Terms and Conditions

The general terms and conditions of KSZ Transport.

This is a translation of the Dutch general terms and conditions. In the event of any discrepancy between this translation and the Dutch text, the Dutch text prevails.

Article 1. Applicability of these general terms and conditions.

These terms and conditions apply to every offer, quotation and agreement between KSZ Transport and the client to which KSZ Transport has declared them applicable, insofar as the parties have not expressly departed from these terms and conditions in writing. The applicability of any purchasing or other terms and conditions of the client is expressly rejected.

Article 2. Offers; formation of the agreement

1. All our offers and quotations, as set out in our price lists, circulars and the like, are without obligation, unless expressly stated otherwise in writing.
2. Additional or deviating provisions in the order as compared with our offer or quotation are binding on us at all times only if and insofar as those provisions have been expressly accepted by us in writing.

Article 3. Prices

1. Unless expressly agreed otherwise, we are entitled to charge the price that applies on the day the goods are delivered.
2. Unless agreed otherwise in writing, our prices apply ex our premises and therefore exclude, for example, carriage and/or shipment, packaging, insurance and any duties, taxes or other levies imposed by the authorities. We are entitled to pass on price increases arising from changes in the prices of materials, tools, parts, raw materials, wages, salaries, social security contributions and government charges. If we apply a price increase, the client is entitled to cancel the purchase agreement concluded, insofar as we have not yet performed it, provided that he notifies us of that decision in writing within ten days of receiving written notice of the price increase.
3. For repair orders we can never provide a binding quotation in advance; any prices stated may at all times be regarded only as indicative. We are entitled to charge the client for the repair work carried out on the basis of subsequent costing.
4. Packaging costs charged separately will be credited in full by us once the packaging has been returned carriage paid and in good condition.

Article 4. Documents; advice

All illustrations, samples, drawings and other documentation provided for the purpose of an order or offer remain our property and must be returned to us on first request. The client warrants that the above documents and the information provided by us will not be copied or imitated, nor made available to or shown to third parties, in each case except with our express written consent. Nor may products imported by us be exhibited at exhibitions without our written consent.

Article 5. Delivery time

The delivery times stated by us are not strict deadlines and are always without obligation. Their mere expiry does not constitute default. We will do everything possible to observe the stated delivery times as closely as possible. Except in the event of intent or gross negligence, exceeding the delivery time does not entitle the client to claim damages, to refuse the product or to dissolve the agreement in whole or in part.

Article 6. Delivery; risk

1. Once the products concerned have left our premises, or once we have informed the client in writing that the products are ready for dispatch, they are deemed to have been delivered. The place of delivery is our premises, even if carriage paid shipment and/or carriage has been agreed by us.
2. The risk passes to the client at the time of delivery as described above. If the client does not enable us to deliver the products to him in time or properly, he will be in default without any notice of default being required. In such a case we are entitled to store the products at the client's expense and risk. The client remains liable to pay the purchase price plus the interest and costs set out in article 8.
3. Unless agreed otherwise in writing with the client, shipment and/or carriage of the products, if arranged by us, is at the client's expense and risk, and the products are not insured by us against transport risk.

Article 7 Retention of title

1. We retain title to the products delivered by us until full payment has been made for all products delivered or still to be delivered to the client by us under the agreement, and for all work carried out or still to be carried out by us for the client under that agreement, including payment of any claim we have against the client for failure to perform the payment obligation arising from that agreement.
2. The client will immediately enable us to take back the products delivered, without further notice of default or judicial intervention, or will at our request be obliged to return the products to us carriage paid immediately upon first written request to that effect.

3.             If third parties attach the goods delivered subject to retention of title, or rights to them

Article 8. Payment

1. Unless agreed otherwise in writing, payment of the purchase price and/or of the agreed price for the work to be carried out or carried out by us is due, at our option, in cash on delivery or within thirty days net of the invoice date. All payments will be made without any deduction or set-off, even if the client believes it can still assert claims of any kind against us.
2. If at any time there is reasonable doubt as to the client's creditworthiness, we are entitled, before performing (further), to require that the purchase price be paid in advance in whole or in part or that the client provide proper security.
3. By the mere expiry of any payment term the client is in default and, without any notice of default being required, owes interest on all outstanding amounts from that moment at the statutory interest rate then applicable, plus a surcharge of 2%. We are also entitled, after the expiry of a further payment term set in writing, to charge the client all extrajudicial and judicial costs.
4. If we refuse a cash-on-delivery consignment, the client is obliged to reimburse us for all costs we incur as a result.

Article 9. Cancellation; return consignments

Cancellation of the order placed with us is permitted only with our prior written approval. All return consignments to be made by the client on the basis of that approval must be sent to us carriage paid and at the client's risk. Return consignments must at all times be accompanied by a statement of the invoice number under which they were delivered by us. In the case of return consignments of products delivered in accordance with the order, we expressly reserve the right to credit the value of the goods less 10% administration costs. Such return consignments are accepted by us only if sent carriage paid. The client is obliged to indemnify us at all times against claims by third parties as a result of cancellation of the order.

Article 10 Inspection; complaints

1. The client is obliged to inspect the products carefully, or have them inspected, immediately upon arrival at the place of destination. Complaints must be notified to us in writing no later than fourteen days after the arrival of the products, stating the invoice and packing slip number and giving reasons.
2. If defects are found, the client is obliged to stop using the products concerned immediately and to enable us to inspect the products in question. Except with our written approval, products already delivered will not be taken back by us.
3. Defects that cannot reasonably be discovered within the period set out above must be notified to us in writing immediately after discovery, but no later than within the applicable warranty period. If a complaint is not made within the period set out in this article, the client loses every claim in respect of those defects.

Article 11 Warranty; liability

1. During the warranty period set for us by the manufacturer, we provide a warranty against material and manufacturing defects. Our warranty means that we will repair the defects at our expense or – at our sole discretion – take back the goods delivered in whole or in part and replace them by a new delivery. All costs exceeding the obligation described above are at the client's expense, such as transport costs, travel costs and the like.
2. Our warranty does not apply if the seal affixed to the products has been broken, if the client has carried out or had carried out changes and/or repairs to the products delivered, whether himself or through third parties, if the client has not complied promptly and in full with all instructions given for the use of the products and with other specifically applicable warranty conditions, or if the defects are the result of improper use by the client or of causes other than defective material or manufacture.
3. Our liability is limited to performance of the warranty obligation set out above. Except in the event of intent or gross negligence and except for our warranty obligations, we are never liable for any loss of the client, including consequential loss, non-material loss, business or environmental damage, or loss as a result of liability towards third parties. The client is obliged to indemnify and hold us harmless for all costs, damages and interest that may arise for us as a direct result of claims by third parties against us in respect of events for which we are not liable towards the client under these terms and conditions.
4. If and insofar as, notwithstanding the provisions of this article, we are nevertheless held liable in any case by the competent court, our liability towards the client, on whatever ground, is in all cases limited per event to the amount of the contract sum concerned, excluding VAT.

Article 12 Applicable law; competent court

1. All legal relationships to which we are a party are governed exclusively by Dutch law, even if an obligation is performed wholly or partly abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.
2. The court in the place where we are established has exclusive jurisdiction to hear disputes, unless mandatory law prescribes otherwise. Nevertheless, we have the right to submit the dispute to the court having jurisdiction by law.