Terms and Conditions

Rotterdam Plastics B.V. established in Rotterdam at Kiotoweg 48 filed on 21-04-2010 at the Chamber of Commerce in Rotterdam under number 24493615.

ARTICLE 1. APPLICABILITY OF THESE TERMS.

These terms and conditions apply to every offer for every agreement between Rotterdam Plastics BV, hereinafter referred to as Rotterdam Plastics and the counterparty, hereinafter referred to as 'counterparty', except insofar as Rotterdam Plastics has explicitly stated in writing that they are included in the relevant agreed agreement or quotation. deviates from these conditions. The terms and conditions also apply to any further agreement, even if no explicit reference is made to these terms and conditions.

ARTICLE 2. PRICES, AGREEMENTS AND OFFERS.

1. All prices stated online by Rotterdam Plastics are exclusive of shipping costs and exclusive of VAT and / or other costs and taxes.

2. An agreement is concluded when the other party places an order in whatever way with Rotterdam Plastics. The other party can cancel its order in writing within 24 hours.

3. All quotations made by Rotterdam Plastics are without obligation and after acceptance Rotterdam Plastics has the right to revoke the quotation within 2 working days after receipt of the acceptance from the other party.

4. The prices stated in a quotation are inclusive of shipping costs and exclusive of VAT and / or other costs and taxes, unless explicitly stated otherwise in writing.

ARTICLE 3. DELIVERY.

1. Unless explicitly agreed otherwise in writing, the delivery of products from Rotterdam Plastics takes place ex works / warehouse of Rotterdam Plastics. If one of the Incoterms has been agreed in the delivery conditions, the Incoterms applicable at the time of the conclusion of the agreement, as published by the International Chamber of Commerce in Paris, will apply. If terms are used that also appear in the list of Incoterms, then these terms have the meaning given to them according to the Incoterms.

2. The other party is obliged to purchase the goods sold at the moment they are made available to him / her in accordance with the agreement or at the moment when they are delivered by him / her or an address specified by him / her. If the other party refuses to take delivery or fails to provide the necessary information or instructions to be able to proceed with delivery, the goods will be stored at the expense and risk of the other party. If the goods should be delivered to an address to be indicated by the other party, the costs of transport from the delivery address to the place of storage will be borne by the other party, as well as the costs for the transport from that storage location to the final location. of delivery. Other reasonably incurred costs will then also be borne by the other party.

3. The other party can request in advance a specification of the transport costs involved in returning goods. The other party is responsible for delivering the returned goods in their original condition to Rotterdam Plastics.

ARTICLE 4. DELIVERY TIME.

Rotterdam Plastics strives to deliver the goods within 48 hours after receipt of payment. An agreed delivery time is not a deadline, unless explicitly agreed otherwise in writing. The other party must therefore give Rotterdam Plastics written notice of default.

ARTICLE 5. PARTIAL DELIVERIES.

Rotterdam Plastics is at all times permitted to deliver purchased goods in parts and to invoice these parts separately.

ARTICLE 6. TECHNICAL REQUIREMENTS AND STANDARDS.

If the goods to be delivered must be used outside the Netherlands and these goods must comply with the technical requirements or standards prescribed by the government in that country, Rotterdam Plastics is solely responsible for the delivery of the goods that meet those technical requirements. and / or standards if prior to the conclusion of the purchase agreement, the customer has stated in writing the specific applicable statutory technical requirements and standards and has also made them part of the agreement. All other technical requirements set by the other party for the goods to be delivered and which deviate from the normal specifications of the goods provided by Rotterdam Plastics must also be explicitly reported in writing by the other party when concluding the purchase agreement.

ARTICLE 7. SAMPLES, MODELS AND EXAMPLES.

If a sample, model or example is shown or provided by Rotterdam Plastics, this sample or model will be deemed to have been provided by way of indication only. The quality of the goods to be delivered may differ from the sample, model or example deviate, unless it is guaranteed in writing that the goods will be delivered in accordance with the sample, model or example shown and / or provided. When Rotterdam Plastics provides drawings or models in quotations or agreements, these remain the property of Rotterdam Plastics at all times, unless expressly agreed otherwise in writing.

ARTICLE 8. CHANGES TO THE GOODS TO BE DELIVERED.

Rotterdam Plastics is authorized to deliver goods that deviate from what has been agreed, if it concerns changes in the packaging of those goods or associated documentation that are required to comply with applicable statutory regulations or if the changes are minor in nature and that improve the goods to be delivered mean at the discretion of Rotterdam Plastics. Minor deviations in the colour scheme, the dimensions or the weight, which according to good commercial practice fall within common tolerances, do not constitute grounds for complaints, destruction or dissolution. The other party is aware that the chance of the aforementioned deviations increases with partial and / or subsequent delivery.

ARTICLE 9. TERMINATION OF THE AGREEMENT.

1. The claims of Rotterdam Plastics on the other party are immediately due and payable in the following cases:

• if after the conclusion of the agreement Rotterdam Plastics becomes aware of circumstances that give Rotterdam Plastics good grounds to fear that the other party will not be able to fulfil its obligations under the relevant agreement towards Rotterdam Plastics, or not in time or in full.
• If the other party does not provide, or does not provide to a sufficient extent, the security requested at the time of closing for the fulfilment of its obligation to Rotterdam Plastics.

2. In the above-mentioned cases, Rotterdam Plastics is authorized to suspend the further execution of the agreement or to dissolve the agreement, all this without prejudice to the right of Rotterdam Plastics to claim compensation. If circumstances arise of a personal and / or material nature that Rotterdam Plastics uses or tends to use for the fulfilment of the agreement and are of such a nature that the performance of the agreement for the benefit of the other party becomes impossible, or becomes so inconvenient and / or disproportionately expensive that compliance with the agreement can no longer reasonably be expected of Rotterdam Plastics, Rotterdam Plastics is authorized to dissolve the agreement without the other party being entitled to any compensation or reimbursement of costs.

ARTICLE 10. WARRANTY.

1. The guarantee obligation of Rotterdam Plastics does not extend further to what the producer of that product guarantees towards Rotterdam Plastics, unless expressly agreed otherwise.
2. Rotterdam Plastics is not responsible for the suitability of the case for a specific intended use, this risk lies with the counterparty, unless this is explicitly stated in writing by Rotterdam Plastics when concluding the agreement.

ARTICLE 11. RESERVATION OF OWNERSHIP.

1. All goods delivered by Rotterdam Plastics remain the property of Rotterdam Plastics until the other party has fulfilled all obligations under all agreements concluded with Rotterdam Plastics, including:

• the consideration with regard to goods delivered, previously delivered and unpaid or to be delivered.
• the consideration with regard to services provided or to be provided by Rotterdam Plastics under the purchase agreement (s).
• any claims for damages, costs and interest due to incorrect fulfillment by the other party of the purchase agreement (s) with Rotterdam Plastics.

2. Goods delivered by Rotterdam Plastics that are subject to retention of title pursuant to the above paragraph, may only be resold in the context of normal business operations. The other party is explicitly not authorized to pledge these items or to establish any other right on them.

3. If the other party does not fulfill its obligations under agreements or if there is a well-founded fear that it will not do so in the opinion of Rotterdam Plastics, Rotterdam Plastics is entitled to delivered goods that are subject to the aforementioned retention of title from the other party or third parties who keep the goods away from the other party. to be removed or to have them removed, whereby the other party undertakes to cooperate fully in this regard and also to instruct the third parties who may hold the goods for the other party to also cooperate fully. If the other party fails to comply with the provisions of this paragraph, it will forfeit a fine of 10% of the amount owed by it to Rotterdam Plastics, without prejudice to the right of Rotterdam Plastics to remove the goods or have them removed.

4. If third parties wish to have any right to the goods delivered under retention of title establish or wish to assert any right to those items, the other party is obliged to immediately inform Rotterdam Plastics in writing of such wishes or intentions. Rotterdam Plastics is therefore entitled to take ownership of it. The other party must cooperate in this. To insure the goods delivered under retention of title and to keep them insured against fire, explosion or water damage and against theft and also to provide a copy of the relevant policy to Rotterdam Plastics upon first request.

• to pledge all claims of the other party on insurers or third parties if the goods are not covered by the relevant insurance or are not insured up to the goods delivered under retention of title to Rotterdam Plastics on first request in the legally prescribed manner.
• to pledge the claims that the other party obtains towards its customers when reselling goods delivered by Rotterdam Plastics under retention of title to Rotterdam Plastics on first request in the manner prescribed by law.To mark the goods delivered under retention of title at first request as the property of Rotterdam Plastics in the manner indicated by Rotterdam Plastics, or to give Rotterdam Plastics the opportunity to do so immediately.
• To cooperate in all other ways with reasonable measures that Rotterdam Plastics wishes to take to protect its right of ownership with regard to the goods, which are delivered under retention of title and which do not unreasonably hinder the other party in the normal conduct of its business. This, if desired, also includes the sinful letting of part of the other party's property to Rotterdam Plastics and then placing the goods delivered by Rotterdam Plastics under retention of title there.

ARTICLE 12. DEFECTS: COMPLAINT TERM.

1. If possible, the other party must examine the purchased goods immediately upon delivery or as soon as possible thereafter, or have them examined, no later than five days after delivery. The other party must thereby check whether the delivered goods comply with the agreement concluded, namely

• whether the correct goods have been delivered.
• whether the goods correspond with what was agreed in terms of quantity.
• and / or the goods delivered meet the expressly agreed quality requirements or, if these do not meet the requirements that may be expected according to Dutch commercial practice.

2. If visible defects or shortages are found, the other party must report these to Rotterdam Plastics in writing within 8 days after delivery.

3. Invisible defects must be reported to Rotterdam Plastics in writing by the other party within 3 days after discovery, but no later than 30 days after delivery.

4. Failure to observe the aforementioned investigation and / or notification periods will result in the other party no longer being able to assert any rights against Rotterdam Plastics under the relevant agreement, without prejudice to the other party's obligation to fulfil its obligations under the agreement towards Rotterdam Plastics. .

ARTICLE 13. PAYMENT.

1. For orders via the web shop, payment can be made in the following ways per Dutch legal tender: Cash payment (pick up) - Pin payment (pick up) - per bank transaction - per iDeal. Payments must be made before delivery at the offices of Rotterdam Plastics, unless otherwise agreed. In that case, the following applies; Payment must be made in Dutch legal tender at the office of Rotterdam Plastics within 30 days of the invoice date, or the amount due must be credited to the bank account of Rotterdam Plastics within 30 days of the invoice date. If the period of 30 days after the invoice date has passed without payment having been made, the other party will be in default by operation of law without any summons or notice of default being required. From the moment of the occurrence of default, the other party owes Rotterdam Plastics default interest on the amount due, equal to the statutory interest plus 2%.

 

2. In the event of liquidation of the other party, or bankruptcy or suspension of payment of the other party, or an application for bankruptcy or suspension of payment of the other party, all payment obligations towards Rotterdam Plastics are immediately due and payable.

3. The other party is never entitled to suspend or set off claims it has or pretends to be against Rotterdam Plastics, except insofar as Rotterdam Plastics gives express written permission for settlement of the relevant claims.

4. The payments made by the other party, despite any notification to the contrary by the other party upon payment, always serve to settle in the first place all interest and costs due, each time first on the oldest invoices, and in the second place to settle the oldest due and payable invoices. invoices.

ARTICLE 14. COLLECTION COSTS.

1. If the other party is in default or in default with the fulfilment of one or more of its obligations towards Rotterdam Plastics, all judicial and extrajudicial costs, with a minimum of 15% of the principal sum, will be incurred in order to obtain or realize the fulfilment of those obligations out of court. account of the other party.

2. As proof of any costs, invoices from third parties engaged by Rotterdam Plastics serve as full proof.

ARTICLE 15. FORCE MAJEURE.

1. Shortcomings in the fulfilment of the obligations arising from the agreement can never be invoked against Rotterdam Plastics. Nor can it be held liable for this if these shortcomings are not due to its fault, nor should it be for its account under the law, the agreement and / or generally accepted standards.

2. Force majeure includes, but is not limited to:

• the circumstance that Rotterdam Plastics does not receive a performance that is important for the performance to be delivered by it to the other party, even if such a failure could possibly have been foreseen;
• strikes, punctuality actions or any other action by or on behalf of employees of Rotterdam Plastics or by or on behalf of employee organizations;
• disruptions or delays in traffic;
• government measures that prevent Rotterdam Plastics from fulfilling its obligations in a timely manner or properly and / or in full.
• a general lack of necessary raw materials and other goods or services required to achieve the agreed performance. This will also be present when the costs of these raw materials required for the agreed performance have increased significantly in price after the conclusion of the agreement.
• excessive absenteeism by employees of Rotterdam Plastics.

3. If the performance is delayed by more than one month due to force majeure, each of the parties is entitled, to the exclusion of further rights, to dissolve the agreement, without Rotterdam Plastics being obliged to pay any compensation for damage by the other party or third parties or any other guarantee. including consequential damage from both the other party and third parties.

4. Rotterdam Plastics also has the right to invoke force majeure of this agreement if the circumstance that prevents compliance occurs after Rotterdam Plastics should have already fulfilled its obligation.

5. Insofar as Rotterdam Plastics has already partially fulfilled its obligations or can only partially fulfil its obligations when the force majeure commences, it is entitled to separately invoice the part already delivered or the part still to be delivered and the other party is obliged to pay this invoice. as if it were a separate agreement. However, this does not apply if the part that has already been delivered or is still available for delivery has no independent value according to objective standards, whereby the intended use does not play a role for the other party.

ARTICLE 16. LIABILITY.

1. Rotterdam Plastics is not liable for any damage whatsoever, in particular as a result of business and / or personal injury suffered by the other party and / or its employees and / or third parties as a direct and / or indirect result of defects in goods including tools and / or services supplied with that good, as well as the conduct of its employees and / or third parties engaged by it, all this without prejudice to the legal liability with regard to product liability and / or intent or gross negligence of Rotterdam Plastics and / or its employees.

2. In the event that Rotterdam Plastics is held liable despite the provisions of the previous paragraph, it is only obliged to compensate the damage that is paid out in the relevant case under the insurance taken out by Rotterdam Plastics, or if Rotterdam Plastics is not insured in the relevant case. that Rotterdam Plastics can recover this damage from third parties.

3. Rotterdam Plastics is never liable for damage and / or costs as a result of delays in the delivery of the goods to be delivered by Rotterdam Plastics, nor for consequential damage, nor for direct or indirect damage by third parties.

4. Insofar as Rotterdam Plastics would be held liable on the basis of product liability with regard to goods delivered by Rotterdam Plastics, the defect that has caused or contributed to the damage in question is deemed to have been caused by the actions of the other party, insofar as it does not fulfil its obligation to immediately inspection of the delivered goods, or he has not noticed the defect despite inspecting the goods, while it could reasonably be expected that he would have noticed the defect upon expert inspection. In such a case, the other party indemnifies Rotterdam Plastics against claims from third parties, including employees of the other party.

5. If, despite the above, Rotterdam Plastics is considered liable for any damage, or consequential damage, it will not be obliged to compensate the other party for any compensation in excess of the value of the delivered goods if the price of the delivered goods is not in proportion to the other party directly or indirectly suffered damage. This is in any case considered to be the case if the damage amounts to more than five times the price of the relevant delivered goods.

ARTICLE 17. COMPETENT COURT.

Contrary to the legal rules for the jurisdiction of the civil court, any dispute between the other party and Rotterdam Plastics, without prejudice to the legal rules of jurisdiction with regard to the jurisdiction of the subdistrict court, will be settled by the district court in Rotterdam. However, Rotterdam Plastics also remains authorized to summon the other party to appear before the competent court according to the law or the applicable international law.

ARTICLE 18. APPLICABLE LAW.

1. Dutch law applies to every agreement between Rotterdam Plastics and the other party, to the exclusion of the Vienna Sales Convention.

2. Insofar as any provision or part of a provision of these general terms and conditions or of the agreement to which these general terms and conditions apply are void, the other provisions of these general terms and conditions will remain in force.