Terms and conditions

Terms and conditions

Article 1: Applicability

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

Article 2: Quotations and prices

1. Every quotation from Hout met Historie is based on the availability of the material from stock, in other words subject to prior sale. This means that no rights may be derived from quotations and that they are by definition non-binding.
2. All prices are exclusive of VAT, unless stated otherwise.
3. Quotations for material in stock (see also clause 2.1) are, as a rule, valid for thirty days.
4. Quotations for timber are calculated on the basis of gross volume (cross-section x length), including any wastage from sawing. Any transport costs or other processing costs are not included in quotations, unless stated otherwise.

Article 3. Payments and delivery

1. An obligation to deliver arises only upon written order confirmation from Hout met Historie, and at the prices and conditions applicable on the day the order is placed.
2. The other party must pay a deposit of 50% at the time the agreement between Hout met Historie and the other party is concluded.
3. The other party must pay the full amount before delivery or at the time of delivery. No delivery will take place if the full amount has not (yet) been paid.
4. Transport always excludes unloading, unless expressly agreed otherwise. Transport is subject to availability. Where transport including unloading has been agreed, the goods will be unloaded next to the vehicle. Hout met Historie reserves the right at all times to unload only at a location the driver considers suitable.

Article 4. Storage

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

Article 5: Retention of title and complaints

1. The materials delivered remain the property of Hout met Historie for as long as the other party has not (yet) paid the full amount due. In this context, paid means that the money has either been handed over in cash, transferred via a card terminal or already received in Hout met Historie's account.
2. The other party must check the materials (as to quantity, condition, etc.) at the time of delivery. If the other party wishes to make a complaint about material (only in the case of a non-conforming delivery), it must do so at the time of delivery, by noting the complaint, with reasons, on the delivery receipt.
3. Any complaint not made as described in 6.2 will not be considered.
4. Given the nature of the material, the other party is not entitled to make a complaint if the material shows minor differences in colour and quality.

Article 6: Liability

1. All material from Hout met Historie is delivered in the condition in which it exists at the time the agreement is 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 material, Hout met Historie is unable to guarantee the condition and/or future of the materials. This means that no guarantee whatsoever is given on the materials delivered. Hout met Historie is not liable for deviations in size, structure, pattern or colour, for deviations in physical properties arising from previous processing, or for possible toxic contamination, release of sediment, 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 in the condition in which it may have inspected them, including all apparent and latent defects.
2. Given the historical nature of the material, Hout met Historie is unable to guarantee the origin or the wood species of unprocessed material.
3. Hout met Historie is not responsible for damage to the material or to other objects resulting from the working or processing of the material. Any working or processing of the material is at own risk.

Article 7: Force majeure

Hout met Historie is entitled to invoke force majeure in all situations in which, through no fault or intention of Hout met Historie, the delivery of materials, or compliance with the agreement in some other respect, is reasonably rendered impossible or seriously impeded. Examples of such situations are: exceptional weather conditions, far-reaching government measures, fire, flooding, import or export restrictions or other extreme circumstances. If a situation of force majeure occurs, Hout met Historie is free to postpone delivery or to cancel the agreement.

Article 8: Applicable law and competent court

Dutch law applies to all agreements concluded between Hout met Historie and other parties. Disputes will be settled exclusively by the competent court in Leeuwarden, unless mandatory provisions of law provide otherwise.

Lemmer, 2019, Wietze Loijens and Jurjen Bijlholt