CamperfiXX B.V. and www.camperfixx.nl
Article 1. Definitions
1. By the terms mentioned in the general delivery terms and conditions, the following is meant:
• CamperfiXX B.V. : contractor, located at St. Jacobiparochie, municipality Het Bilt, registered with the Chamber of Commerce under the number 620 02 9681; the user of these general terms of delivery.
• Customer: the counterparty.
• Product: the pieces of furniture and other items created by Camperfixx B.V. 'Product Description' means that part of the website on which certain terms and conditions with respect to the individual Product are provided.
• Agreement: the agreement of purchase, in which Camperfixx commits itself to the production and delivery of a Product as ordered by Customer.
1. These general delivery terms apply to all Agreements between Camperfixx and the Customer as well as to all bids and offers issued by Camperfixx.
2. Additions or modifications to these general terms of delivery can only be binding for Camperfixx in case they have been recorded in writing.
3. Any possible terms of purchase or other conditions introduced by the Customer are explicitly rejected.
4. If any provision of these general terms and conditions of delivery proves invalid or void, the remaining provisions remain in full force.
1. All bids and offers by Camperfixx are without obligations, except for when a term for acceptance has been listed.
2. In case no term for acceptance has been listed, the offer expires after 30 days.
3. If Camperfixx wishes to charge costs for submitting an offer, it will notify the Customer in advance.
4. The Agreement is established when Camperfixx, after the Customer’s acceptance of the bid, confirms this acceptance in writing, or, if this written confirmation is not provided, when it starts with the execution of the Agreement. Paying the stipulated deposit is considered the Customer’s acceptance of Camperfixx’ offer.
1. The Customer can cancel the Agreement at all times. In this case, the Customer owes 15% of the agreed price, or, if the price is determined based on the actual hours spent and materials, of the estimated price. In addition, the Customer is required to pay all costs Camperfixx has already made with respect to the Agreement, minus the savings Camperfixx has as a result of cancellation.
1. Camperfixx carries out the Agreement to the best of its understanding and abilities and in accordance with legal regulations.
2. Camperfixx has the right to employ third parties for the execution of the Agreement.
3. When Camperfixx performs activities on site at the Customer, the Customer is responsible for the availability of the necessary connections, energy and auxiliary machinery, unless agreed otherwise. These costs are for the Customer.
4. When Camperfixx places the Product on site at the Customer, the Customer is responsible for the preparatory work performed by him or by third parties on behalf of him. Damages suffered by Camperfixx due to no or improper preparatory work will be charged to the Customer.
5. The Customer shall ensure that all information and documents, which Camperfixx has indicated to be necessary for the execution of the Agreement, or of which the Customer can reasonably understand that these are necessary, are available to Camperfixx in a timely manner.
6. The Customer bears the risk of damage relating to all designs, constructions, drawings, calculations, materials, auxiliary persons, suppliers, implementing rules supplied or prescribed by him and Camperfixx’ designs approved by him.
7. Notwithstanding the provisions in previous clause of this article, Camperfixx will alert the Customer when the designs, constructions, drawings, calculations, materials, auxiliary persons, suppliers or implementing rules issued or prescribed by him are clearly incorrect or unsuitable for the execution of the Agreement.
8. The execution of the Agreement will only be scheduled by Camperfixx when the Customer has paid the agreed deposit.
Article 6. Alteration Agreement
1. If, during the execution of the Agreement, it turns out that in order to execute the Agreement properly, an alteration or amendment to the Agreement is necessary, Camperfixx and the Customer will discuss this.
2. An alteration or amendment to the Agreement may influence the time of completion of the Agreement. Camperfixx will notify the Customer of this. In this case, the customer can no longer refer to the delivery term originally agreed.
3. If the alteration or amendment of the Agreement has financial consequences resulting from additional or less work, Camperfixx is authorized to charge these to the Customer. Camperfixx will notify the Customer of this in advance.
4. The settlement of additional or less work will take place at the final invoice.
5. Camperfixx is not authorized to charge for additional work when the cause of the additional work is situated in circumstances for which Camperfixx can be blamed.
6. Camperfixx is authorized to charge the Customer cost-increasing circumstances based on legal regulations.
7. If price increases occur in the raw materials necessary for the execution of the Agreement after the Agreement has been concluded, Camperfixx is authorized to charge the Customer these price increases. In that case, the Customer not acting as a professional or business is authorized to cancel the Agreement free of charge.
Article 7. Delivery term and completion of the Agreement
1. Camperfixx will make every effort to complete the Agreement within the given delivery terms. Unless agreed otherwise, the given delivery terms are merely of an indicative nature and they can therefore never be regarded as a definite term. When exceeding a delivery term, the Customer must declare Camperfixx to be in default in writing and give Camperfixx a reasonable term to fulfill its obligations still.
2. When exceeding a delivery term, or there is a threat of exceeding a delivery term, Camperfixx will consult with the Customer.
3. When Camperfixx takes care of the placement of the Product on site at the Customer, it will notify the Customer of this in writing or verbally once completed. The Customer is expected to have accepted the result of the Agreement when he declares so to Camperfixx, or if such statement is omitted, he fails to prove the contrary in writing within 3 days of Camperfixx’ notice of completion of the Agreement.
4. The risk for the Product shall pass to the Customer upon delivery. When Camperfixx takes care of placement of the Product on site at the Customer, the risk for the Product shall be passed on through the acceptance of the results of the Agreement in accordance with the third clause of this article.
5. If the Customer, for any reason, cannot or will not receive the Product on the given day of delivery, Camperfixx is authorized to charge the Customer the extra costs relating to this, including the costs for the storage of the Product.
Article 8. Prices and payment
1. All prices mentioned in bids and offers are excluding VAT, unless indicated otherwise.
2. Camperfixx and the Customer can agree on a fixed contracting price.
3. Camperfixx and the Customer can agree to determine the price afterwards, based on actual hours spent and materials. In this case, Camperfixx will notify the Customer of the hourly rate in advance, the estimated amount of work hours and the estimated material costs.
4. Unless agreed otherwise, Camperfixx will charge 50% of the agreed or estimated price as deposit. The remaining portion of the price will be charged upon completion of the Agreement in a final invoice.
5. Unless agreed otherwise, the deposit stipulated by Camperfixx should be paid before the start of the execution of the Agreement and payment of the final invoices should be done within 14 days after shipment. Objections to the amount of the invoice do not suspend the payment obligation.
6. If the Customer has not promptly fulfilled his obligation to pay as specified in the previous clause, he is in default by the expiration of that period, without any further notice is required. From that moment on, the Customer owes an interest of 1.5% per month on the outstanding claims. Additionally, the Customer is obliged to compensate Camperfixx for the reasonably incurred judicial and extrajudicial costs of collection.
Article 9. Warranty
1. Camperfixx undertakes to repair defects to materials, construction or installation of the Product that show within 6 months after delivery at its own costs.
2. This obligation expires when:
• The defect was already visible upon delivery but the Customer stipulated no recovery at that moment;
• The defect is a result of incorrect use or insufficient maintenance by the Customer;
• Alterations or repairs are performed at the Product by or on behalf of the Customer without permission of Camperfixx;
• The defect is the result of regular wear and tear;
• The defect is the responsibility of the Customer in accordance with the Agreement or other provisions of these general delivery terms;
• The Customer gives Camperfixx insufficient opportunity to fix the defect.
3. To be entitled to repair, the Customer must notify Camperfixx of the identified defect in writing as soon as possible, but in any case within two months.
4. When a product is composed of different parts of solid wood or plywood, a difference of color may arise between these separate parts. Such differences cannot be regarded as a defect to the Product and therefore give the Customer no entitlement to repair, replacement or reimbursement, or to annul the Agreement.
5. The samples and steel presented by Camperfixx on which the Customer can base his choice for the materials to be used may deviate, within reasonable limits, from the materials used in the Product. Such deviations cannot be regarded as a defect to the Product and therefore give the Customer no entitlement to repair, replacement or reimbursement, or to annul the Agreement.
6. Wood is a natural product. The effects on the Product by qualities inherent to the wood such as swelling, shrinking and bending, cannot be regarded as a defect to the Product , unless excessive, and therefore give the Customer no entitlement to repair, replacement or reimbursement, or to annul the Agreement.
7. That discussed in this article does not affect the remaining rights of a Customer not acting in the exercise of a profession or business.
Article 10. Liability
1. Camperfixx is, except for fulfilling the obligation described in article 9 of these general terms of delivery, never obliged to pay any direct or indirect loss arising from or caused by defects in the Product, the not, not timely or not properly functioning of the Product or any other failure in the execution of the Agreement.
2. If Camperfixx, despite that determined in the first clause of this article, proves to be liable for any damages on the part of the Customer, this liability is limited to once the invoice price of the Agreement to which the damage is related at all times.
3. The clauses 1 and 2 of this article do not apply when the damage is the result of intent or gross negligence of Camperfixx.
4. When the Customer does not act in execution of profession or company, clauses 1 and 2 of this article do not apply in case of liability of Camperfixx pursuant to section 6.3.3. of the Dutch Civil Code Book.
Article 11. Force Majeure
1. If it becomes apparent that the execution of an Agreement becomes objectionable or impossible for Camperfixx as a result of force majeure, Camperfixx has the right to, to the extent that this has not been executed yet, annul the Agreement through a written statement without being obliged to compensate for any damage. Camperfixx will notify the Customer of the circumstances that make further execution objectionable or impossible.
2. By force majeure is meant in these general terms, aside from that which is understood in the law and jurisprudence, all external causes, foreseen or unforeseen, on which Camperfixx has no influence, yet which render Camperfixx unable to fulfill its obligations. Work strikes in the company of Camperfixx are included in this.
Article 12. Intellectual property
1. The rights of intellectual property on the Product and all documents such as drawings, images, technical descriptions and designs that are created in the context of a bid, offer or the Agreement are held by Camperfixx. The Customer is not allowed to multiply, publish or issue to third parties the Product or the documents without written permission of Camperfixx.
2. If a bid or offer does not lead to an Agreement, the Customer must destroy or return all documents relating to that bid or offer on first request by Camperfixx.
Article 13. Assurance and retention of title
1. If, after concluding the Agreement, Camperfixx can reasonably not be sure that the Customer will honor its payment obligations, it can stipulate assurance. As long as the assurance is not provided, Camperfixx is authorized to suspend the execution of the Agreement or to terminate the Agreement.
2. The property of the Product and the remaining materials supplied are only passed on to the Customer when he has paid all that which is payable under any agreement with Camperfixx.
3. The Customer is required to treat the Product and the other materials supplied carefully, and he does not have the right to encumber or pledge these until he has fully fulfilled his obligations to Camperfixx.
Article 14. Dissolution, suspension
1. Camperfixx is authorized to suspend the execution of the Agreement or to dissolve the Agreement, if:
• The Customer is declared bankrupt or has been granted suspension of payment;
• The Customer does not or not fully comply with the obligations under the Agreement;
• After concluding the Agreement, Camperfixx learns of circumstances that give reason to believe the Customer will not meet his obligations.
2. If the Agreement is dissolved, Camperfixx’ claims to the Customer are immediately payable. In case Camperfixx suspends the execution of the Agreement, it retains its rights from the law and the Agreement.
Article 15. Applicable law and disputes
1. To every Agreement between Camperfixx and the Customer, Dutch law is applicable exclusively.
2. All disputes between Camperfixx and the Customer shall be submitted exclusively to the competent court in the Netherlands.