top of page

DELIVERY CONDITIONS

Article 1: Definitions
1.1 Laan Equipment (KvK 84048395) and its affiliated operating companies, as well as its legal successors under general title, are the user of these General Terms and Conditions and shall hereinafter be referred to as: "we", "us" and supplier.
1.2 "Other party" and/or "client" shall be understood to mean any (legal) person to whom we address our offers, as well as the person who addresses offers to us and the person who gives us an order, or the person with whom we enter into an agreement, and furthermore any person with whom we have any legal relationship and apart from such person, his representative(s), agent(s), assignee(s) and heir(s).


Article 2: Applicability
2.1 These General Terms and Conditions apply to all our offers, agreements, contracts of assignment (aimed at the performance of work by us) as well as all legal acts, deliveries, work and services performed by us, as well as services sold through us, including all pre-contractual situations as well as legal relationships to be entered into with us in the future regarding, among other things, the sale of (second-hand) machines, (company) vehicles, parts and accessories, the performance of repair, maintenance and other work on the products and/or machines and/or vehicles, and related services.
2.2 Deviations from and additions to these General Terms and Conditions shall only be binding on us if they have been agreed in writing.
2.3 If one or more provisions of these general conditions prove to be contrary to the law, the other provisions of these general conditions shall remain in full force.
2.4 In the event of a conflict between the contents of the agreement concluded between the other party and us and these general conditions, the provisions of the agreement shall apply.
2.5 If we do not always require strict compliance with these conditions, this does not mean that the provisions thereof do not apply, or that we would in any way lose the right to require strict compliance with the provisions of these conditions in other cases.

Article 3: Delivery time, delivery, risk
3.1 Delivery times shall be determined in mutual consultation, however, the delivery times and/or delivery dates stated by us shall never be regarded as firm deadlines unless agreed otherwise in writing.
3.2 If the exceeding of the delivery time is not due to our fault, the other party can never claim damages or dissolution of the agreement. If we engage a third party, such as a carrier, for the execution of an agreement with the other party, we shall not be liable for damage of the other party in connection with shortcomings of this third party.
3.3 If delivery is made including transport and/or shipping, that transport and/or shipping shall be at the expense and risk of the other party. This means that all costs in connection with this transport shall be at the other party's expense and that the other party shall bear the risk of loss, damage and late delivery of the purchased goods as well as the risk that agencies charge (unforeseen) costs in connection with this transport such as costs of inspection of the shipment by the customs authorities.  We explicitly exclude our liability for any damage arising during the loading and transport of goods to be transported and/or shipped by us, in cases where such damage is related to the load being secured improperly and/or the maximum axle loads and mass of the equipment used in such transport being exceeded and/or the dimensions permitted in the transport and/or shipment being exceeded.
3.4 If at the request of the other party we take care of the shipment of the goods or if the agreed parity of the ICC INCOTERMS imposes this care on us, the time, method of shipment and shipment route shall be at our discretion. We shall only take out transport insurance if this has been explicitly agreed in writing with the other party; all costs associated with this shall be for the latter's account.
3.5 At least 2 working days before the object is to be collected, the other party must state in writing whether it wishes to take out transport insurance.
3.6 Delivery shall be made from our office.
3.7 If the other party does not take delivery of the goods within the agreed period or fails to give us the opportunity to deliver the goods, it shall immediately be in default and the goods shall be stored at the expense and risk of the other party. If the other party refuses to take delivery of the goods within the period set by us, we shall be entitled to dissolve the agreement wholly or in part and to dispose of the goods in a manner to be determined by us, without being obliged to pay damages. We shall be entitled to recover our claim from the proceeds.
3.8 The risk of the sold products, machines and vehicles shall pass from us to the other party at the moment of delivery. In case of sale of a vehicle the other party shall be obliged to insure the vehicle from the moment of delivery.
3.9 All purchased products and services must be purchased as a whole, a down payment cannot be used to pay for a part of an order. Partial deliveries are only possible by means of a written confirmed change in the order.
3.10 In principle, machines and vehicles are sold without registration and documentation. The other party shall itself assess whether the registration, machine, vehicle and export documentation present or to be supplied by us is sufficient for import or registration in the country of destination. We are in no way responsible or liable for this.
3.11 If we do not have any registration, machine, vehicle and/or export documentation required by the other party and we do trust that we shall obtain this documentation, we shall indicate an indicative date of receipt, from which no rights whatsoever can be derived by the other party. If the other party has purchased a machine or vehicle from us and wishes to put it into operation before all documentation is available, this shall be entirely at the risk of the other party and any damage resulting therefrom cannot be recovered from the supplier. The delivery or subsequent delivery of the documentation concerned is purely a best-efforts obligation on the part of the supplier.

 

bottom of page