Disclaimer
No rights can be derived from, nor claims made on, the content of this website. Although the greatest possible care is taken in compiling the content of this website and/or pages, it is possible that certain information (after a period of time) is outdated or no longer correct. Berkel Snijmachines is not liable for any damage that could result from the use of data by the sites and/or pages created by Berkel Snijmachines. Berkel Snijmachines hereby rejects all liability for damage resulting from the use of this data or data to which links on this site(s) refer(s). The data on this site can be changed without warning.
The site is intended to provide information to the user. Berkel Snijmachines does not provide any guarantees regarding the nature and content of the information on the site and is not liable for the content of this information or the consequences of its use. Any liability for any damage resulting from access to and use of the site is expressly rejected by Berkel Snijmachines.
Furthermore, no guarantee is given for the error-free and uninterrupted functioning of the site. References or links to other sites or sources that are not the property of Berkel Snijmachines are only included for the information of the user of the site. Berkel Snijmachines is not responsible for the availability of these sites or sources. Berkel Snijmachines accepts no liability with regard to the content, advertisements, products or other matters on such sites or sources or availability. Berkel Snijmachines is not liable for any form of damage or loss caused by or in connection with the use of or by relying on the content, goods or services as offered on such sites or sources.
Berkel cutting machines is part of Horeca4hospitality
ARTICLE 1: APPLICABILITY
These conditions apply to all offers and all agreements for the execution of work and/or purchase and sale of Berkel cutting machines located in Haaksbergen, hereinafter referred to as the user. The client/buyer will hereinafter be referred to as the other party.
Conditions worded differently shall only form part of the agreement concluded between the parties if and to the extent that both parties have expressly agreed to this in writing. The acceptance and retention by the other party without comment of a quotation or order confirmation, on which reference is made to these conditions, shall be deemed as consent to their application. The possible inapplicability of a (part of a) provision of these general conditions shall not affect the applicability of the other provisions.
Article 2: Agreements and award
1. Agreements for the acceptance of work and/or agreements of purchase and sale and additions/amendments thereto shall only become binding upon written confirmation by the user.
2. The agreement is concluded by the notification to the user that he has been awarded the assignment. If the notification is made verbally, the other party will confirm this notification in writing, stating the date of the notification, which confirmation will be considered full proof.
3. If no written notification of the award to the user has been made by the other party within seven days, the user will confirm the order in writing by registered letter to the other party, stating the date of the notification. The content of this order confirmation is binding for the other party, unless the other party has disputed its correctness in writing within 14 days after sending the order confirmation. If the other party has not responded within 14 days after receipt of the order confirmation, the order will be deemed irrevocable.
ARTICLE 3: OFFERS
1. All offers, quotations, price lists, delivery times etc. of the user are without obligation, unless the work to be carried out is recorded in a complete description, whether or not accompanied by a drawing or multiple drawings. The user reserves the right to make minor changes to the construction insofar as this does not result in a significant change to the work. The last reported description/drawing(s) must be drawn up at the same time as the first reported documents and attached to them. In that case, the description or drawing will be binding for both parties. If the order for the execution of the work is not given to the user, the other party undertakes to return the quotation complete with designs, images and drawings to the tenderer within 14 days after the date of the decision.
2. Unless otherwise agreed in writing, the price of quotations for orders for the delivery of a facility or part thereof to be installed and/or assembled on site does not include:
a. ground, pile driving, demolition, foundation, masonry, carpentry, plastering, painting, wallpapering, repair or other construction work of any nature whatsoever, nor the costs of connections to the main sewerage, gas or water or electricity network, the leveling and cleaning of floors, walls or ceilings or the cleaning of items other than those to be supplied;
b. additional assistance for moving those parts which cannot be handled by the user himself, as well as the lifting or hoisting equipment and tackles to be used for this purpose.
3. All quotations/offers are without obligation unless they contain a term for acceptance. If a quotation/offer contains a non-binding offer and this is accepted by the other party, the user has the right to revoke the offer within two days after receipt of the acceptance.
4. A. If between the date of conclusion of the agreement and delivery the cost price of the ordered items/used materials increases and/or changes are made to wages, employment conditions or social provisions by the government and/or trade unions, the user is entitled to pass on these increases to the other party. If a new price list is issued by the user and/or suppliers and comes into effect between the aforementioned dates, the user is entitled to charge the prices stated therein to the other party, or to apply the provisions of the previous sentence.
B. If the other party is a natural person who does not act in the exercise of a profession or business, price increases may be passed on/charged 3 months after they have occurred in the above-mentioned sense. In the event of price increases in the shorter term, the other party is entitled to terminate the agreement.
5. The user is authorized to engage third parties to implement the agreement.
ARTICLE 4: ADDITIONAL RULES FOR QUOTATIONS
1. The user is responsible for the proper execution of the work.
2. When making a quotation, the user accepts no responsibility for a design developed by or on behalf of the other party, buyer and/or other party by third parties, nor for any specification of dimensions, sizes and materials provided with this design.
3. In the event of an order, the user shall only assume responsibility for the correct assembly and the quality of the materials used for designs that he has not created himself; this does not apply to those parts for which a specific brand or treatment of materials is expressly prescribed in the request.
4. If the other party wishes to transfer responsibility for the design made by or on behalf of him to the user upon assignment, the user shall not be obliged to accept this until he has been given sufficient time to make a decision regarding this transfer, in which case the user must be able to study and check the entire design and he must have been provided with all data and documents relating thereto. The user cannot be required to do this free of charge, unless it has already become apparent from the application that the other party wishes to transfer responsibility to the user.
5. If the other party makes materials or parts available for further processing or assembly, the user is responsible for correct processing or assembly, but never for the materials or parts themselves. The user is not liable for damage due to death or physical injury, consequential damage or damage on any other grounds, which is related to the (defectiveness of) the materials or parts made available by the other party for further processing or assembly, regardless of processing or editing thereof by the user or third parties. The other party fully indemnifies the user against all claims for compensation for damage from personnel of the user and/or third parties, including damage from or as a result of product liability.
ARTICLE 5: DELIVERY/WORK PERFORMED
1. Delivery is not carriage paid. Specified delivery times and periods within which work must be completed can never be considered a fatal term, unless expressly agreed otherwise. In the event of late delivery/termination of work, the user must therefore be given written notice of default.
2. In the event of delivery/performance of work in parts, each delivery/phase will be considered a separate transaction.
3. If it proves impossible to deliver the goods to the other party, the user reserves the right, after he has given notice of default to the other party and the term stated in the notice of default has expired, to store or destroy the goods/materials purchased for the execution of the work at the expense and risk of the other party. The foregoing does not affect the obligation of the other party to pay the purchase price.
4. Delivery will be made once to an address specified by the other party, even if the ordered items are intended by the other party to be distributed to different addresses. The other party will then be responsible for good accessibility of the destination/unloading location and will be responsible for unloading/unloading.
5. The user is authorized to request advance payment or security from the other party in respect of the fulfillment of financial obligations before proceeding with delivery and/or commencing work.
ARTICLE 6: PROGRESS, EXECUTION OF WORK
1. If deliveries or work cannot be carried out normally or without interruption due to causes beyond the user's control, the user is entitled to charge the other party for any additional costs arising therefrom.
2. If, during the execution of the work accepted by the user, it appears that it is impossible to execute it, either as a result of circumstances unknown to the user or due to any force majeure, the user has the right to demand that the order given to the user be changed in such a way that the execution of the work becomes possible, except when this will never be possible as a result of the unknown circumstances or force majeure. The user is then entitled to full compensation for the work already carried out by the user.
3. All expenses incurred by the user at the request of the other party shall be borne entirely by the latter, unless otherwise agreed in writing.
4. All changes to accepted work, whether by special order from the other party, or as a result of changes to the construction or caused by the information provided not corresponding to the actual execution of the construction, will be due as additional work if this results in additional costs and will be settled as less work if this results in lower costs.
5. Additional and reduced work will be settled fairly, regardless of the obligation to pay the principal sum.
6. Unless otherwise agreed in writing, the other party is obliged, under penalty of compensation for damages and costs, to ensure:
a. that the place where the goods, materials and/or tools to be assembled are to be stored or where delivery is to take place is such that damage, in whatever form and in whatever manner, or theft cannot occur;
b. that access to the place where delivery and/or installation is to take place is unobstructed and adequate and that all cooperation is provided to enable smooth delivery, installation and/or finishing;
c. that, if a hoist, lift or other means of transport must be used, it will be made available with operation by and at the expense of the other party. The instrument to be used must comply with the government regulations applicable at the time of use. Any damage caused thereby will be at the expense of the other party, unless fault on the part of the user is established;
d. that (sub)floors are free from lime, cement and dirt residues and from loose parts, if necessary, unless otherwise agreed in writing, are completely flat and level and are made available broom clean;
e. that the space in which the work is to be carried out has electricity, air, water and, if necessary, heating;
f. that, if others also have to carry out work in the space concerned, that work has been completed before the user commences his work, so that he can carry out his work there unhindered;
g. that, in the event of renovation work and/or renewal of the interior, the business premises are closed to the public while the work is being carried out.
ARTICLE 7: TRANSPORT
1. Shipment of ordered items will take place in a manner determined by the user, but at the expense and risk of the other party.
2. The user is not liable for damage of any nature or form whatsoever related to the transport, whether or not suffered by the goods.
3. The other party must properly insure itself against the aforementioned risks.
4. Unaccepted orders will be stored by the user at the expense and risk of the other party, in accordance with the provisions of Article 5.
5. Unless the user has declared otherwise in writing, the risk of the goods, materials and work performed shall be borne by the other party from the moment of delivery of the goods and materials at the place of destination or from the time of commencement of the work.
6. If delivery cannot take place at the specified time through no fault of the user, the goods will be stored at the expense and risk of the other party.
7. If the other party is in arrears with the payment of any installment, the user is entitled to store the goods at the expense and risk of the other party and to postpone the first delivery until all due installments have been paid.
ARTICLE 8: COMPLAINTS/RETURNS
1. The other party is obliged to inspect the goods immediately upon receipt. If visible defects are found, this must be noted on the consignment note and/or accompanying note and brought to the attention of the user within 24 hours. This with immediate written confirmation. Other complaints, also regarding work performed, must be reported by registered letter within 8 days after receipt of the goods by the user.
2. If the above-mentioned complaint is not made known to the user within the specified periods, the items are deemed to have been received in good condition.
3. Complaints do not suspend the counterparty's obligation to pay. The user must be given the opportunity to investigate the complaint.
4. If a return shipment proves necessary, this will only be at the expense and risk of the user if the latter has given his express written consent in advance. If the return shipment relates to a complaint as referred to above, the return shipment will only be at the expense and risk of the user if the complaint has been declared justified by him. In such cases, the return shipment will only be at the expense and risk of the user if the complaint has been declared justified by him. In such cases, the return shipment will take place in a manner to be determined by the user.
5. If the goods have changed in nature and/or composition after delivery, have been processed or altered in whole or in part, damaged or repacked, all rights to make a complaint shall lapse.
6. In the event of justified complaints, the damage will be settled in accordance with the provisions of Article 8.
7. The counterparty has 14 days to report a return shipment and 14 days to actually return the return shipment. After checking and approving the return shipment, the counterparty will be refunded within 14 days.
ARTICLE 9: LIABILITY/WARRANTY
1. The user shall perform his duties as may be expected of an agency in his industry, but shall not accept any liability for damage, including consequential damage, resulting from his actions or omissions in the broadest sense of the word, except to the extent that this is attributable to his gross negligence and/or intent. The same restriction applies to staff members and/or third parties that the user uses in the performance of his duties.
2. The warranty obligation shall lapse with respect to those parts of the work that are defective if repairs or other work have been carried out on them by others without the written permission of the user.
3. No guarantee shall apply to constructions or materials prescribed by the other party or to materials or share in the work supplied by the other party or by third parties on its behalf, unless carried out with the express approval of the user.
4. Repairs or changes related to paragraph 3 shall not be carried out by the user except at the expense of the other party, unless the user has given his approval in accordance with the provisions of paragraph 3.
5. If a space in which the work is to be carried out is put into use before the first delivery, this is done entirely at the risk of the other party.
6. No warranty applies to glass, discolouration of wood and for minor colour deviations of wood and other materials.
7. The warranty only applies to use for which the work is intended according to the order; unless otherwise agreed regarding the intended use, the warranty only applies to normal use.
8. Warranty only applies under normal conditions. This includes: ensuring sufficient humidity in the atmosphere, not exposing to excessive humidity or dryness, cold, heat, etc.
ARTICLE 10: PAYMENT
1. Payment must be made in the following manner:
1. 30% of the price upon order;
2. the remainder upon delivery of the goods;
User will invoice in a timely manner regarding points 1 and 2. The payment term is: 30 days after invoice date. If a discount has been agreed, the invoice must be paid within the set term, failing which the discount will lapse.
2. If an invoice has not been paid in full after the expiry of the periods referred to in paragraph 1:
A. from that time onwards, the other party will be charged a credit restriction surcharge of 2%, without any further notice of default being required.
B. the counterparty shall owe the user a default interest of 2% per month, to be calculated cumulatively on the principal sum. Parts of a month shall be considered full months in this respect.
C. shall pay the counterparty, after having been reminded to do so by the user, and during the term determined by the user, the costs associated with taking judicial and extrajudicial collection and/or enforcement measures, including the costs of a bankruptcy application. The counterparty shall owe a minimum of 15% of the sum of the principal and the default interest with an absolute minimum of € 75.00 in respect of extrajudicial costs.
3. At the user's option, in the aforementioned or similar circumstances, the agreement may be terminated in whole or in part without further notice of default or judicial intervention, with or without a claim for damages.
4. If the other party has not fulfilled its payment obligations in a timely manner, the user is entitled to suspend the fulfilment of the obligations entered into with the other party to deliver/perform work until payment has been made or adequate security has been provided for this. The same applies before the moment of default/default if the user has reasonable suspicion that there are reasons to doubt the creditworthiness of the other party.
5. Payments made by the other party will always be used to settle all interest and costs due and then the oldest outstanding invoices, even if the other party states that the payment relates to a later invoice.
ARTICLE 11: PROPERTY DESIGNS
1. The user is the holder of industrial and intellectual property rights with regard to the content and form of reports, drawings, designs, software models and the like.
2. Only after payment of the amount owed to the user as a result of a concluded agreement, will the other party be entitled to a right of use in respect of the foregoing.
ARTICLE 12: RETENTION OF OWNERSHIP
1. The user reserves the ownership of delivered and to be delivered goods until the time at which the other party has fulfilled its related payment obligations towards the user. These payment obligations consist of payment of the purchase price, increased by claims for work performed that is related to that delivery, as well as claims for, possible, compensation for damages due to failure to fulfill obligations on the part of the other party.
2. If the user invokes the retention of title, the agreement concluded in this regard shall be deemed to have been dissolved, without prejudice to the user's right to claim compensation for damages, lost profits and interest.
3. The other party is obliged to immediately inform the user in writing of the fact that third parties assert rights to items to which a retention of title applies under this article.
ARTICLE 13: PLEDGE/WARRANTAGE
The counterparty is not authorized to pledge delivered goods to third parties and/or to establish a non-possessory pledge on them, and/or to place the goods in the actual power of one or more financiers for storage (warranty), as this will be considered as attributable non-compliance on its part. The user can then immediately, without being obliged to give any notice of default, suspend its obligations under the agreement or terminate the agreement, without prejudice to the user's right to compensation for damage, lost profit and interest.
ARTICLE 14: BANKRUPTCY, INCOMPETENCE, ETC.
Without prejudice to the provisions of the other articles of these terms and conditions, the agreement concluded between the other party and the user shall be dissolved without judicial intervention and without any notice of default being required at the time at which the other party is declared bankrupt, applies for provisional suspension of payments, or loses the power of disposal and/or legal capacity with regard to its assets or parts thereof through seizure, placement under guardianship or otherwise, unless the trustee or administrator recognizes the obligations arising from the agreement as estate debt.
ARTICLE 15: NON-PERFORMANCE/NON-COMPLIANCE
1. If compliance with the obligations of the user under the agreement concluded with the other party is not possible and this is due to non-attributable non-compliance on the part of the other party and/or on the part of third parties/suppliers engaged for the performance of the agreement, the user is entitled to terminate the agreement concluded between the parties or to suspend the performance of its obligations towards the other party for a reasonable period to be determined by the user without being liable for any damages. If the aforementioned situation occurs when the agreement has been partially performed, the other party is obliged to fulfil its obligations towards the user up to that point.
2. Circumstances in which non-attributable non-compliance will occur shall include: war, riot, mobilization, domestic and foreign unrest, government measures, strikes and lockouts by workers or the threat of these and similar circumstances; disruption of the currency ratios existing at the time the agreement was concluded; business disruptions due to fire, accident or other incidents; natural phenomena, regardless of whether the non-compliance or untimely compliance occurs at the user, its suppliers or third parties engaged by it for the performance of the obligation.
3. If the other party in any way fails to promptly fulfil its obligations towards the user, in the event of cessation of payment, application for suspension of payment, bankruptcy, seizure, assignment of estate or liquidation of the other party's affairs, all that it owes to the user by virtue of any contact shall immediately become fully due and payable.
ARTICLE 16: CANCELLATION/TERMINATION
1. The other party waives all rights to terminate the agreement pursuant to Article 6:265 et seq. of the Dutch Civil Code or other statutory provisions unless cancellation has been agreed pursuant to the article below.
2. Cancellation by the other party is only possible if the user agrees to it. In that case, the other party is obliged to pay the user, in addition to compensation of at least 20% of the purchase price (contract price), to purchase items already ordered, whether or not processed, against payment of the cost price. The other party is liable to third parties for the consequences of the cancellation and indemnifies the user in this regard.
3. Amounts already paid by the other party will not be refunded.
ARTICLE 17: APPLICABLE LAW/COMPETENT COURT
1. The agreements concluded between the user and the other party are exclusively governed by Dutch law. Disputes arising from the agreements will also be settled under Dutch law.
2. Any disputes will be settled by the competent Dutch court, although the user is entitled to bring a case before the competent court in the place where the other party lives and/or is established.
3. If the other party is a natural person who is not acting in the exercise of a profession or business, this applies within 1 month after the user has informed the other party that the case will be submitted to the Court.
PAYMENT
We accept the following payment methods:
– Credit/Debit card
– IDeal
– Klarna
– Klarna Slice it
– Apple & Google Pay
– Bancontact
– On invoice
We recommend that you first report complaints to us by sending an email to info@meindersma.nl. If this does not lead to a solution, it is possible to register your dispute for mediation via Stichting WebwinkelKeur. As of 15 February 2016, it is also possible for consumers in the EU to register complaints via the ODR platform of the European Commission. This ODR platform can be found at http://ec.europa.eu/odr . If your complaint is not yet being processed elsewhere, you are free to file your complaint via the European Union platform.
