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FINANCIAL AND PAYMENT 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 terms and 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 terms and conditions in other cases.

Article 3: Offers
3.1 All our offers and quotations are without obligation, unless they contain a period for acceptance, in which case the offer lapses after this period.
3.2 Modifications and/or promises made by us after the offer, either orally or in writing, shall constitute a new offer, in which case the previous offer shall lapse.
3.3 If an acceptance by the other party deviates from the offer, this shall be considered as a new offer by the other party and as a rejection of our entire offer, even if there is only a deviation on minor points.


Article 4: Prices
4.1 The prices quoted by us are net prices and are exclusive of turnover tax and other government charges and/or third-party charges (including bank transaction charges) on the sale and/or delivery and/or execution of the agreement and are based on delivery ex our office, unless otherwise agreed in writing.
4.2 The prices quoted by us shall be quoted in Euros, or in another currency agreed by us; any differences in exchange rates shall be at the risk of the other party, unless further agreed in writing.
4.3 If the term of payment in Article 5.1 is exceeded, we reserve the right to charge any exchange rate differences by means of a proportional price increase. 5.4 We reserve the right to charge the other party for a proportional price increase, if after the conclusion of the contract an increase occurs, whether or not foreseen, in one or more price-determining factors and/or statutory levies, including wages, premiums, materials, (transport) rates (of third parties) and exchange rate changes.
4.5 If not explicitly agreed otherwise in writing, delivery costs, service costs and costs for shipping, etc. are never included in our price.
4.6 Price increases resulting from additions and/or changes to the agreement shall be for the account of the other party.
4.7 Costs incurred because the other party has failed to make the execution of the agreement possible and/or because circumstances occur that can be attributed to the other party as a result of which costs have been incurred by us, shall be charged by us to the other party.
4.8 We shall not be liable for any errors in the texts of printed matter, (online) advertisements and/or other forms of marketing communications.

Article 5: Payment
5.1 The other party shall be obliged to pay all invoices before the delivery of the goods concerned or before the performance of the activities/services concerned, unless explicitly agreed otherwise in writing. We shall no sooner deliver the goods concerned or perform the activities and/or services concerned than after full payment of all invoices. All invoices must be paid by the other party no later than 8 days after the conclusion of the agreement, unless explicitly agreed otherwise in writing. Settlement with claims the other party claims against us shall not be permitted.
5.2 We shall, however, have the possibility to approve postponement of payment. In doing so, we shall be entitled to let the agreed discount lapse, to demand from the other party, with retrospective effect, 2% interest on the outstanding amount per month and to demand from the other party €35.00 for storage costs per machine or vehicle per day. In addition, we reserve the right at all times to dissolve the agreement in whole or in part.
5.3 The Other Party shall be obliged to make a down payment of at least 10% of the gross sales value of the Subjects, with a minimum of €1,500 per Subject, or another amount to be determined by Us in the contract or an annex thereto, within two days of the conclusion of the contract. If payment is not made (on time), we shall be entitled to suspend the performance of our obligations.
5.4 If the down payment referred to in article 5.3 has not been received by us within two days, we shall be entitled to dissolve the contract or a part thereof without notice of default and without judicial intervention.
5.5 If the other party wishes to export an object for its own account and risk, outside the European Union, the other party must have paid a deposit before delivery of the object, which deposit shall be refunded after the object has been exported (and registered) correctly electronically. Unless otherwise agreed in writing a deposit of the amount of Dutch VAT applies per object.
5.6 If the other party fails to pay (on time) foreign currency amounts within the term(s) referred to in article 5.1 or 5.3, we reserve the right to pass on to the other party any exchange rate fluctuations in relation to the euro.
5.7 Payments made by the other party will always serve to pay all interest and costs due and subsequently to pay the claims under the agreement which have been due the longest, even if the other party states that the payment relates to a different claim.
5.8 Laan Equipment and/or its group companies, for whom we act as authorized agent with respect to the provisions of this article, are at all times authorized to set off all that we, both separately and jointly, have to claim from and/or owe to the other party against all that the other party has to claim from and/or owes to us, or to invoke a right of suspension with respect to that (one or more) claim(s). Laan Equipment, its group companies and the Other Party agree that the right of set-off has been extended and that reciprocity for set-off is therefore not necessary.
5.9 In the event of the other party's (application for) liquidation, insolvency, bankruptcy or suspension of payment, the other party's claims, on any account whatsoever (including those of the parties referred to in Article 5.8), will be immediately due and payable.
5.10 Cash payments can only be made with due observance of the legal requirements and on presentation of a valid identity document. In this respect the receipt issued by us shall serve as the only valid proof of payment.

 

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