New Collections 2023
New Collections 2023
General Terms and Conditions of Sales
1. Applicability of terms and Conditions of Sales
1.1
These general conditions of sales and delivery shall apply to all offers, quotes, deliveries, services and agreements of Brand van Egmond B.V. ( “BRAND VAN
EGMOND“).
1.2
All orders are accepted and executed by BRAND VAN EGMOND subject to and in accordance with the following conditions of sales which override and
exclude any other terms stipulated or incorporated or referred to by the customer during any negotiations or in any course of dealing between BRAND VAN
EGMOND and the customer.
1.3
No variation or deviation to these conditions of sales is permitted unless expressly authorised in writing by a director of BRAND VAN EGMOND.
2. Quotations and orders
2.1
Subject to the terms contained in this section, any quotation provided by BRAND VAN EGMOND will be without engagement.
2.2
Although BRAND VAN EGMOND strives to provide accurate product and pricing information, errors or misprints may occur. BRAND VAN EGMOND cannot
confirm the price of a product until after the customer orders the product. Notwithstanding anything contained in this section, in the event that a product is
listed at an incorrect price or with incorrect information due to an error in pricing or product information, BRAND VAN EGMOND shall have the right, at its
sole discretion, to refuse or cancel any orders placed for that product. In the event that a product is priced in error or a product information error occurs,
BRAND VAN EGMOND may, at its sole discretion, either contact the customer for instructions, cancel the order and notify the customer of such cancellation,
and/or correct the error on its web site/pricelist, any without liability.
2.3
Orders are not binding on BRAND VAN EGMOND until accepted by BRAND VAN EGMOND. BRAND VAN EGMOND’s acceptance of an order is
evidenced in writing including return e-mail from BRAND VAN EGMOND indicating that customer’s order has been accepted.
2.4
Changes of orders will be accepted up to 3 (three) days only from our order confirmation.
2.5
The cancellation of a confirmed order is valid only if it as accepted in writing by BRAND VAN EGMOND. Expenses due to cancellation will be charged.
3. Prices
3.1
Prices for products are in EUR and exclusive of VAT, unless otherwise indicated.
3.2
BRAND VAN EGMOND reserves the right to increase prices after execution of the agreement and without notice at any time in the event that the
manufacturing prices of BRAND VAN EGMOND increase.
3.3
Unless indicated otherwise in writing by BRAND VAN EGMOND, the prices are based on delivery on the basis of EXW (Ex Works), Naarden, The
Netherlands (according to the latest version of the ICC Incoterms®).
4. Payment
4.1
Unless credit terms have been agreed to in writing by BRAND VAN EGMOND, customer shall pay invoices within thirty (30) days from the date of the
invoices without any deductions or set-off whatsoever.
4.2
If payment is not received by BRAND VAN EGMOND by the due date, the customer shall pay a financing charge of 2% of the capital sum for each month or
portion thereof during which payment remains outstanding, until payment is made in full.
4.3
BRAND VAN EGMOND reserves the right to demand payment up front or to demand security for the payment of the invoices before commencing the
production and/or delivery of the products.
4.4
If the customer fails to make payment by the due date or fails to provide security without prejudice to any other right or remedy, and without prior notice
of default, BRAND VAN EGMOND shall be entitled to: i. cancel the order or suspend any further deliveries; and ii. appropriate any payment made by the
customer to such of the products (or the products supplied under any other contract) as BRAND VAN EGMOND may think fit.
4.5
All expenses in connection with the recovery of the amounts payable and not paid in time by BRAND VAN EGMOND shall be for the account of the customer.
The extrajudicial expenses shall be at least 15% of the amount due, at a minimum of Euro 750, and shall already be payable and claimable as soon as the
claim is passed out of hand for collection.
5. Accounts
A customer wishing to open a credit account must furnish such information as requested by BRAND VAN EGMOND and BRAND VAN EGMOND will make a
search with a credit reference agency. BRAND VAN EGMOND reserves the right in its absolute discretion to grant, refuse or discontinue any credit facilities or
reduce or suspend any credit limit at any time.
6. Product availability; special orders
6.1
Product availability may be limited. Products may not be available for immediate delivery. BRAND VAN EGMOND reserves the right, without liability or prior
notice, to revise or cease to make available any or all products. All articles shall be executed in standard design.
6.2
For an order of deviating models or colours or special requests a surcharge shall be made, this after prior written consultation. All special orders are, unless
agreed to otherwise in writing, paid for by the customer upfront.
7. Delivery
7.1
Unless agreed otherwise in writing delivery shall take place EXW (Ex Works) Naarden, the Netherlands, according to the latest version of the ICC Incoterms®.
7.2
BRAND VAN EGMOND will use reasonable endeavours to meet delivery estimates but in no circumstances shall it be liable to compensate the customer for
non-delivery or late delivery.
7.3
BRAND VAN EGMOND reserves the right to deliver by instalments or in parts. Failure to meet a delivery date where delivery is by instalments shall not
preclude BRAND VAN EGMOND’s right to make further deliveries by instalments under the relevant contract.
7.4
The customer may request delivery by instalments for a maximum period of 12 months from the date of order.
7.5
The risk for the goods to be delivered shall pass to the customer from the moment that they are placed at the disposal of the customer at the premises of
BRAND VAN EGMOND unless agreed to otherwise in writing. Any assistance by BRAND VAN EGMOND with the loading of the goods on any means of
transportation shall be for the risk of the customer.
7.6
If delivery of the goods is refused by the customer, without prejudice to the provisions of article 9, the risk of the goods shall pass to the customer at once
and BRAND VAN EGMOND can immediately claim payment. BRAND VAN EGMOND shall keep the goods at the customer’s risks and expense until further
notice.
7.7
If the customer continues to default after being summoned BRAND VAN EGMOND shall be entitled to dispose of the goods or to give them another
destination. Any proceeds shall be credited to the customer with deduction of all expenses coming for his account, without prejudice to BRAND VAN
EGMOND’s right to full payment of the agreed price.
8. Inspection, defects and non-delivery, returns
8.1. The customer must inspect the products at the moment of delivery. BRAND VAN EGMOND shall not be liable for any defects in the products unless written
notice with a statement of reasons is given to BRAND VAN EGMOND within seven (7) days of receipt. If complaints have not been made in the above
mentioned manner and within the aforementioned period of seven (7) days, the delivery shall be considered unconditionally accepted.
8.2.
The quantity of any consignment of products as recorded by BRAND VAN EGMOND upon despatch from BRAND VAN EGMOND’s place of business shall
be conclusive evidence of the quantity received by the customer on delivery, unless the customer can provide conclusive evidence to the contrary.
8.3.
Customary deviations shall not be reasons for complaint. The photos on this web site, in our catalogue and brochures are provided to assist you in choosing
the right product. These photos are meant to be samples only and are not intended to provide a perfect match to the actual product color.
Colors and photo size may vary based upon your screen resolution and other computer settings outside of our control.
The photo may differ from the actual product due to reproduction limitations of the photograph and limitations of viewing photos at different resolutions, hue,
brightness, contrast, and other screen variations.
Therefore, Brand van Egmond shall not be held responsible for any variation between the photos on this website/catalogue and the actual products you
receive, including but not limited to: Color variation, grain variation, color change, and character variation
8.4. Any liability of BRAND VAN EGMOND for non-delivery or defective products shall to BRAND VAN EGMOND’s discretion be limited to replacing, repairing or
making up the products within a reasonable time.
8.5. No order can be cancelled or accepted without previous written agreement of BRAND VAN EGMOND.
8.6. Products may not be returned without BRAND VAN EGMOND’s permission. If BRAND VAN EGMOND agrees to take the Products back, the customer
shall obtain a return merchandise authorisation number (RMA number). Any products returned must be provided with the RMA number by the customer and
be received by BRAND VAN EGMOND within seven (7) days of delivery and must be complete, undamaged and in original packaging. Products returned
after seven (7) days as unwanted or incorrectly ordered will be accepted at the discretion of BRAND VAN EGMOND and will be subject to a restocking fee
representing 30% of the invoice value of the products.
8.7. Certain products - such as products specially designed or manufactured for the customer - are excluded from any return. The customer is responsible for
returning products to BRAND VAN EGMOND and for providing proof of delivery of such return.
8.8.
Products will be returned at the customer’s expense.
9. Retention of title
9.1
Ownership of the products shall not pass to the customer until BRAND VAN EGMOND has received in full (in cash or cleared funds) all sums due in respect
of the products.
9.2
The customer shall not be entitled to alienate or encumber the products in any way as long as full payment has not been made to BRAND VAN EGMOND,
except where and in so far as the normal conduct of business is concerned. The customer shall be obliged to pledge to BRAND VAN EGMOND any claims
on third parties resulting from this, on pain of a fine to the amount of 50% of the invoice amount for the goods supplied, with a minimum of € 2.250,=.
9.3
If payment is not received in full by the due date, or the customer passes a resolution for winding up or a court shall make an order to that effect, or a receiver
is appointed over any assets or the undertaking of the customer or an execution or distress is levied against the customer, BRAND VAN EGMOND shall be
entitled, without previous notice, to retake possession of the products and for that purpose to enter upon any premises occupied or owned by the customer.
10. Performance and fitness for purpose
10.1 Unless any performance figures, tolerances or characteristics have been specifically and expressly warranted by a director of BRAND VAN EGMOND in
writing, BRAND VAN EGMOND accepts no liability for any failure of the products to obtain such figures.
10.2 The responsibility for ensuring that products are sufficient and suitable for a particular purpose is the customer’s, unless specifically stated in writing by a
director of BRAND VAN EGMOND.
10.3 Any advice or recommendation given by an employee of BRAND VAN EGMOND, which is not confirmed in writing by a director of BRAND VAN EGMOND,
is acted on entirely at the customer’s risk and BRAND VAN EGMOND and its employees shall not be liable for any such advice or recommendation which is
not so confirmed.
11. Guarantee
11.1 Each product has been manufactured and packaged to meet BRAND VAN EGMOND’s high standards. Any defects which, under proper use, appear in the
products within a period of twelve (12) months (unless otherwise stated by BRAND VAN EGMOND) and which are due to faulty materials, workmanship
or design will be made good by BRAND VAN EGMOND either by repair, or at BRAND VAN EGMOND’s option, replacement (which is BRAND VAN
EGMOND’s sole obligation and the customer’s sole remedy.
11.2 BRAND VAN EGMOND’s guarantee is accepted by the customer in substitution for all express or implied representations, conditions or warranties, statutory
or otherwise, as to the satisfactory quality, fitness for purpose or performance of the products (or any materials used in connection therewith) or the standard
of workmanship of any services provided, and all such representations, conditions and warranties are excluded.
11.3 BRAND VAN EGMOND shall not be liable for defective products if the defect arises because the customer alters or repairs such products without the
written consent of BRAND VAN EGMOND or because the customer did not follow the manufacturers’ instructions for storage, usage, installation, use or
maintenance of the products.
11.4 Any products replaced or repaired under this paragraph will be guaranteed on these terms for any unexpired portion of the guarantee given on the original
products.
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