Tomboka

General terms and conditions

In the absence of special conditions arising from the correspondence of the parties, the following general conditions for supplies and work orders, printed on or in attachment to letterheads, offers, invoices or other documents, shall be regarded as having been written and shall be regarded as having been accepted in their entirety and without any discrepancy by the persons who have received them without any objection being raised.

1. The client is always understood to mean the person who has given the order; the supplier is understood to mean the person who has accepted the order.

2. The supplier’s offers are without obligation and subject to sale or sufficient stock. They shall be subject to revision if wages or the prices of the raw materials increase. Quotations shall always be drawn up without mentioning possible charges and taxes, which shall always be for the account of the client.

3. In the case of composite quotations, there is no obligation to deliver a part against a corresponding part of the price indicated for the whole.

4. Since the delivery times may be affected by the actions of third parties (suppliers or subcontractors) and by cases of chance or force majeure – such as the impossibility of performance as a result of a general or partial strike or lock-out either in our institutions or in those of our suppliers, uproar, riots, accidents, machine breakdowns, lack of means of transport or of materials, epidemics, fire, etc. – they cannot be regarded as an express obligation.
Late delivery may not lead to refusal or to any compensation, unless otherwise stipulated. The agreed delivery periods shall be prolonged to the extent that the customer has failed to submit the documents and data and materials to be processed, as well as to return any corrected proofs. This delay on the part of the client may also constitute grounds for compensation on account of the uselessness of machines and equipment.
The periods specified in the order shall only start to run from the working day following the issue of the necessary documents and data and materials to be processed. If the execution of an order, at the request of the client costs within a shorter period than the normal or anticipated period, should cause additional costs, then these costs will be charged to the client.

5. In order to be valid, any complaint must be made by registered letter and within eight days following the delivery. If the client fails to take delivery, the period of eight days starts to run upon receipt of the dispatch note or any equivalent document. In the absence of such a provision, the period shall start to run from the date of receipt of the invoice. If no complaint is received within this period of eight days, this means that the customer has accepted the delivered articles completely and in their totality. The partial use of the delivered articles also results in the acceptance of the whole; defects in a part of the delivered articles do not give the client the right to reject the whole.

6. In the event of non-conformity of delivery as a result of errors, poor workmanship, etc., the supplier shall never be liable for more than the refund or partial refund of the price of the non-conforming part of the purchase. The supplier declines any further responsibility. Defects in the materials that were hidden from the supplier will not affect his responsibility and will not give rise to a claim for damages.

7. Delivery to the supplier’s home. Freight and packaging costs are at the expense of the client. The goods travel at the risk of the latter.

8. An advance, equal to one third of the amount of each order, will have to be paid upon confirmation. The same advance shall be paid when the order for completion is submitted. Invoices are payable in cash at the supplier’s place of residence. In the event of non-payment on the invoice date, interest of 12% will be charged by operation of law and without notice of default on the outstanding amount.
If an invoice is not paid within 15 days of receipt of a registered letter, an additional fee, equal to 10% of the invoice amount, with a minimum of EUR 50, will be applied. The bills of exchange, cheques, mandates or receipts do not imply renewal or derogation.
Non-payment on the agreed date shall, automatically and without formal notice, oblige the client to pay interest on the outstanding amount, based on the national discount rate increased by 2%, but with a minimum of 8%.

9. Agreements for the provision of services by the Supplier implicitly imply the acceptance of the Data Processing Agreement in accordance with the European GDPR legislation. All disputes shall be subject to the jurisdiction of the jurisdictions of the territory in which the supplier’s company is established.

Copyright 2019 Tomboka bv

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