General Supply, Payment and Rental Conditions

General

Joosten Kunststoffen bv accepts no liability for any omissions or inaccuracies in our catalogues, brochures, quotes, order confirmations or invoices. We cannot be obliged to supply at a printed price that may be incorrect.

The conditions below apply to all our quotes and any agreement concluded with us. Any differing conditions shall only be binding if we have accepted them in writing in advance. Unless expressly agreed otherwise in writing, customers' purchase conditions shall only apply providing they do not conflict with these conditions of supply. In the event of doubt, our conditions shall take precedence.

Quotes

All our quotes are non-binding; acceptance of a quote shall only be binding on us if confirmed by us in writing or from the time we start implementation. This also applies to quotes or promises made by our representatives or other staff working on our behalf and to any agreements made by them.

Sizes, weights, illustrations and technical data

The sizes, weights and technical data shown in our quote, catalogues, brochures, price lists and other material, as well as any illustrations, are for indicative purposes only and are not binding unless we issue a written guarantee.

We hold sole copyright to the illustrations, drawings, diagrams and designs issued by us, as well as to anything published by us in general. These publications and their content may not be disclosed to third parties in any form whatsoever, in full or in part, without our consent.

Prices

All prices are shown without obligation, based on the works prices, exchange rates, import duties and similar levies, insurance premiums, freight costs, taxes, margin regulations etc. applicable at the time of the transaction.

If one or more of these factors should change prior to delivery, we shall be entitled to increase the aforementioned prices accordingly.

Unless otherwise specified, our prices are shown as unit prices exclusive of VAT. Trade discounts only apply to orders of a gross value (excl. VAT) in excess of a limit defined by us.

Delivery

All deliveries within The Netherlands are carriage paid to the delivery address. We reserve the right to make a delivery charge for orders below an invoice amount (excl. VAT) to be defined by us and an extra charge will be calculated according to our applicable rate at the time of delivery.

Goods to be delivered by us travel at out risk. This risk is transferred to the customer on delivery or attempted delivery. If goods are refused at the delivery address, the customer shall still bear the risk. We are entitled to cover the goods against the risks we define at the customer's expense.

Lead times

The delivery date scheduled by us is not binging and is only indicative unless a specific delivery date is expressly guaranteed by us in writing. Failure to meet a particular delivery date for any reason whatsoever shall not oblige us to make any form of compensation to our customer for any harm that may be suffered by him or a third party; nor shall our customer be entitled to dissolve the agreement or to any postponement of any obligations that he might have arising from the agreement in question or any other agreement entered into with him.

We are entitled to deliver an order in full or in successive parts as the goods become available. In the latter case, we are still entitled to demand payment on invoice relating to a part delivery. Notwithstanding the above, for transactions on demand, the purchased goods shall as far as possible be distributed in equal quantities and instalment over the period defined for the purchase; if this does not happen, the customer shall be deemed to be in default without any reminder or notice of default from us, and we shall be entitled to cancel the agreement.

Cancellation

In the event of force majeure and other such circumstances in which we cannot reasonably be required to fulfil the transaction - including if we are unable to deliver because of our own suppliers for any reason whatsoever - the obligation to deliver shall be suspended and the lead time extended by a period equivalent to the time during which the circumstances persist. If the lead time should be extended by more than three months, we shall be entitled to cancel the transaction in full or in part for the part that has not yet been fulfilled without any compensation being due.

If part of the transaction is fulfilled, the customer shall owe an equivalent proportion of the total price. If the customer unexpectedly fails to meet its obligations - including failure to make a payment at the agreed time - we shall always be entitled to declare the transaction cancelled without the need for any reminder or notice of default, notwithstanding our claim for compensation. We shall further be entitled to cancel all other current transactions with the customers in question, providing they have not yet been fulfilled, under the same conditions; any cancellation shall result in all monies owed to us becoming payable on demand.

Payment

Payment of invoice amounts should always be made without discount or setoff within thirty days of the invoice date, either at our offices or to our giro or bank account. We are also authorised to collect by bill of exchange. Payment by any other method, in particular cash in hand to our employees, shall only be valid with our written confirmation.

If invoice amounts or parts thereof are not paid in full on time, penalty interest shall be applied at the statutory rate plus two percent. We shall also be entitled to suspend delivery of the goods pertaining to the transaction in question or other transactions.

If we place late payment of our claim(s) in the hands of a third party for collection, we shall notify the customer of this in writing. We shall generally give him a short period defined by us within which he can still meet his obligations unless immediate collection measures are deemed necessary. If we decide on collection measures, the associated costs shall be borne in their entirety by the customer. We may, at our discretion, pass on the actual costs charged to us or charge an amount equivalent to ten percent of the amount owed to us (principal, including credit limit supplement, and penalty interest).

We reserve the right to demand security for prompt payment at any time with a view to deliveries already made or yet to be delivered. This security may take the form of advance payment or a bank guarantee.

Reservation of ownership

All goods that have been and have yet to be delivered shall remain our property until the customer has met all his obligations in full.

As long as the ownership of the goods has not passed to the buyer, these goods may not be pledged or any other rights to the goods granted to third parties except within the normal running of his business.

The buyer undertakes to store the goods supplied under reservation of ownership with the necessary care as the identifiable property of Joosten Kunststoffen bv. If the buyer defaults on his payment obligations or has payment difficulties, we shall be entitled to recover the goods supplied under reservation of ownership that are still at the buyer's premises.

Guarantee and liability

In respect of the delivery of goods, we shall grant our customer the same guarantee that is granted to us by our supplier under the same conditions.

We shall only accept further guarantees if they have been granted in writing. These shall be limited to a maximum of EUR 25,000 per event including consequential damages. A guarantee is never granted in respect of breakage.

Joosten Kunststoffen bv shall never accept liability in excess of the obligation to replace the faulty product. In particular we accept no liability to pay further damages, including transport costs and consequential damages. The customer must indemnify us against any third party claims arising from the harm suffered.

Complaints

Complaints must be submitted to us in writing within six working days of delivery of the goods, accompanied by the packing slip in question. Verbal complaints and complaints submitted after expiry of this deadline will not be accepted.

Complaints relating to goods collected from our warehouse will only be handled if the goods are returned.

Submission of a complaint does not exempt the customer from his obligation to pay the invoice.

Authorised court

Disputes between customers and Joosten Kunststoffen bv shall, at our discretion, be settled either by the authorised court in Arnhem or by the authorised court at the customer's domicile. Our agreements shall be subject to Dutch law.

Rental

The above conditions shall apply to agreements relating to the rental of goods from Joosten Kunststoffen bv with the exception of the following differing conditions.

Rented goods should be collected from our warehouse. The rented goods will be shipped to the renter on request. The transport costs shall be borne by the renter.

The renter is liable for any damage, theft or loss of the rented goods.

Joosten Kunststoffen bv is entitled to demand a security deposit for the rented goods. This sum will be refunded once the rented goods have been returned clean and undamaged. We are entitled to charge compensation as well as a security deposit.