ARTICLE 1: DEFINITIONS
- 100ccparts, located in the Netherlands, Chamber of Commerce number 77296664, is
referred to as the seller in these general terms and conditions .
- The other party of the seller is referred to as the buyer in these general terms and conditions.
- The parties are seller and buyer together.
- The agreement refers to the purchase agreement between the parties.
ARTICLE 2: APPLICABILITY OF GENERAL TERMS AND CONDITIONS
- These terms and conditions apply to all quotations, offers, agreements and deliveries of services or
goods by or on behalf of the seller.
- Deviation from these conditions is only possible if this has been expressly agreed in writing by the parties.
ARTICLE 3: PAYMENT
- The full purchase price is always paid immediately in the store. In some cases, a
deposit is expected for reservations . In that case, the buyer will receive proof of the reservation and the prepayment.
- If the buyer does not pay on time, he is in default. If the buyer remains in default, the seller is entitled
to suspend the obligations until the buyer has fulfilled his payment obligation.
- If the buyer remains in default, the seller will proceed to collection. The costs related to that collection
will be borne by the buyer. These collection costs are calculated on the basis of the Decree on compensation
for extrajudicial collection costs.
- In the event of liquidation, bankruptcy, seizure or suspension of payment of the buyer, the claims of the seller
on the buyer are immediately due and payable.
- If the buyer refuses to cooperate with the execution of the order by the seller, he is still obliged
to pay the agreed price to the seller.
ARTICLE 4: OFFERS, QUOTATIONS AND PRICE
- Offers are without obligation, unless a term of acceptance is stated in the offer. If the offer is not
accepted within that set period, the offer will lapse.
- Delivery times in quotations are indicative and do not entitle the buyer to dissolution or
compensation if they are exceeded , unless the parties have explicitly agreed otherwise in writing.
- Offers and quotations do not automatically apply to repeat orders. Parties must
agree on this explicitly and in writing.
- The price stated on offers, quotations and invoices consists of the purchase price including the VAT owed and
any other government levies.
ARTICLE 5: RIGHT OF WITHDRAWAL
- The consumer is entitled
to terminate the agreement within 14 days after receipt of the order without giving any reason (right of withdrawal). The period starts from the moment the (entire) order
is received by the consumer.
- There is no right of withdrawal if the products are tailor-made according to its specifications or have a
short shelf life.
- The consumer can use a withdrawal form from the seller. The seller is obliged to make this available to the
buyer immediately after the buyer’s request.
- During the reflection period, the consumer will handle the product and packaging with care. He will
only unpack or use the product to the extent necessary to assess whether he wishes
to keep the product . If he exercises his right of withdrawal, he will keep the unused and undamaged product
. If he exercises his right of withdrawal, he will return the unused and undamaged product
with all accessories and – if reasonably possible – in the original shipping packaging to the seller
, in accordance with the reasonable and clear instructions provided by the entrepreneur.
ARTICLE 6: AMENDMENTS TO THE AGREEMENT
- If during the execution of the agreement it appears that for a proper execution of the assignment
it is necessary to change or supplement the work to be performed, the parties will adjust
the agreement accordingly in good time and in mutual consultation.
- If the parties agree that the agreement will be amended or supplemented, the time of completion of
the implementation may be affected. The seller will inform the buyer of this as soon as possible.
- If the change or addition to the agreement has financial and / or qualitative consequences, the
seller will inform the buyer in writing in advance.
- If the parties have agreed on a fixed price, the seller will indicate to what extent the change or
supplement to the agreement will result in this price being exceeded.
- Contrary to the provisions of the third paragraph of this article, the seller cannot charge additional costs
if the change or addition is the result of circumstances that can be attributed to him.
ARTICLE 7: DELIVERY AND TRANSFER OF RISK
- As soon as the purchased item has been received by the buyer, the risk passes from seller to buyer.
ARTICLE 8: RESEARCH, COMPLAINTS
- The buyer is obliged to inspect the delivered goods at the time of delivery, but in any case within the shortest possible
term. In doing so, the buyer should investigate whether the quality and quantity of the goods delivered
correspond to what the parties have agreed, or at least that the quality and quantity meet the requirements
that apply to them in normal (trade) traffic.
- Complaints regarding damage, shortages or loss of delivered goods must
be submitted by the buyer to the seller in writing within 10 working days after the day of delivery of the goods.
- If the complaint is declared well-founded within the set term, the seller has the right to either repair, or
to redeliver, or to cancel delivery and to send the buyer a credit note for that part of the purchase price.
- Minor and / or customary deviations and differences in quality, quantity, size or finish cannot
be invoked against the seller.
- Complaints with regard to a particular product do not affect other products or parts
belonging to the same agreement.
- No complaints will be accepted after the goods have been processed by the buyer.
ARTICLE 9: SAMPLES AND MODELS
- If a sample or model has been shown or provided to the buyer, it is presumed to have been
provided only as an indication without the item to be delivered having to comply with it. This is different if the parties have explicitly
agreed that the item to be delivered will correspond with this.
- In the case of agreements relating to immovable property, the surface area or other dimensions and
indications are also presumed to be merely indicative, without the item to be delivered having
to comply with it.
ARTICLE 10: DELIVERY
- Delivery takes place ‘ex works / shop / warehouse’. This means that all costs are for the buyer.
- The buyer is obliged to take delivery of the goods at the time that the seller delivers them to him or has them delivered, or
at the time when these goods are made available to him in accordance with the agreement.
- If the buyer refuses to take delivery or is negligent in providing information or instructions that are necessary for
the delivery, the seller is entitled to store the item at the expense and risk of the buyer.
- If the goods are delivered, the seller is entitled to charge any delivery costs.
If the seller needs information from the buyer for the execution of the agreement, the delivery time will commence
- If the seller needs information from the buyer for the performance of the agreement, the delivery time will commence
after the buyer has made this information available to the seller.
- A delivery period stated by the seller is indicative. This is never a deadline. If
the term is exceeded , the buyer must give the seller written notice of default.
- The seller is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or the
partial delivery has no independent value. The seller is entitled
to invoice these parts separately upon delivery in parts .
ARTICLE 11: FORCE MAJEURE
- If the seller cannot, not timely or not properly fulfill his obligations under the agreement due to force majeure,
he is not liable for damage suffered by the buyer.
- By force majeure the parties in any case mean any circumstance that the seller
could not take into account at the time of entering into the agreement and as a result of which the normal performance of the agreement cannot
reasonably be expected by the buyer, such as illness, war or danger of war, civil war
and riots, acts of war, sabotage, terrorism, power
failure , flood, earthquake, fire, company occupation, strikes, workers’ exclusion, changed government measures, transport difficulties, and other disruptions
in the seller’s business.
- Furthermore, parties understand force majeure to mean the circumstance that the supplier companies on which the seller is dependent
for the performance of the agreement do not fulfill the contractual obligations towards the seller, unless the
seller can be blamed for this.
- If a situation as referred to above arises as a result of which the seller is unable to fulfill his obligations
towards the buyer, then those obligations will be suspended as long as the seller is unable to fulfill his obligations
. If the situation referred to in the previous sentence has lasted 30 calendar days, the parties have the right
to dissolve the agreement in writing in whole or in part.
- If the force majeure continues for more than three months, the buyer has the right
to dissolve the agreement with immediate effect. Dissolution is only possible by registered letter.
ARTICLE 12: TRANSFER OF RIGHTS
- Rights of a party under this agreement cannot be transferred without the prior written
consent of the other party. This provision applies as a clause with property law effect as referred to
in Article 3:83, second paragraph, of the Dutch Civil Code.
ARTICLE 13: RETENTION OF TITLE AND RIGHT OF RETENTION
- The goods present at the seller and delivered goods and parts remain the property of the seller until the buyer
has paid the entire agreed price. Until that time, the seller can invoke his retention of title and
take back the goods.
- If the agreed amounts to be paid in advance are not paid or not paid on time, the seller has the right
to suspend the work until the agreed part has yet been paid. There is then a
creditor’s default. In that case, a late delivery cannot be invoked against the seller.
- The seller is not authorized to pledge or
encumber in any other way the goods that are subject to retention of title .
- The seller undertakes to insure the goods delivered to the buyer subject to retention of title and to
keep them insured against fire, explosion and water damage as well as against theft and to make the policy available for inspection upon first request
- If goods have not yet been delivered, but the agreed advance payment or price has not been
paid in accordance with the agreement , the seller has the right of retention. In that case, the item will not be delivered until the buyer
has paid in full and in accordance with the agreement.
- In the event of liquidation, insolvency or moratorium of the buyer, the buyer’s obligations are immediately
due and payable.
Article 14: Liability
- Any liability for damage arising from or in connection with the performance of an agreement
Any liability for damage arising from or in connection with the performance of an
agreement is always limited to the amount that is covered by the
liability insurance policy (s) in the relevant case. is paid. This amount is increased by the amount of the
deductible according to the relevant policy.
- The seller’s liability for damage resulting from intent or willful
recklessness on the part of the seller or his managerial subordinates is not excluded .
ARTICLE 15: COMPLAINT OBLIGATION
- The buyer is obliged to immediately report complaints about the work performed to the seller. The complaint contains a
description of the shortcoming that is as detailed as possible, so that the seller is able to respond adequately.
- If a complaint is well-founded, the seller is obliged to repair and possibly replace the goods.
ARTICLE 16: GUARANTEES
- If guarantees are included in the agreement, the following applies. The seller guarantees that the item
sold conforms to the agreement, that it will function without defects and that it is suitable for the
use that the buyer intends to make of it. This warranty applies for a period of two calendar years after
receipt of the goods sold by the buyer.
- The purpose of the guarantee referred to is to create a risk distribution between seller and buyer such that
the consequences of a breach of a warranty are always entirely at the expense and risk of the seller and that the
seller can never invoke a breach of a warranty article 6:75 BW. The provisions of the previous
sentence also apply if the infringement was known to the buyer or could have been known by carrying out an investigation.
- The said warranty does not apply if the defect has arisen as a result of injudicious or improper
use or if – without permission – the buyer or third parties have made changes or attempted
to make or used the purchased item for purposes for which it was not intended.
- If the warranty provided by the seller relates to an item produced by a third party, the warranty is
limited to the warranty provided by that producer.
ARTICLE 17: APPLICABLE LAW AND COMPETENT COURT
- Dutch law is exclusively applicable to every agreement between the parties.
- The Dutch court in the district where Accelero Motors is established / has a practice / office has
exclusive jurisdiction to hear any disputes between the parties, unless the law
prescribes otherwise .
- The applicability of the Vienna Sales Convention is excluded.
- If one or more provisions of these general terms and conditions are considered unreasonably
onerous in legal proceedings , the other provisions will remain in full force.