1.1 In these General Terms and Conditions, the person who places an order with us, or the person who buys a product from us and/or the person with whom we enter into an agreement is referred to as 'our relation'.
1.2 These General Terms and Conditions shall apply to all our offers, agreements and transactions, unless we have agreed otherwise in writing.
1.3 Verbal statements on our part are not binding unless we have confirmed them in writing.
1.4 General terms and conditions of our relations shall not apply, except if and insofar as we have expressly agreed to such terms and conditions in writing.
2.1 A written offer from us shall be open for acceptance during the period stated therein.
2.2 All our offers, in whatever form, including those concerning prices and quotations, appearing in price lists, advertisements, letters, internet and the like are always without obligation, including VAT and as long as stocks last.
2.3 If our relation places an order without an offer on our part, this will only lead to an agreement. If we have accepted the order in writing within 14 days after receipt, Burton Car Company will have delivered the ordered item to the customer.
2.4 We are entitled to pass on increases in prices and costs to our client.
2.5 Illustrations, catalogues, building manuals, drawings or other information provided by us regarding size, capacity, performance or result are only an indication, without the goods to be delivered having to correspond to this.
2.6 Shipment shall be effected by means of various distributors and we shall apply the corresponding shipping rates.
3. Delivery time
3.1 Delivery times quoted by us shall never be regarded as firm dates, unless expressly agreed otherwise. Burton Car Company will comply with its obligation to deliver the product within 30 calendar days. If this is not the case, the customer has the right to return the product, the shipping costs are for the account of Burton Car Company.
4.1 Delivery of the materials and/or the end product takes place, unless otherwise agreed, from our warehouses in Zutphen, or, if delivery takes place by a third party, from the warehouse of the third party.
4.2 The risk for the materials and/or the end product is for the account of our client from the moment they leave our warehouse, or, if delivery takes place by a third party, from the moment the materials and/or the end product leave his warehouse.
4.3 Unless otherwise agreed in writing, our customer will collect the materials and/or end product or have them collected, immediately (within a period specified by us) after we have informed our customer that the materials and/or end product are ready for delivery. Our customer is responsible for the loading, unloading and transport of the materials and/or end product, including any insurance thereof, even if the transport is arranged by us against payment at the request of our customer.
4.4 If the other party fails to collect the materials and/or the end product immediately (within the meaning of clause 4.3), or fails to provide information or instructions necessary for delivery, it shall be in default and the goods shall be stored at the expense and risk of the other party. The other party shall in that case owe all additional costs, including in any case storage costs.
4.5 The consumer has the right to return the delivered items within 31 days, the so-called cooling off period. The shipping costs are for the customer. Burton Car Company will then be obliged to refund the purchase amount due, excluding shipping costs, to the specified account number within 30 days.
4.6 Specified in 4.5 applies only when there are no special conditions attached to the delivery, such as customization.
5. Force majeure
5.1 If the fulfilment of our obligations is prevented by a circumstance that cannot be attributed to us (force majeure), our obligations will be suspended, of which the relation will be referred to in writing. If the period in which fulfilment of our obligations is not possible due to force majeure lasts longer than 30 calendar days, the consumer is authorised to dissolve the agreement without judicial intervention, without any obligation to pay damages in that case. Earlier dissolution is only possible if the party who wants to make use of this proves that according to standards of reasonableness and fairness earlier dissolution is justified. The so-called cooling off period in these 30 days is included.
5.2 If at the occurrence of force majeure we have already partially fulfilled our obligations, or can only partially fulfil our obligations, we are entitled to invoice the part already performed or to be performed separately and our client is obliged to pay this invoice as if it were a separate agreement.
5.3 Force majeure within the meaning of this article shall include strikes, lack of raw materials, stagnation at suppliers and transport problems. These circumstances will constitute force majeure for both us and our suppliers.
5.4 We are also entitled to invoke force majeure if the circumstance preventing (further) fulfilment occurs after we should have fulfilled our obligation.
6. Retention of title
6.1 We reserve the right of ownership of all goods delivered and to be delivered to our customer until the purchase price including shipping costs of all these goods has been paid in full. If, within the framework of these agreements, we also carry out work on behalf of our customer, the retention of title shall apply until these claims have also been paid in full, as well as to any claims we may obtain against our customer due to attributable failure to fulfil one of its obligations.
6.2 As long as the ownership of the delivered goods has not been transferred to our customer, the customer may not pledge the goods or grant a third party any other right to them.
6.3 In respect of delivered and to be delivered goods that have passed into the ownership of the client by payment and are still in the hands of our client, we hereby reserve the right now as a non-possessory pledge as referred to in Article 3:237 of the Dutch Civil Code as additional security for claims, other than those referred to in 6.1, that we have or will have against our client for whatever reason.
6.4 Our customer is obliged to keep the goods delivered under retention of title carefully and as recognizable property of us. They are also obliged to insure these items against fire, explosion, aircraft, storm, frost and water damage as well as against theft and embezzlement. Our client will make the policies available for inspection at our first request. Any claims pursuant to these insurance policies will be pledged to us at our first request in accordance with Article 3.239 of the Dutch Civil Code, as additional security for our claims against our client.
6.5 If third parties wish to establish or assert any right to the goods delivered under retention of title, the customer is obliged to inform us of this as soon as can reasonably be expected. Our customer undertakes to cooperate, within reasonable limits, with all measures that we wish to take to protect our right of ownership with respect to the delivered goods.
6.6 Our customer undertakes to pledge to us at our first request, in accordance with Article 3.239 of the Dutch Civil Code, the claims he obtains against his customers in respect of resold goods covered by the retention of title, as additional security for our claims, for whatever reason, against our customer. The other party shall only be permitted to pledge claims against its customers to others after our prior written consent.
6.7 If our client fails to comply with his payment obligation or gives us good reason to fear that he will fail to comply with those obligations, we shall be entitled to take back the goods delivered subject to retention of title. Our client is obliged to cooperate fully with the repossession under penalty of a fine of 10% of the amount owed by him, with a minimum of € 250,-.
7. Warranty on repairs
7.1 We guarantee the repair work carried out by us for a period of three months from the time the repair is completed.
7.2 The warranty on the products delivered by us is limited to replacement of the product. Shipping costs and costs resulting from disassembly are not covered by the warranty.
8.1 Upon delivery, our client must check the materials and/or end products for visible defects. Visible defects must be reported to us within 14 working days after delivery. Non-visible defects must also be reported within 14 working days after discovery. Any claim for compensation for damages for any reason whatsoever expires 1 year after delivery.
8.2 All complaints must be reported in writing.
8.3 The burden of proof that the delivered goods do not comply with the agreement rests on our relation. Our client is obliged, in circumstances to be determined by us, to give us the opportunity to have the complaint investigated by an independent expert. The decision of this expert shall be binding on both parties. If the complaint turns out to be unfounded, the costs of the investigation will be at the expense of our client, if the complaint turns out to be well-founded, the costs will be at our expense.
8.4 The possibility to complain shall lapse if the defect or damage is a result of incorrect treatment or faulty maintenance or incorrect assembly of the materials and/or parts by our client.
8.5 Goods can only be returned after our prior written consent.
8.6 Complaints regarding our invoices must be submitted to us within 14 days of the invoice date.
8.7 Even if our client complains on time, its obligation to pay and take delivery shall remain in force.
9.1 Our customer will always timely provide all cooperation, data and information, which we deem necessary in order to be able to carry out the agreed activities and/or deliveries.
10.1 Our liability in respect of an attributable failure to perform our obligations under the agreement or in tort is limited to the purchase price charged for the defective item or the amount charged for the performance in question. Compensation in the event of a faulty delivery will only be possible if and insofar as the delivered faulty goods cannot, in our opinion, be replaced or repaired.
10.2 Contrary to 10.1, liability for loss of profit, stagnation damage and/or damage due to a delay in delivery is excluded.
10.3 Goods delivered to us for examination, repair or processing shall remain at the risk of our relation, even if we transport the goods to another factory or workshop.
10.4 The limitations of liability set out in the preceding paragraphs shall not apply if the damage is the result of our wilful intent or gross negligence or that of managers and/or subordinates.
10.5 Unless a different term has been agreed in writing, all liability for compensation of damage of whatever nature shall lapse 1 year after delivery.
10.6 We do not accept any liability for damage to items given in repair during repair work, if such damage is due to the condition in which the item given in repair was at the time it was taken into repair by us. If such a case occurs, we shall be entitled to terminate the agreement, without prejudice to our right to compensation for costs incurred, loss of profit and any further damage suffered by us.
10.7 Our relation shall be obliged to indemnify and hold us harmless in respect of all costs and damage we may incur in connection with or caused by items given to us in repair, unless the product has been so irreparably damaged.
11. Replaced materials
11.1 If we have replaced materials during the repair of goods, we shall only be obliged to return the replaced materials to our client if our client explicitly requested this when giving the order and the materials have not been destroyed. We shall never be obliged to pay any compensation for replaced materials that we are not obliged to return.
12.1 Payment of invoice amounts must be made at the time of collection of the goods by the customer in the agreed currency in cash at our office, by debit card or by bank transfer to the account number stated on the invoice, in the latter case the amount concerned must be credited to our bank account number for collection, unless we have indicated that we require a different method of payment, such as cash on delivery. The day of payment shall be deemed to be the day of receipt by cash or transfer of the amount by bank.
12.2 After expiry of the term of payment, our client shall be in default and from that date shall owe interest at the statutory rate set by the Nederlandse Bank, plus 2% administration costs.
12.3 If our client fails to comply with one or more of its obligations, all reasonable costs for obtaining payment will be for its account, both judicial and extrajudicial, which will in any case include the costs of collection agencies, bailiffs and lawyers. These costs will be at least equal to the invoice rate for lawyers applicable at that time, as determined by the General Council of the Bar Association, with a minimum of € 150,-. If we can demonstrate that we have incurred higher costs, which were reasonably necessary, these will also qualify for reimbursement.
12.4 Payments made by our client always serve in the first place to settle all interest and costs owed, in the second place to settle due and payable invoices that have been outstanding the longest, even if our client states that the payment relates to a later invoice.
12.5 If we have good reason to fear that our client is or will be unable to fulfil its obligations under the agreement, we are entitled, prior to (further) performance, to demand adequate security or full or partial prepayment.
13. Dissolution and suspension
13.1 If one of the following circumstances occurs, we are entitled to suspend the (further) execution of the agreement, or to dissolve the agreement, without prejudice to our authority to claim substitute or additional damages: - if goods of our relation are seized, or our relation is granted suspension of payment, or its bankruptcy is declared, or - if our relation fails to meet one or more of its obligations towards us, or - if we have good reason to fear that our relation is or will be unable to meet its obligations under the agreement, and in our reasonable opinion does not provide sufficient security for the fulfilment of its obligations.
13.2 If one of the circumstances referred to in 13.1 occurs, we are authorised to determine that all that we have to claim from our client will be immediately due and payable.
13.3 If unforeseen circumstances arise, for example with regard to persons and/or material we use or tend to use in the performance of the agreement, which are of such a nature that the performance of the agreement becomes impossible or so objectionable and/or disproportionately expensive that compliance with the agreement can no longer reasonably be expected of us, we shall be authorised to dissolve the agreement without being obliged to pay any compensation.
14. Applicable law
14.1 All offers and agreements between us and our relation shall be governed by Dutch law.
15.1 If a dispute arises about the agreement, we and our relation are obliged to try to reach an agreement through negotiations, before submitting the dispute to the civil courts.
15.2 In that case, the parties will at all times elect domicile in Zutphen.