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 his order that deviate from - or not occur in - these conditions, these will only be binding on Plant-e if and insofar as Plant-e has explicitly accepted them 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. The client is always obliged to fully inform Plant-e of the quality requirements used by him, in the absence of which Plant-e, if this appears after acceptance of the assignment, is entitled to terminate the agreement without it being for the client. any right to compensation for whatever reason arises.
3.3. Non-functional differences between products and all other specifications and quality entries and the actual execution of the delivered goods do not entitle the client to any kind of compensation, in whatever 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 after the expiration of 30 days after the date of the offer and / or confirmation the prices of these cost-determining factors will be increased, even if this increase has been made as a result of the circumstances to be provided during the submission of the quotation or confirmation, we are entitled to the agreed 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, due to whatever circumstances, another execution is necessary, if there are several costs associated with it, extra work is considered and insofar as there are fewer costs as less work . These are invoiced accordingly to the client.
8.2. If, due to circumstances at the time of the quotation or the order confirmation, Plant-e has to do more work than agreed, or must perform work in circumstances more objectionable than was known at the time when the agreement was entered into, Plant-e is entitled to transfer the resulting liquidity. charge multiple costs to the client. If the client can not agree with the additional costs involved, he has the right to cancel the part of the order that has not yet been executed.
9.1. The supplier reserves the right to inspect the products, goods delivered and all communication expressions in the broadest sense of the word as well as with regard to the production methods used by him, expressly all rights to and ensuing from intellectual property rights, such as rights. on models, copyrights and patents, unless otherwise agreed.
9.2. All data and materials provided by Plant-e; models, quotations, 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 him immediately upon request. They may not be copied in whole or in part, without third parties' written permission, or given to third parties for inspection or used by the client or third parties for the production of goods and / or 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 otherwise agreed in writing, payment must be made net in cash upon deliveries of the goods. In case of delivery on an invoice, the payment must be made in cash within 8 days after the date of the then issued invoice.
11.2. If payment has not been made within the term of payment referred to in this article, Plant-e is entitled from the end of this period without notice of default to charge a compensation for loss of interest of 10% per year or the legal interest - if this is higher - over the outstanding amount. amount.
11.3 Plant-e is also entitled to claim all collection costs, both judicial and extrajudicial, which are not caused by payment, outside the purchase price and interest of the client. Extrajudicial collection costs are payable by the client for each case in which Plant-e has insured itself for the collection of the assistance of a third party.
12. Retention of title
12.1. As long as the client has not paid in full over the entire agreed amount, all delivered goods remain the property of Plant-e.
12.2. In the event that the client fails to comply with any obligations arising from the agreement with Plant-e, Plant-e shall be entitled to take back the goods without any notice of default, in which case the agreement shall also be terminated without judicial intervention, without prejudice to the right of Plant-e to compensation of damage, lost profits 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 principal is declared bankrupt, applies for suspension of payment or the total attachment of assets of the client is made, 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 not yet executed without notice of default or judicial intervention, without prejudice to the right of the client to demand compensation for any damage that might arise as a result of this.
13.3. If one of the stated conditions occurs, Plant-e is entitled to claim the full purchase price of the goods immediately in advance and to demand security for the agreed price, in consultation with the client.
14. Force Majeure
14.1. In case of force majeure, which in any case means domestic riots, mobilization, war, blocking by its own suppliers, regardless of the reason, not being able to deliver which makes compliance of the agreement reasonably can not be expected of 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 of its obligations under the agreement or on the basis of these terms and conditions, the supplier shall be entitled to dissolve all agreements concluded with the client concerned without any notice of default or judicial intervention being required and without prejudice to the right of Plant-e on compensation for damage, lost profits 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.