General terms & conditions Houtsma B.V.
Article 1 – Applicability
These general terms and conditions apply to all quotations, deliveries and agreements issued by Houtsma Pallets B.V., hereinafter referred to as Houtsma Pallets, unless otherwise agreed in writing.
Article 2 – Offers and pricing
All quotations and price offers are non-binding. Transactions are concluded based on the prices applicable at the time of agreement.
If price increases occur after the agreement is concluded (e.g. changes in duties, taxes or manufacturer prices), Houtsma Pallets reserves the right to pass on the difference. The client then has the right to cancel the order within 3 working days, subject to compensation for any services already provided, based on the original price.
Article 3 – Delivery and complaints
Houtsma Pallets aims to deliver within the agreed timeframe. Delay in delivery does not automatically entitle the client to compensation. The client may set a reasonable additional term for performance.
Complaints must be submitted in writing within 8 days of delivery. After this period, the burden of proof for any defects lies with the client.
Article 4 – Risk and force majeure
Risk for the goods transfers to the client upon delivery.
In the event of force majeure (e.g. business disruptions, fire, strikes, epidemics or transport problems), Houtsma Pallets is entitled to suspend its obligations or terminate the agreement without liability for damages.
Article 5 – Liability
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Houtsma Pallets is not liable for direct or indirect damages, unless required by mandatory law.
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Business losses such as loss of revenue or production downtime are not covered. Clients are advised to take out their own insurance if needed.
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If Houtsma Pallets is held liable, compensation will be limited where the price paid is disproportionate to the damage suffered.
Article 6 – Warranty
Warranty terms for delivered products follow the manufacturer’s conditions. Additional warranties from Houtsma Pallets apply only if explicitly stated in writing.
Warranty becomes void if the client modifies or repairs the goods without authorisation, or if the goods are used improperly. Warranty is valid only if the client has fulfilled all obligations, financial and otherwise.
Article 7 – Payment
Unless otherwise agreed, payment must be made within the term stated on the invoice, and no later than 14 days after the invoice date. Late payment results in default by operation of law, with statutory interest due on the outstanding amount.
Houtsma Pallets may declare its claim immediately due if the client applies for or is granted suspension of payment, bankruptcy, liquidation, or if attachment is made on the client’s assets.
All collection costs, both legal and extrajudicial, will be charged to the client. The minimum extrajudicial fee is based on the collection rate of the Netherlands Bar Association.
Article 8 – Retention of title and pledge
All goods remain the property of Houtsma Pallets until full payment is received.
This retention of title also applies to agreements involving both delivery of goods and services.
The client is not entitled to pledge the goods or grant a non-possessory pledge until all claims are settled.
In case of default, Houtsma Pallets may reclaim the goods without notice. The client hereby authorises access to the location where the goods are stored.
Article 9 – Applicable law and jurisdiction
All agreements and quotations are governed by Dutch law. Disputes will be submitted to the competent court in the city where Houtsma Pallets is located, unless mandatory law specifies otherwise. Houtsma Pallets also reserves the right to summon the client before the competent court in the client’s place of residence.