has the possibility to test the vehicle, to check and to inspect extensively, including but not exclusively by using the bridge of VCE.
- Buyer declares that he agrees to the purchase and is aware of any possible defects that may arise after the lapse of (any) time, which can not be for the account of VCE, such as, but not exclusively, imperfections in the finishing and damage that does not detract from the soundness, or discoloration due to temporary or permanent environmental influences or other influences, in any form whatsoever.
4.The buyer is obliged to carry out an investigation regarding the state of the motor vehicle as well as the regulations and requirements of the periodic maintenance that apply to the model concerned.
- Defects caused by vandalism, misuse or improper use of the car are not the responsibility of VCE.
Article 9 - liability
1.VCE is not liable for the damage suffered by the Buyer, except and insofar as the Buyer can demonstrate that there is intent or gross negligence on the part of VCE.
2.VCE accepts no liability whatsoever for damage of whatever nature, caused by or to goods and services and the related work, originating from third parties. If possible, VCE will transfer its rights to claim compensation from the relevant third party to the Buyer.
3.VCE is in no way liable for trading loss, delay damage, loss of profit or stagnation damage, or other consequential damage of Buyer.
- VCE's liability is limited to the damage that can be regarded as an immediate and clear consequence of the non-fulfilment or defective performance.
5.VCE is never liable for indirect damage
- The conclusions of the Buyer, based on the agreement, are subject to interpretation and these conclusions may deviate from other people's interpretation. VCE is not responsible for this in any way.
7.VCE is not liable for the incorrect use of the motor vehicle by the Buyer. Upon delivery, VCE will provide Buyer with an explanation regarding the use of the motor vehicle. Buyer must comply with this.
8.VCE is not liable for hidden defects of which VCE was not aware of the conclusion of the agreement.
9.VCE is never liable for future changes in legislation - concerning young- and oldtimers - and unforeseen circumstances.
- VCE gives no guarantee whatsoever for the admission of the vehicle and / or testing requirements in countries other than the Netherlands. Buyer is obliged to examine any admission and testing requirements himself.
Article 10 - force majeure
- Force majeure means any circumstance independent of the will of VCE that temporarily or permanently prevents performance of the agreement.
2.In particular, as force majeure: war, danger of war, riot, molestation, strike, occupation, fire, loss of business on the way, water damage, flood, government measures, delay in shipping or transport, transport obstruction, import restriction, export impediment, default of suppliers of VCE, as well as all other circumstances that obstruct VCE in the normal course of its business.
- In the event of a situation of force majeure, VCE has the right to suspend performance of the agreement for as long as the force majeure situation continues, or to dissolve the agreement in whole or in part, without VCE being liable for compensation.
- In the event of exceeding the delivery period by more than one month as a result of the force majeure, both the Buyer and VCE have the right to dissolve the agreement in writing without judicial intervention, without the Buyer or VCE being obliged to pay any compensation.
Article 11 - suspension, dissolution
- If the Buyer does not, not timely, or not properly comply with its obligations arising from the agreement concluded or if there is a well-founded fear, as well as in the event of bankruptcy or suspension of payment of the Buyer or upon closure, sale or liquidation of his company, VCE is entitled to suspend the execution of the agreement or dissolve the agreement. The claim in respect of the part of the agreement already performed by VCE, as well as damage resulting from suspension or dissolution, shall then also be immediately due and payable.
Article 12 - choice of law and forum
Dutch law applies to this agreement. All disputes which may arise between the parties, as a result of this agreement or of further agreements and other actions in connection with the present agreement, such as for example, albeit not exclusively, unlawful acts, undue payments and unfounded enrichments, will only be settled by the Court of Oost-Brabant session at ‘s Hertogenbosch, except to the extent that mandatory competency rules would stand in the way of this choice.