{"id":18635,"date":"2025-09-18T11:12:22","date_gmt":"2025-09-18T11:12:22","guid":{"rendered":"https:\/\/electrotool.nl\/?page_id=18635"},"modified":"2025-09-18T11:20:11","modified_gmt":"2025-09-18T11:20:11","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/electrotool.nl\/en\/terms-and-conditions\/","title":{"rendered":"Terms and conditions"},"content":{"rendered":"

Article 1 \u2013 General Provisions<\/strong><\/h2>\n

1.1 Definitions<\/strong>
For the purposes of these General Terms and Conditions, the following definitions shall apply:<\/p>\n

a) \u201cCustomer\u201d<\/strong>: the legal or natural person who enters into or intends to enter into a legal relationship with the Supplier, including the party to whom the Supplier addresses any offer, quotation, advice, order confirmation, or delivery of Products and\/or Services.<\/p>\n

b) \u201cSupplier\u201d<\/strong>: the party applying these General Terms and Conditions in connection with the supply of Products and\/or Services.<\/p>\n

c) \u201cProducts\u201d<\/strong>: all goods supplied or to be supplied by the Supplier, including but not limited to machinery, equipment, tools, hardware, software, capital goods, consumables, spare parts, and related documentation.<\/p>\n

d) \u201cServices\u201d<\/strong>: all activities performed or to be performed by the Supplier, including, without limitation, development, installation, assembly, maintenance, servicing, training, and repairs.<\/p>\n

e) \u201cTerms and Conditions\u201d<\/strong>: these General Terms and Conditions of Sale, Delivery, and Services.<\/p>\n

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1.2 Applicability<\/strong>
These Terms and Conditions shall apply to all offers, quotations, order confirmations, agreements, and any related legal acts of the Supplier concerning the supply of Products and\/or Services, to the exclusion of any general terms and conditions of the Customer, unless otherwise expressly agreed in writing by the Supplier.<\/p>\n

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1.3 Deviations<\/strong>
Any deviations from these Terms and Conditions shall only be valid if explicitly agreed upon in writing by the Supplier. Such deviations shall not affect the validity and enforceability of the remaining provisions.<\/p>\n

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Article 2 \u2013 Formation of the Agreement<\/strong><\/h2>\n

2.1 Non-binding offers<\/strong>
All offers, quotations, and advice issued by the Supplier are non-binding and may be withdrawn by the Supplier at any time prior to acceptance in writing by the Supplier.<\/p>\n

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2.2 Formation<\/strong>
A binding agreement shall only be deemed to have been concluded once the Supplier has confirmed the Customer\u2019s order in writing or has commenced execution thereof, including but not limited to delivery of Products or commencement of Services.<\/p>\n

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2.3 Documentation not binding<\/strong>
All documents and data provided by the Supplier, including but not limited to drawings, specifications, descriptions, measurements, and weights, are provided solely for indicative purposes and shall not be binding unless expressly confirmed in writing.<\/p>\n

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2.4 Ownership of information<\/strong>
All documents, data, tools, models, and software provided by the Supplier shall remain the exclusive property of the Supplier, even if costs have been charged to the Customer. The Customer shall not reproduce, disclose, or share these with third parties without the Supplier\u2019s prior written consent, except insofar as necessary for the execution of the agreement.<\/p>\n

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2.5 Customer\u2019s obligation to provide information<\/strong>
The Customer shall provide all data, permits, consents, and other information required for the proper execution of the agreement in a timely and accurate manner. The Customer warrants that such information is complete, accurate, reliable, and does not infringe upon any third-party rights or applicable laws and regulations.<\/p>\n

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2.6 Personal data<\/strong>
If personal data is processed in connection with the execution of the agreement, the parties shall enter into a separate written agreement to ensure compliance with applicable data protection laws and regulations, which shall be annexed to the main agreement.<\/p>\n

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Article 3 \u2013 Prices<\/strong><\/h2>\n

3.1 Pricing<\/strong>
Unless expressly agreed otherwise in writing, all prices shall be stated in Euros, exclusive of packaging, transportation, insurance, VAT, and any other governmental charges or levies, and are based on delivery Ex Works<\/strong> (Incoterms 2020).<\/p>\n

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3.2 Installation and assembly<\/strong>
Prices do not include costs for placement, installation, or assembly unless explicitly agreed otherwise in writing.<\/p>\n

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3.3 Price adjustments<\/strong>
The Supplier shall be entitled to adjust the prices if, after the conclusion of the agreement, cost-increasing factors arise, including but not limited to fluctuations in exchange rates, increases in wages, raw materials, transport costs, or government-imposed levies.<\/p>\n

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Article 4 \u2013 Payment Terms<\/strong><\/h2>\n

4.1 Creditworthiness<\/strong>
The Supplier may, at its sole discretion, require proof of the Customer\u2019s creditworthiness prior to accepting any order or commencing performance.<\/p>\n

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4.2 Security for payment<\/strong>
Upon the Supplier\u2019s request, the Customer shall provide adequate security for the proper fulfillment of its payment obligations.<\/p>\n

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4.3 Payment deadline<\/strong>
Unless agreed otherwise in writing, payments must be made within thirty (30) days of the invoice date, without set-off or suspension. Products shall not be used, resold, or otherwise disposed of until full payment has been received.<\/p>\n

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4.4 Default<\/strong>
If payment is not made on time, the Customer shall be in default by operation of law and shall owe statutory commercial interest plus three percent (3%) per annum, as well as all reasonable costs of collection, both judicial and extrajudicial.<\/p>\n

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4.5 Advance payments<\/strong>
The Supplier may at any time demand full or partial advance payment prior to the execution of the agreement.<\/p>\n

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4.6 Disputes regarding invoices<\/strong>
Any complaints regarding invoices must be submitted in writing to the Supplier within fourteen (14) days of the invoice date. After this period, the Customer shall be deemed to have accepted the invoice as correct and undisputed.<\/p>\n

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4.7 Insolvency<\/strong>
In the event the Customer is declared bankrupt, applies for a moratorium, is liquidated, or otherwise ceases its activities, all amounts due by the Customer to the Supplier shall become immediately payable in full.<\/p>\n

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Article 5 \u2013 Delivery, Transfer of Risk, Transport, and Packaging<\/strong><\/h2>\n

5.1 Delivery period<\/strong>
Delivery times provided by the Supplier are indicative only and shall not constitute binding deadlines.<\/p>\n

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5.2 Commencement of delivery period<\/strong>
The delivery period shall commence on the latest of the following dates:
a) the date on which the agreement is concluded;
b) the date on which the Supplier has received all information and documents required for execution of the agreement;
c) the date on which the Supplier has received any agreed advance payment.<\/p>\n

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5.3 Delay<\/strong>
A delay in delivery shall not entitle the Customer to terminate the agreement, suspend performance, or claim damages, unless the delay is caused by gross negligence or willful misconduct on the part of the Supplier.<\/p>\n

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5.4 Delivery terms<\/strong>
Unless otherwise agreed in writing, delivery shall take place Ex Works<\/strong> (Incoterms 2020).<\/p>\n

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5.5 Transfer of risk<\/strong>
The risk of loss or damage to the Products shall transfer to the Customer at the time of delivery, irrespective of whether installation or assembly by the Supplier is still pending.<\/p>\n

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5.6 Inspection<\/strong>
The Customer shall inspect the Products immediately upon receipt for visible defects and shall notify the Supplier in writing of any such defects without delay. Failure to do so shall be deemed acceptance of the Products.<\/p>\n

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5.7 Storage<\/strong>
If the Customer fails to take timely delivery of the Products, the Supplier may store the Products at the Customer\u2019s expense and risk.<\/p>\n

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5.8 Partial deliveries<\/strong>
The Supplier shall be entitled to make partial deliveries and invoice such deliveries separately.<\/p>\n

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Article 6 \u2013 Retention of Title<\/strong><\/h2>\n

All Products delivered shall remain the property of the Supplier until full payment of all amounts due by the Customer, including interest and costs, has been received.
Until such time, the Customer shall store the Products separately and shall adequately insure them against loss, damage, fire, and theft.<\/p>\n

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Article 7 \u2013 Suspension and Termination<\/strong><\/h2>\n

The Supplier may, without prejudice to any other rights, suspend performance or terminate the agreement in whole or in part with immediate effect if:<\/p>\n