Terms and Conditions
1.1. These general delivery and payment conditions apply to all offers and deliveries of Plant-e unless expressly agreed otherwise in writing.
1.2. If the client includes provisions or conditions in its order that deviate from – or do not appear in – these conditions, these are only binding for Plant-e if and insofar as they have been expressly accepted by Plant-e in writing.
2.1. All offers are without obligation unless explicitly stated otherwise.
2.2. If it appears that the information provided by the client with the application or agreement was incorrect, Plant-e is entitled to adjust the prices accordingly.
3. Orders / Orders
3.1. Orders / orders are only binding if they have been confirmed in writing by the client, or in the absence of such confirmation by the execution of the order by Plant-e.
3.2. For the assignment, the client is always obliged to fully inform Plant-e about the quality requirements it uses, failing which Plant-e, if this appears after acceptance of the assignment, is entitled to dissolve the agreement without this affecting the client. any right to compensation for whatever reason arises.
3.3. Non-functional differences between products and all other specifications and quality indications and the actual performance of the delivered goods do not entitle the client to any compensation, in any form or for whatever reason.
4.1. The prices are based on the cost-determining factors applicable to us on the date of the quotation. If the prices of these cost-determining factors undergo an increase after a period of 30 days after the date of the offer and/or confirmation, even if this increase has occurred as a result of circumstances foreseeable during the submission of the offer or confirmation, we are entitled to the agreed to increase the price accordingly, which price increase is binding for the client.
5. Delivery time
5.1. The delivery time is determined in consultation and starts on the date on which the written order is received by Plant-e.
5.2. Exceeding agreed delivery times for whatever reason does not give entitlement to compensation, unless otherwise agreed in writing.
6.1 Plant-e is entitled to split and invoice an order in partial deliveries while retaining the right to demand payment per invoiced partial delivery in accordance with the applicable payment conditions.
7. Risks and transport
7.1. The risk for the goods is from the time when they are ready for delivery to the client.
8. Change assignment
8.1. All changes to the assignment, either on behalf of the client, or as a result of the fact that a different execution is necessary due to any circumstances whatsoever, will be regarded as additional work if there are several costs associated with it and, insofar as this results in fewer costs, as less work. . These will be invoiced accordingly to the client.
8.2. If, due to circumstances unknown at the time of the quotation or order confirmation, Plant-e has to perform more work than agreed, or has to perform work under circumstances more difficult than it was aware of when entering into the agreement, Plant-e is entitled to charge additional costs to the client. If the client cannot agree with the additional costs concerned, he has the right to cancel the part of the assignment that has not yet been carried out.
9.1. The supplier explicitly reserves all rights to and arising from intellectual property rights, such as rights to models, copyrights and patents, unless agreed otherwise.
9.2. All data and materials provided by Plant-e; models, offers, product names, images, video, sound files, production methods, descriptions, working methods, promotional materials, etc. remain the property of Plant-e and must be returned to it immediately upon request. Without express written permission from Plant-e, they may not be copied in whole or in part, made available to third parties or made available for inspection, nor used by the client or third parties for the production of goods and/or the provision of services.
10.1. Insofar as not otherwise agreed in writing, Plant-e guarantees that the assignment given to it has been executed to the best of its ability with due care and skill.
11. Terms of payment
11.1. Unless agreed otherwise in writing, payment must be made net in cash upon delivery of the goods. In the case of delivery on invoice, payment must be made net in cash within 8 days of the date of the invoice drawn up at that time.
11.2. If payment has not been made within the payment term referred to in this article, Plant-e is entitled from the end of this term without notice of default to charge a compensation for loss of interest of 10% per annum or the legal interest – if this is higher – on the then outstanding amount.
11.3 In addition to the purchase price and interest, Plant-e is also entitled to claim from the client all collection costs, both judicial and extrajudicial, that have not been caused by payment. Extrajudicial collection costs are payable by the client for each case in which Plant-e has insured itself with the help of a third party for the collection.
12. Retention of title
12.1. As long as the client has not made full payment of the entire agreed amount, all delivered goods remain the property of Plant-e.
12.2. If the client does not fulfill any obligations towards Plant-e under the agreement, Plant-e is entitled to take back the goods without any notice of default being required, in which case the agreement is also dissolved without judicial intervention, without prejudice to Plant-e's right to compensation of damage, loss of profit and interest.
13. Special circumstances on the part of the client
13.1. The claim for payment is immediately due and payable in the event that the client is declared bankrupt, applies for a suspension of payments or a total attachment is levied on the client's assets, the client dies and furthermore, if it goes into liquidation or is dissolved.
13.2. In the above cases, Plant-e also has the right to terminate or suspend the agreement or the part thereof that has not yet been performed, without notice of default or judicial intervention, without prejudice to the right of the client to demand compensation for any damage it may suffer as a result.
13.3. If one of the circumstances mentioned occurs, Plant-e is entitled to demand the full purchase price of the goods immediately in advance and/or to demand security for the agreed price, in consultation with the client.
14. Force Majeure
14.1. In the event of force majeure, which in any case includes domestic disturbances, mobilization, war, obstruction by its own suppliers, regardless of the reason, delivery is not made possible, as a result of which fulfillment of the agreement cannot reasonably be expected from Plant-e , the execution of the agreement will be suspended or the agreement can be terminated by registered letter, all without any obligation to pay compensation.
15.1. If the client fails to fulfill any obligation under the agreement or under these terms and conditions, the supplier has the right to dissolve all agreements concluded with the client concerned without notice of default or judicial intervention being required and without prejudice to the right of Plant-e to compensation for damage, loss of profit and interest.
16.1. This agreement is governed by Dutch law.
16.2. All disputes are exclusively settled by the competent court in the District of The Hague.
17.1. Plant-e only provides service for products that have been delivered by Plant-e itself. Plant-e products that are otherwise acquired are explicitly excluded from service.