ARTICLE 1 - GENERAL
1.1
ALL OFFERS, DELIVERIES, SERVICES AND SALES ARE SUBJECT TO THESE SALE CONDITIONS.
ARTICLE 2 - OFFERS / PRICES
2.1
ALL OFFERS ARE WITHOUT OBLIGATION.
2.2
THE PRICES QUOTED ARE BASED ON DELIVERY EX FACTORY INSIDE AND OUTSIDE THE NETHERLANDS UNLESS EXPRESSLY STATED
OTHERWISE ON ORDER CONFIRMATION / PROFORMA OR INVOICE.
2.3
IF AFTER THE OFFER DATE ONE OR MORE OF THE COST PRICE FACTORS UNDERGO AN INCREASE - EVEN IF THIS IS DUE TO FORESEEABLE
CIRCUMSTANCES - ILFARI IS ENTITLED TO INCREASE THE AGREED PRICE ACCORDINGLY.
ARTICLE 3 - ORDERS
3.1
ORDERS, COME INTO EFFECT ONLY AFTER EXPLICIT ACCEPTANCE BY ILFARI. THIS EXPLICIT ACCEPTANCE APPEARS FROM THE WRITTEN
CONFIRMATION OF ILFARI OR FROM THE FACT THAT ILFARI EXECUTES THE ORDER.
3.2
VERBAL PROMISES BY AND ARRANGEMENTS WITH SUBORDINATE EMPLOYEES OF ILFARI SHALL NOT BE BINDING UPON ILFARI UNTIL AND
INSOFAR AS THEY HAVE BEEN CONFIRMED BY THE LATTER IN WRITING.
ARTICLE 4 - INTELLECTUAL PROPERTY / DRAWINGS, MODELS, DESIGNS, ETC.
4.1
INFORMATION CONTAINED IN CATALOGUES, IMAGES, DRAWINGS ETC. IS NOT BINDING, EXCEPT INSOFAR AS THESE ARE EXPRESSLY
INCLUDED IN AN ORDER CONFIRMATION SIGNED BY ILFARI.
4.2
ILFARI RESERVES THE COPYRIGHT AND PROPERTY RIGHTS OF DESIGNS, IMAGES, SAMPLES, MODELS AND ALL OTHER ITEMS PROVIDED
WITH THE OFFER AND MAY NOT BE COPIED OR TRANSFERRED TO ANY THIRD PARTY WITHOUT ILFARI’S WRITTEN PERMISSION.
4.3
IF AN OFFER REQUESTED TO ILFARI IS NOT FOLLOWED BY AN AGREEMENT, THE CLIENT TO WHOM THE OFFER IS MADE IS OBLIGED TO
RETURN THE OFFER COMPLETE WITH ALL THE MENTIONED IN THE PREVIOUS PARAGRAPH WITHIN EIGHT DAYS TO ILFARI. FAILING ILFARI
RESERVES THE RIGHT TO FULLY PASS ON THE COSTS INCURRED IN THE BUSINESS, WITHOUT PREJUDICE TO THE RIGHT TO RECOVER FROM
THE CLIENT THE COSTS, DAMAGE AND INTEREST ARISING FROM THE INFRINGEMENT OF SAID COPYRIGHT AND PROPERTY RIGHT ON THE
CLIENT.
ARTICLE 5 - DELIVERY
5.1
ALL DELIVERIES ARE MADE EX FACTORY INSIDE AND OUTSIDE THE NETHERLANDS. EX FACTORY MEANS DELIVERY OF THE ORDERED GOODS
TO THE CARRIER OR FORWARDER. FROM THE MOMENT THAT THE GOODS READY FOR DELIVERY ARE PLACED THERE, THEY STAND AND
TRAVEL AT THE RISK OF THE CLIENT.
5.2
IF ILFARI DELIVERS FRANCO, ALL SHIPMENTS WILL BE MADE BY MEANS OF TRANSPORT OF THE CHOICE OF ILFARI AND AT THE EXPENSE AND
RISK OF THE CLIENT. THE ACCEPTANCE OF ITEMS BY THE CARRIER OR FORWARDING AGENT WITHOUT COMMENT ON THE CONSIGNMENT
NOTE OR OTHER TRANSPORT DOCUMENTS WILL THEN PROVE THAT THE GOODS ARE IN GOOD CONDITION AT THE LATEST.
5.3
ILFARI WILL START WITH AN EXECUTION / PRODUCTION ORDER WHEN A PARTIAL PAYMENT IS RECEIVED, WHEN FULL PAYMENT HAS BEEN
RECEIVED OR IF EXPRESSLY AGREED IN WRITING.
ARTICLE 6 - DELIVERY-TIME/RETURN SHIPMENTS
6.1
UNLESS EXPLICITLY AGREED IN WRITING, DELIVERY-TIMES ARE NOT CONSIDERED AS FATAL. THE DELIVERY PERIOD STARTS ON THE DAY OF
THE CONCLUSION OF THE AGREEMENT.
6.2
IF A DELAY ARISES BECAUSE FOR THE EXECUTION OF THE WORK, MATERIALS ORDERED ON TIME ARE NOT DELIVERED ON TIME,
PRODUCTION ERRORS OR IRREGULARITIES, AS A RESULT OF WHICH A PRODUCT CAN NOT BE DELIVERED ON TIME, THE DELIVERY TIME IS
EXTENDED TO SUCH AN EXTENT THAT, TAKING INTO ACCOUNT ALL CIRCUMSTANCES, IS REASONABLE .
6.3
EXCEEDING THE DELIVERY TIME, FOR WHATEVER REASON, DOES NOT ENTITLE THE CLIENT TO NON-COMPLIANCE WITH ANY OBLIGATION
ENTERED INTO WITH ILFARI.
6.4
RETURN SHIPMENTS MUST BE MADE FRANCO AND ARE ONLY PERMITTED AFTER VERBAL OR WRITTEN PERMISSION FROM ILFARI. THE RISK
OF RETURN SHIPMENTS IS FOR THE CLIENT.
6.5
EXPENSES INCURRED BY CHANGING A CURRENT ORDER ARE AT THE EXPENSE OF THE CLIENT.
6.6
THE CANCELLATION OF ALREADY COMPLETELY OR PARTIALLY PAID ASSIGNMENTS IS NOT POSSIBLE. ILFARI WILL NEVER REFUND THE
AMOUNTS ALREADY PAID. HOWEVER, IT IS WITHOUT OBLIGATION TO ILFARI TO COME TO THIS WITH A PROPOSAL TO THE CLIENT.
6.7
WHEN CANCELLING PENDING ORDERS, WHICH HAVE NOT YET BEEN PAID BY WRITTEN AGREEMENT BEFORE PROCEEDING TO PRODUCTION
/ DELIVERY, ILFARI RESERVES THE RIGHT TO CHARGE THE COSTS TO THE CLIENT. COSTS OF SO-CALLED SPECIAL PRODUCTS, OTHER THAN
THE STANDARD ENTRY IN THE THEN CURRENT CATALOGUE, ARE ALWAYS 100% CHARGED TO THE CLIENT.
ARTICLE 7 - GUARANTEE AND CLAIMS
7.1
ILFARI GUARANTEES BOTH THE SOUNDNESS AND QUALITY OF THE GOODS SUPPLIED BY HIM.
7.2
THE CLIENT MUST AT ALL TIMES GIVE ILFARI THE OPPORTUNITY TO CARRY OUT TO REPAIR POSSIBLE DEFECTS. DEFECTS CAUSED BY
NORMAL WEAR AND TEAR, IMPROPER HANDLING OR INJUDICIOUS OR IMPROPER USE OR THOSE THAT OCCUR AFTER MODIFICATION BY
OR ON BEHALF OF THE CUSTOMER OR BY THIRD PARTIES, ARE NOT COVERED BY THE GUARANTEE.
7.3
NO GUARANTEE IS GIVEN IN RESPECT OF DEFECTS THAT ARE WHOLLY OF PARTLY DUE TO ANY GOVERNMENT REGULATION WITH REGARD
TO THE NATURE OF QUALITY OF THE MATERIALS USED.
7.4
ANY CLAIMS REGARDING EXTERNALLY PERCEPTIBLE DEFECTS OR EXECUTION OF THE ORDER MUST TAKE PLACE WITHIN EIGHT DAYS AFTER
RECEIPT OF THE GOODS BY THE CLIENT, IN THE EVENT OF EXCEEDING OF WHICH TERM ANY CLAIM AGAINST ILFARI IN RESPECT OF THOSE
DEFECTS LAPSES.
7.5
ANY DEFECTS AS A CONSEQUENCE OF MANUFACTURING AND ASSEMBLY FAULTS ON THE GOODS, ILFARI WILL REPAIR OR REPLACE IT FREE
OF CHARGE FOR ITS CHOICE.
7.6
SUBMITTING A CLAIM DOES NOT ENTITLE YOU TO POSTPONE PAYMENT.
7.7
GUARANTEE ONLY APPLIES IF THE CLIENT HAS FULFILLED ITS OBLIGATIONS AGAINST ILFARI (BOTH FINANCIAL AS OTHERWISE).
SUPPLY CONDITIONS
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