In these general terms and conditions, the seller is understood to be New Aspect BV in Hengelo and the buyer is understood to be the person who has requested a quotation from New Aspect BV or placed an order.
Unless expressly agreed otherwise, these general terms and conditions apply to all offers and quotations made by the seller to the buyer, including the resulting obligations.
If one or more of the provisions are void or voidable, the remaining provisions of these terms and conditions shall remain in full force and effect.
Article 2. Quotations
Quotations made by New Aspect BV are without obligation and valid for 7 days, unless otherwise indicated. New Aspect BV is only bound by the quotations if their acceptance is confirmed in writing by the buyer within 7 days. The prices stated in the quotation are exclusive of VAT, unless otherwise indicated.
Article 3. Delivery
Unless otherwise agreed, delivery will be made from the warehouse in Hengelo.
The risk of the goods is transferred to the buyer upon delivery. If the goods are transported for the buyer, this transport is also at the buyer's risk.
The buyer is obliged to take delivery of the purchased goods at the time they are delivered to him or at the time they 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 necessary for delivery, the goods will be stored at the buyer's risk. In that case, the buyer will owe all additional costs, including storage costs.
We will endeavour to meet the specified delivery times as far as possible. However, specified delivery times shall never be regarded as strict deadlines, unless has expressly agreed otherwise in writing. In the event of non-delivery, we must be given written notice of default.
If an order can only be partially fulfilled, the remainder will be noted for subsequent delivery. The buyer will be notified of this. The buyer is then entitled to cancel the order for the part that has not been fulfilled, provided that they notify us of this within 8 days of our notification. The buyer will not be entitled to any compensation.
If the goods are delivered in parts, New Aspect BV is entitled to invoice each part separately.
Article 4. Samples, models and examples
If New Aspect BV has shown or provided a sample, model or example, this is presumed to have been shown or provided for illustrative purposes only: the characteristics of the goods to be delivered may differ from the sample, model or example, unless it was expressly stated that the goods would be delivered in accordance with the sample, model or example shown or provided.
Article 5. Termination of the agreement
New Aspect BV's claims against the buyer are immediately due and payable in the following cases:
If, after the conclusion of the agreement, New Aspect BV becomes aware of circumstances that give New Aspect BV good reason to fear that the buyer will not fulfil its obligations;
If, upon conclusion of the agreement, New Aspect BV has asked the buyer to provide security for the performance of the agreement and this security is not provided or is insufficient. In the aforementioned cases, New Aspect BV is entitled to suspend the further performance of the agreement or to terminate the agreement, without prejudice to New Aspect BV's right to claim damages.
Article 6. Warranty
New Aspect BV guarantees that the goods it delivers are free from design, material and manufacturing defects for a period of 3 months after delivery, unless otherwise agreed.
If the goods show a design, material or manufacturing defect, the buyer is entitled to have the goods repaired. The seller may choose to replace the goods if repair is not possible. The buyer is only entitled to replacement if repair of the goods is not possible.
The warranty does not apply if the damage is the result of improper handling. Improper handling includes, among other things: Exposing the item to electrical voltages higher than those normally used for this item. Rough handling. Use at temperatures above 35 degrees Celsius.
Article 7. Defects; complaint periods
The buyer must inspect the purchased items upon delivery – or as soon as possible thereafter. In doing so, the buyer must check whether the delivery complies with the agreement, namely:
Whether the correct items have been delivered;
Whether the quantity of the goods delivered corresponds to what was agreed;
Whether the goods delivered meet the agreed quality requirements or – if these are lacking – the requirements that may be set for normal use and/or commercial purposes.
If visible defects or shortcomings are found, the buyer must report these to New Aspect BV in writing within 7 days of delivery.
The buyer must report non-visible defects to New Aspect BV in writing within 7 days of discovery, but no later than 3 months after delivery.
Even if the buyer submits a complaint in good time, their obligation to pay for and accept orders placed remains. Goods may only be returned to New Aspect BV with prior written permission.
Article 8. Price increase
If New Aspect BV agrees on a specific price with the buyer, New Aspect BV is nevertheless entitled to increase the price: New Aspect BV may charge the price applicable at the time of delivery according to its price list valid at that time. If the price increase exceeds 20%, the buyer has the right to terminate the agreement.
Article 9. Liability
Without prejudice to the warranty provisions, we exclude any further liability towards the buyer for all damage, however caused, including all direct and indirect damage, such as consequential damage or trading loss, except for liability for damage caused by intent or gross negligence on our part, or on the part of our employees and/or auxiliary persons engaged by us.
If and insofar as we are liable on any grounds whatsoever, this liability shall at all times be limited to three times the invoice amount, with a maximum of €1,000 per claim or related series of claims.
Article 10. Payment
Unless expressly agreed otherwise, our invoices must be paid no later than 7 days after the invoice date and without any deduction, set-off or compensation, to the bank account of New Aspect BV stated on the invoice. This payment term is to be regarded as a strict deadline. After 7 days from the invoice date, the buyer is in default: from the moment of default, the buyer owes interest of 3% per month or part of a month on the amount due, whereby part of a month counts as a full month.
New Aspect BV is entitled at all times to demand cash payment, advance payment or security for payment of the amount due.
Payments made by the buyer will always be used to settle all interest and costs owed and then the longest outstanding invoices, even if the buyer states that the payment relates to a later invoice.
If the buyer is in default or fails to fulfil one or more of its obligations, all reasonable costs incurred in obtaining payment out of court shall be borne by the buyer. In any case, the buyer shall owe: Collection costs of 15% of the amount of the overdue payment. In the event of liquidation, bankruptcy or suspension of payments of the buyer, the buyer's obligations will become immediately due and payable.
Article 11. Retention of title
The ownership of all products sold by New Aspect BV shall remain with New Aspect BV as long as the buyer has not fulfilled its payment obligations under the agreement or similar agreements, as long as the buyer has not yet paid for the work performed or to be performed under the agreement, and as long as the buyer has not paid New Aspect BV's claims for failure to fulfil such an obligation, including claims relating to penalties, interest and costs.
In addition to the retention of title referred to in Article 11.1, the buyer undertakes, at New Aspect BV's first request to that effect, to reserve a non-possessory pledge and, insofar as necessary, to establish such a pledge on the goods/products delivered by us to the buyer as security for all existing and future claims of New Aspect BV on any account whatsoever.
The buyer is fully liable for the goods delivered under retention of title and will store them with due care and as recognisable property of New Aspect BV.
As long as ownership of the delivered products has not been transferred to the buyer, the buyer may not pledge the product to a third party or grant any other right to it. The buyer is permitted to sell and transfer the products delivered under retention of title to third parties in the normal course of its business.
If the buyer fails to fulfil its payment obligations towards New Aspect BV or if New Aspect BV has good reason to believe that it will fail to fulfil those obligations, New Aspect BV is entitled to take back the products delivered under retention of title without any notice of default or judicial intervention being required. The buyer is obliged to grant New Aspect BV or a third party designated by New Aspect BV access to the locations where the products delivered under retention of title are located.
If third parties wish to establish or assert any rights to the products delivered under retention of title, the buyer is obliged to inform New Aspect BV as soon as may reasonably be expected.
Article 12. Force majeure
Force majeure is understood to mean circumstances that prevent the fulfilment of the obligation and that cannot be attributed to New Aspect BV. This includes (if and insofar as these circumstances make fulfilment impossible or unreasonably difficult): strikes in companies other than New Aspect BV, wildcat strikes or political strikes in the company of New Aspect BV; a general shortage of necessary raw materials and other items or services necessary for the performance of the agreed service; unforeseeable stagnation at suppliers and other third parties on which New Aspect BV depends, and general transport problems.
New Aspect BV also has the right to invoke force majeure if the circumstance preventing (further) performance occurs after New Aspect BV should have fulfilled its obligation.
During force majeure, New Aspect BV's delivery and other obligations will be suspended. If the period during which New Aspect BV is unable to fulfil its obligations due to force majeure lasts longer than two months, both parties are entitled to terminate the agreement without any obligation to pay compensation.
If, at the time of the occurrence of force majeure, New Aspect BV has already partially fulfilled its obligations, or only partially fulfilled its obligations, it may invoice the deliverable part separately, and the buyer is obliged to pay this invoice as if it were a separate contract.
Article 13. Applicable law
Agreements between New Aspect BV and the buyer are governed by Dutch law.
Article 14. Competent court
Disputes that cannot be settled amicably between New Aspect BV and the buyer will be submitted to the competent court under whose jurisdiction New Aspect BV falls.
New Aspect promotional terms and conditions
The promotions on this website and in related communications are offered by New Aspect B.V.
The promotions apply to specific purchases made in the New Aspect B.V. webshop.
When purchasing a promotional product online, the discount will be automatically applied in the shopping basket.
The promotional period is stated for the specific product on the New Aspect B.V. website or in related communications. The promotions are only valid for purchases made during the relevant promotional period.
A promotion is not valid in combination with other offers. Customers who benefit from a particular discount are excluded from other promotions.
New Aspect B.V. reserves the right to change or terminate promotions prematurely without prior notice and without giving reasons. This does not affect purchases made before the withdrawal or change of the promotion.
New Aspect B.V. is not liable for any typing or printing errors.
Customers who demonstrably abuse the promotions may be excluded. Any discounts that have been wrongfully granted may also be reclaimed.
The promotions are governed exclusively by Dutch law.
No rights can be derived from the promotions.
Questions, complaints or comments about these promotional terms and conditions can be made via 085-0656888 or [email protected].
By taking advantage of our promotions, the customer agrees to the above promotional terms and conditions.