General Terms and Conditions

General Terms and Conditions

Article 1: Applicability 

  1. These conditions apply to all quotations issued by Hout met Historie and to all agreements concluded between Hout met Historie and a counterparty. 
  2. These general terms and conditions shall prevail over the general terms and conditions of the other party. Exceptions to this rule must be confirmed in writing between both parties. 

Article 2: Quotations and prices 

  1. All quotations by Hout met Historie are made on the basis of availability of the material from stock, or in other words subject to interim sales. This means that no rights can be derived from quotations and that they are by definition without obligation. 
  2. All prices are exclusive of VAT unless otherwise indicated. 
  3. Price quotations for materials in stock (see also section 2.1) are generally valid for 30 days. 
  4. Price quotations concerning lumber are calculated on a gross basis (head size x length), including any sawing loss. Any transportation costs or other processing costs are not included in price quotations unless otherwise stated. 

Article 3. Payments and Delivery 

  1. An obligation to deliver arises only by written confirmation of order from Hout met Historie and at the prices and conditions of the day of order. 
  2. The other party shall pay a deposit of 50% at the time the agreement between Wood with History and the other party is entered into. 
  3. The other party must pay the full amount before delivery, or at the time of delivery. No delivery will be made if the full amount is not (yet) paid. 
  4. Transport is always exclusive of unloading, unless expressly agreed otherwise. Transport is based on availability. When transport including unloading has been agreed, unloading will take place next to the vehicle. Hout met Historie reserves the right at all times to unload only at a location deemed suitable by the driver. 

Article 4. Storage 

  1. The other party must take delivery of the purchased material within two months. After these two months, a market-based rate will apply for storage and transshipment. 
  2. Storage on the premises of Hout met Historie will be at the risk of the other party. 

Article 5: Reservation of ownership and advertising 

  1. The materials delivered will remain the property of Hout met Historie if the other party has not (yet) paid the full amount due. Paid means in this case that the money has either been transferred in cash, or transferred by means of a pin device, or has already been deposited in the account of Hout met Historie. 
  2. The other party must check the materials (with regard to number, condition, etc.) at the time of delivery. If the other party wishes to complain about materials (only in the event of an abnormal delivery), the other party must make this known at the time of delivery, by marking the complaint with reasons on the receipt. 
  3. Any complaint not made known as described in 6.2 will not be considered. 
  4. Given the nature of the material, the other party does not have the right to complain when the material is subject to minor differences in color and quality. 

Article 6: Liability 

  1. All the materials of Hout met Historie will be delivered in the condition they were in at the time the agreement was concluded. The other party is free to inspect the condition and quality of the materials before entering into the agreement. Given the historical nature of the materials, Hout met Historie is unable to guarantee the condition and/or the future of the materials. This means that no guarantee will be given on the materials delivered.Hout met Historie is not liable for deviations in size, structure, pattern, color, deviations in physical properties caused by previous processing, possible toxic contamination, sediment escaping, vermin, or exposure to radiation of the products delivered. When the other party signs an agreement with Hout met Historie, it thereby accepts the materials as possibly inspected by the other party, including all known and unknowable defects.  
  2. Given the historical nature of the material, Wood with History is not able to guarantee the origin or the type of wood of raw material. 
  3. Wood with History is not responsible for damage to the material or other objects resulting from processing or handling of the material. Processing or handling of the material is done at your own risk. 

Article 7: Force Majeure 

Hout met Historie is entitled to invoke force majeure in all situations in which, through no fault of Hout met Historie's, the delivery of materials or the observance of the agreement is otherwise reasonably rendered impossible or is seriously impeded. Examples of such situations are: special weather conditions, far-reaching government measures, fire, flooding, import or export restrictions or other extreme circumstances. When a situation of force majeure occurs, Hout met Historie will be free to postpone the delivery or cancel the agreement. 

Article 8: Applicable law and competent court 

Dutch law shall apply to all agreements concluded between Hout met Historie and the parties. Disputes will be exclusively settled by the competent court in Leeuwarden, unless the law imperatively states otherwise. 

 

Lemmer, 2019, Wietze Loijens and Jurjen Bijlholt

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