Art. 1 General
1.1. These terms and conditions apply to all offers, orders to and agreements with Budget Hearses BV located at Ambachtstraat 50 in (5804 CD) Venray, Chamber of Commerce no.: 80262252 and the Other Party and any resulting agreement.
1.2 Clauses that differ from these terms and conditions only bind Budget Hearses BV if they have been expressly confirmed in writing by Budget Hearses BV and apply only to that specific case and/or that specific agreement.
1.3 The applicability of other general terms and conditions is excluded. The present terms and conditions always apply to all subsequent agreements between Budget Hearses BV and the Other Party.
1.4 If one or more provisions of these terms and conditions are null and void or should be annulled, the other provisions of these terms and conditions will remain in force.
1.5 In the event of a conflict between these terms and conditions with other general terms and conditions, the provisions of these terms and conditions prevail.
Art. 2 Offer
2.1 All offers and quotes from Budget Hearses BV are without obligation, unless they include a period for acceptance, in which case the offer expires after the end of this period. An offer expires as soon as the offer has been revoked by Budget Hearses BV.
2.2 Statements by/on behalf of Budget Hearses BV of weight, dimensions, temperature, power, speed, fuel or energy consumption, emission values, etc. are always approximate and are not binding on Budget Hearses BV. Monsters, models, demos, and images are shown by way of indication only. Budget Hearses BV is not bound by the content of brochures and/or technical specifications from manufacturers and specifications compiled by Budget Hearses BV. Budget Hearses BV is entitled to make changes in execution and/or technical specifications by the manufacturer at any time without the Other Party being able to assert any claim against Budget Hearses BV in this regard.
2.3 Prices in offers are - unless explicitly stated otherwise - in euros, excluding VAT and BPM and other government levies, fees, taxes, as well as excluding storage, shipping and any transport, repair, travel, assembly and packaging costs, unless the parties to the agreement have expressly agreed otherwise. Unless expressly agreed otherwise, delivery takes place on the basis of “EXW (ExWorks) Venray”.
2.4 If Budget Hearses BV arranges for the shipment of the goods sold, Budget Hearses BV will always charge the associated additional costs separately.
2.5 A composite quote does not oblige Budget Hearses BV to carry out part of the order at a corresponding part of the specified price.
2.6 Offers and/or quotes do not apply to subsequent orders.
Article 3 Client details
3.1 The Other Party is at all times fully independently responsible for the accuracy and completeness of the data, drawings, calculations, designs stated in the request or attached to it or in addition to it. Budget Hearses BV will base the offer on the information provided by or on behalf of the Other Party and is never obliged to independently investigate the accuracy and completeness of that information as referred to in the first sentence of this article paragraph.
3.2 The Other Party is at all times responsible for obtaining the permits necessary for import or export as well as for obtaining the permits necessary to use the goods supplied by Budget Hearses BV at the place or country of residence of the Other Party.
3.3 The Other Party is at all times obliged to provide Budget Hearses BV with all the identity details of the Other Party (legal person) such as business and office addresses, acts of incorporation, records and all data relating to and proof of identity of the natural person (s) who is/are (ultimately) interested in the Other Party (legal person) or have actual control therein to Budget Hearses BV or any other evidence or information to provide Budget Hearses BV that Budget Hearses BV pursuant to the current regulations, its Other Party is obliged to include it in the administration of Budget Hearses BV.
Art. 4 Delivery and risk transfer
4.1 Specified delivery times and/or specified delivery dates are at all times approximate and will never be considered as firm deadlines, even if the agreement specifies a date for delivery to a carrier, unless it has been expressly agreed in writing that the delivery date is a fatal deadline.
4.2 The specified delivery times and/or delivery dates are based on the (work) circumstances applicable at the time of conclusion of the agreement and on timely delivery of the vehicles, materials and/or parts ordered for the execution of the agreement or work. If Budget Hearses BV requires information from the Other Party in the context of the execution of the agreement, the delivery time commences after the Other Party has made it completely available to Budget Hearses BV.
4.3 Unless otherwise agreed in writing, delivery takes place “EXW (ExWorks) Venray”, and at the times set by Budget Hearses BV, which times will be provided to the Other Party in time by Budget Hearses BV.
4.4 The Other Party is obliged to receive the item at the established delivery times. When the item or goods to be delivered are available or offered for delivery to the Other Party, but are not purchased by the Other Party, including failure by the Other Party to provide information or instructions that are necessary for the delivery and/or non-payment of the (term) payment agreed for delivery or failure to provide security, delivery will take place by a written notice from Budget Hearses BV and the goods will be at the risk of the Counterparty. In that case, Budget Hearses BV is entitled to store the goods at a location to be specified by Budget Hearses BV at the risk of the Other Party and all resulting costs, including building, insurance, freight and storage costs, will be borne by the Other Party. In that case, all claims of Budget Hearses BV against the Other Party are immediately due and payable. In this case, Budget Hearses BV is only obliged to actually hand over the goods to the Other Party after the Other Party has fulfilled all (payment) obligations arising from the agreement, including payment of the aforementioned costs.
4.5 If Budget Hearses BV delivers the goods to the Other Party, this will always be done at the delivery address last known by the Other Party to Budget Hearses BV. In the event of delivery other than EXW Venray, at the request of the Other Party, Budget Hearses BV is entitled to charge the Other Party additional costs associated with this.
The risk of transporting and delivering goods outside the business premises of Budget Hearses BV, regardless of whether the transport is carried out by Budget Hearses BV or third parties, is at the expense of the Other Party.
4.6 The risk of the item passes to the Other Party at the time of delivery, even if the ownership of the item has not been transferred to the Other Party by Budget Hearses BV.
4.7 In the event of trade-in, the value to be paid by Budget Hearses BV to the Other Party — which is deducted from the purchase price of what was purchased by the Other Party on the date of delivery — is based on the information provided by the Other Party with regard to year of construction, mileage and damage and/or accident history, and also based on the premise that the item to be exchanged is completely free of damage on the date of exchange. claims from third parties for whatever reason. The risk of the item to be exchanged is only transferred to Budget Hearses BV upon receipt of this item. Budget Hearses B.V. Until the moment of receipt by Budget Hearses BV, the item to be exchanged is entirely at the expense and risk of the Other Party.
4.8 If, on the date of actual exchange, it appears that a statement provided by the Other Party concerning essential information such as year or mileage, damage and/or accident history of the item to be exchanged is incorrect or if it appears that the item to be exchanged is damaged at the time of actual delivery or that third-party claims are subject to and/or the item to be exchanged is in a lower condition than agreed at the time of the exchange, the trade-in will be at Budget's discretion Hearses BV is either dissolved or against a lower party with the The other party agrees amount.
4.9 The termination of the trade-in under article 4.8 does not affect the Other Party's obligation to comply with the purchase agreement and pay the full agreed price without deducting the equivalent value of the item to be exchanged.
Art. 5 Retention of title
5.1 Goods delivered and/or to be delivered by Budget Hearses BV remain the property of Budget Hearses BV until the Other Party has fully fulfilled all obligations towards Budget Hearses BV, including claims for failure to comply with any agreement with Budget Hearses BV.
5.2 The Other Party is expressly not allowed to pledge the items subject to retention of title, or otherwise encumber, dispose of, rent or hand them over to third parties under any name.
5.3 If third parties seize or want to establish or assert any right to the goods delivered under retention of title, the Other Party is obliged to inform Budget Hearses BV as soon as reasonably expected and also to inform the relevant third parties that Budget Hearses BV owns these items and to also do everything possible to prevent or cancel such attachments or rights.
5.4 In the event that Budget Hearses BV wishes to exercise its property rights specified in this article, the Other Party already gives unconditional and irrevocable permission to Budget Hearses BV or third parties appointed by Budget Hearses BV to enter all those places where Budget Hearses BV's properties are located and to take back and take those items back and take control of those items and the Other Party also fully cooperates with that takeback.
5.5 The Other Party is obliged at Budget Hearses BV's first request
Art. 6 Force majeure
6.1 Budget Hearses BV is not obliged to comply with any obligation if Budget Hearses BV is prevented from doing so as a result of a circumstance that is not due to gross negligence or intent on the part of Budget Hearses BV, and is not borne by Budget Hearses BV under the law, legal act or generally accepted beliefs.
6.2 In these terms and conditions, force majeure includes, in addition to what is understood in the law and case law, all external causes, foreseen or unforeseen, over which Budget Hearses BV cannot influence, but which prevent Budget Hearses BV from fulfilling its obligations.
Strikes in the company Budget Hearses BV or its suppliers, computer and power failures, traffic jams, bad weather conditions, (government measures as a result of) epidemics/pandemics, import and export barriers, theft, fire and stagnation in the delivery of goods and parts by suppliers are included.
6.3 Budget Hearses BV can suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than three months, each of the parties is entitled to terminate the agreement without being obliged to pay compensation to the other party.
6.4 Insofar as Budget Hearses BV has already partially fulfilled or will be able to fulfil its obligations under the agreement at the time of the occurrence of force majeure, and the part fulfilled or to be fulfilled has independent value, Budget Hearses BV is entitled to separately declare the part already fulfilled or to be fulfilled.
Art. 7 Price
7.1 Any quote by Budget Hearses BV is free of charge and exclusive of VAT, unless the parties have agreed otherwise. The quotes apply to EXW Venray delivery.
7.2 Budget Hearses BV may pass on price increases occurring after issuing a quote if there have been price changes of more than 5% between the time of offer or quote and execution of the agreement/delivery of the goods with regard to, for example, social security charges, turnover tax, exchange rates, wages, raw materials, semi-finished products or packaging material.
Art. 8 Payment
8.1 Unless otherwise agreed in writing, payment by the Other Party must be made in cash, at the latest prior to delivery of the goods or immediately prior to delivery of the work carried out. These payment terms are considered final terms upon the expiration of which the other party is in default.
8.2 Budget Hearses BV is at all times entitled to require prepayment for all or part of the purchase price and/or otherwise invoiced by Budget Hearses BV under the agreement, or to require a bank guarantee or other Budget Hearses BV convenient security, without prejudice to Budget Hearses BV's right of retention.
8.3 If payment is agreed after delivery or delivery, the Other Party is obliged to pay the price due within 14 days of the invoice date, which period is also a deadline.
8.4 Any right to suspension, discount and/or settlement by the Other Party is expressly excluded, unless otherwise agreed in writing.
8.5 Payment must be made in EURO, at least the currency in which the invoice was made, unless it has been agreed in writing that this can be done in other currencies.
8.6 In the event of non-payment within the terms set out above in this article, contractual interest is due, equal to an interest rate of 1% per month, with part of the month being counted as a full month, commencing the first day of the payment terms mentioned above in this article.
8.7 In the event of non-payment within the periods mentioned above in this article, all reasonable costs of obtaining payment out of court will be borne by the Other Party, in accordance with the scale of article 2 of the Extrajudicial Cost Compensation Decree with a minimum of EUR 40.
8.8 Payments made by the Other Party are always primarily intended to pay all interest and costs due and then to deduct the principal amount, with the payments being attributed to claims under the agreements that have been due for the longest period of time.
Art. 9 Liability
9.1 Without prejudice to the provisions regarding the warranty, Budget Hearses BV is never liable for damage, regardless of the nature and extent of the damage, unless it is due to intent and gross negligence on the part of Budget Hearses BV or Budget Hearses BV's management subordinates.
9.2 In the event that Budget Hearses BV should be liable for damage, liability is at all times limited to direct damage to property or persons and never extends to any business loss or other consequential loss, including loss of profit or income, unless - as proven by the Other Party - there is intent or gross negligence on the part of Budget Hearses BV or one of Budget Hearses BV's management.
9.3 In the event that Budget Hearses BV should be liable for damage, Budget Hearses BV's liability is also at all times limited to that damage and at most to those amounts that Budget Hearses BV is insured or should reasonably have been insured against, in view of the practices applicable in the industry. In the event that Budget Hearses BV is insured, liability is limited to the amount that is actually paid out under the relevant insurance.
9.4 Insofar as the provisions of the previous paragraph cannot be a measure for limiting Budget Hearses BV's liability, for example because no insurance has been taken out and insurance is not common or could not reasonably be obtained, the amount of liability will be limited to the invoice amount charged to the Other Party for the performance in question.
9.5 The provisions of articles 9.2 to 9.4 only apply to the extent that liability under the law or agreement (including the provisions of these general terms and conditions) is not already further limited, in which case that further limitation of liability prevails.
9.6 Except in the case of intent or gross negligence to be demonstrated by the Other Party, Budget Hearses BV is never liable for any damage, theft (including loss) to goods owned by the Other Party and/or third parties, including but not limited to cargo, inventory, mobile communication tools, computer equipment, written records, securities, cash and electronic means of payment, that are in or on the property of Budget Hearses BV for whatever reason has involved, with the exception of damage to motor vehicles , trailers and trailers themselves.
9.7 Any liability of Budget Hearses BV is at all times limited to a maximum of €15,000. The right to compensation expires in any case twelve (12) months after the event causing the damage and for which Budget Hearses BV is liable, without prejudice to the provisions of art. 6:89 of the Dutch Civil Code.
Art. 10 Indemnification
10.1 The Other Party indemnifies Budget Hearses BV against all claims in respect of any damage caused directly or indirectly to third parties by or in connection with the delivered item or goods, or their possession or use, in any form, insofar as this goes beyond Budget Hearses BV's liability towards the Other Party, pursuant to the provisions of these general terms and conditions.
10.2 The Other Party indemnifies Budget Hearses BV against all claims by the Other Party and third parties caused by a defect in the delivered item or goods, which is partly caused by the conduct of the Other Party or a person for whom the Other Party or the injured party is liable, including the production or modification by Budget Hearses BV of goods in accordance with the Other Party's instructions.
10.3 Should the provisions of this article be found to be unreasonably onerous in court proceedings, only those damages for which Budget Hearses BV is insured will be eligible and, in that case, liability will be limited to a maximum of the amount for which Budget Hearses BV is insured and, in that case, to the amount that is paid out under the insurance in that case, or to a maximum of the amount for which Budget Hearses BV should reasonably have been insured, including having regard to the matter in the industry-applicable habits.
Art. 11 Disputes and applicable law
11.1 All offers, orders to and all agreements with Budget Hearses BV are exclusively governed by Dutch law, excluding the Vienna Sales Convention.
11.2 All disputes arising from an agreement with the Other Party or agreements resulting therefrom will be exclusively settled by the competent court within the jurisdiction of the Rotterdam District Court.
Art. 12 Translations
The Dutch text of these General Terms and Conditions prevails over (any) translation (s) thereof.
