Article 1: Application
These terms apply to all agreements entered into our customers. In cases in which the customers have their own general terms and these conflicts with ours, our terms will apply.
Article 2: Delivery
Delivery times are estimated. Exceeding delivery time does not fumish the customer with any right to claim compensation, to break the agreement, not to neglect to fulfill any obligation that the agreement with us has placed upon the customer. Deliveries are ex warehouse.
Article 3: Transport
Goods sold are at customers risk from the moment of dispatch. We do not accept any liability for damage during transport that these goods suffer, even when freight paid delivery is agreed, unless criminal intent c.q. severe neglectance.
Article 4: Complaints
Any complaints much reach us in writing by registered mail within 10 days after receiving the goods and must include an accurate account of the nature of, and grounds for the complaint. All rights to lodge complaints expire when the period of time has elapsed.
Article 5: Payment
Payment is due within the terms on the Invoice. If the fixed period for payment is exceeded the customer is liable, without declaration of default, to pay us interest of 1% per month on the invoiced sum. Where payment is not made within the fixed period we draw the customers attention to this fact and offer a period of 8 days, within which the customer can meet his obligation. If after this period has elapsed, we have passed our claim for payment into the hands of a lawyer, or have arranged for the debt to be collected in some other manner, the debt will be increased by all relevant administrative and extra judicial costs, incurred by us, including fees or legal advisers, the minimum increment being € 100,=, without any reduction in the sum, that the customer in any case owes us under the terms of this article.
Article 6: Reserved right of ownership
Until we have received payment in full from the customer, all goods supplied by us to the customer remain our property for account and risk of the customer. We are in that case entitled without any injunction and insofar necessary authorized by the customer, to repossess these goods, in which case the agreement will have been dissolved without judicial involvement and without detriment to our right to claim compensation for damage, lost profits and interest.
Article 7: Applicable law and cognizance
Dutch law applies to all agreements into which we enter. With respect to all conflicts the competent judge in the district court of `s-Hertogenbosch has jurisdiction.
Uden, 01 July 2003.