Terms & Conditions - TigerStop EN

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TigerStop EN

Terms & Conditions

TigerStop NL

General terms and conditions of TigerStop® B.V. located at (7641 AM) Wierden Bedrijvenstraat no. 17 with Chamber of Commerce number 08098787.

 

Article 1.             Definitions

  • TigerStop® means: TigerStop® B.V.with Chamber of Commerce number 08098787.
  • The term “client” refers to the legal entity or natural person who has commissioned TigerStop® to deliver goods or perform work, or the party who has invited TigerStop® B.V. to submit a proposal.
  • Order means: the agreement under which TigerStop® has committed itself to the client to deliver goods or perform services.
  • Product means: TigerStop® core products.
  • Written means: by letter, fax, e-mail or other document whose contents can be preserved and accessed.
  • Conditions means: the present General Terms and Conditions of TigerStop®.

 

Article 2.             Applicability

  • These conditions apply to all offers, sales, deliveries, and agreements between TigerStop® and the client. By placing an order, the client unconditionally agrees to these terms and conditions.
  • These terms and conditions apply both inside and outside the Netherlands, regardless of the residence or place of business of the client, and regardless of where the agreement is concluded.
  • The client’s general terms and conditions do not apply and are expressly rejected unless expressly agreed otherwise in writing.
  • Deviations from these terms and conditions shall only be legally valid if the parties have expressly agreed to these deviating arrangements in writing. The other provisions of these terms and conditions, which are not expressly waived, remain in full force and effect.
  • In the event that any provision of these terms and conditions is void or nullified, the remaining provisions shall remain in full force and effect. The parties will enter into consultations to arrive at new provisions to replace the null and void or nullified provisions, taking into account as much as possible the purpose and meaning of these provisions.

 

Article 3.             Quotations

  • Offers or quotations made by TigerStop® are non-binding, unless expressly agreed otherwise in writing.
  • Offers or quotations are prepared on the basis of the data provided by the client to TigerStop®.
  • Illustrations, websites, catalogs, brochures, advertisements, drawings or otherwise provided by TigerStop® regarding size, capacity, performance or results have been prepared with due care, but only give a general representation of the products offered. The client can in no way derive any rights from the aforementioned information provided, nor from any potential inaccuracies.

 

Article 4.             Order

  • The order is established when TigerStop® has sent an order confirmation to the client or when the order prepared by TigerStop® is signed by the client and received by TigerStop®. Orders to TigerStop® shall constitute irrevocable orders.
  • The content of the order is determined by the TigerStop® offer or quotation and/or order confirmation and these terms and conditions. Any additional work beyond the scope of the order will be charged to the client separately.
  • Changes to the original order of any kind must be accepted by TigerStop® in writing. The originally agreed deadline for performance shall lapse as a result of the change. If this increases the agreed price in the offer or quotation, TigerStop® is entitled to increase the price accordingly.
  • The client cannot assign the rights and obligations under the agreement between TigerStop® and the Client to third parties unless TigerStop® has given its express prior consent.

 

Article 5.             Prices

  • Unless otherwise stated, the prices quoted in the order are in Euros exclusive of VAT, shipping costs, insurance premiums, customs duties and other charges. Prices are, unless otherwise indicated in writing. Based on delivery Ex Works, Wierden, Netherlands, (Incoterms 2020).
  • The prices mentioned in the offer or quotation are based on the costs known at that time. In the event of an increase in any of the costs, TigerStop® is authorized to change the price offered accordingly. If the increase exceeds 10%, the client is entitled to cancel the order within a period of 10 working days.

 

Article 6.             Invoicing and payment

  • All sales must be paid prior to delivery unless the client has credit terms with TigerStop®.
  • Payment by client to TigerStop® shall be made within 14 days of the invoice date. Payment by Client to TigerStop® shall be made prior to delivery to designated bank or checking account of TigerStop®. Unless Client and TigerStop® have agreed otherwise.
  • If the client has not ensured payment within the aforementioned period, the client shall be in default by the mere expiry of the agreed payment period, regardless of whether or not the exceeding thereof can be attributed to the client.
  • If the term of payment is exceeded, the client shall owe interest on the outstanding amount at the rate of 2% per month, with part of a month counting as a whole month.
  • TigerStop® is authorized to suspend its obligations with immediate effect in the event of default on the part of the Client.
  • All extra judicial and judicial costs incurred by TigerStop® in connection with a dispute with Client shall be borne by Client.
  • Delays in the execution of the order on the part of TigerStop® shall not affect the terms of payment.
  • In the event that, in the opinion of TigerStop®, the client’s financial position or payment record warrants it, TigerStop® is entitled to require that the client provide payment security to TigerStop® upon or after entering into the order, prior to proceeding with the execution of the order. If Client does not comply with the request of TigerStop® to provide payment security then TigerStop® is entitled to immediately suspend the execution of the order or to terminate it in whole or in part without notice of default or judicial intervention without prejudice to its right to compensation for losses suffered by it. All that the client owes on account of the order is immediately due and payable.
  • Objections to an invoice must be submitted in writing and with reasons to TigerStop® by the client no later than 10 days from the invoice date. If the client has not made its objections known within the aforementioned period then these objections will no longer be considered and will lapse. Objections to the amount of the invoice do not suspend the client’s obligation to pay.

 

Article 7.             Delivery time and transportation

  • The delivery time mentioned in the offer or quotation will be observed by TigerStop® as much as possible, but it is not binding.
  • Exceeding the delivery deadline by TigerStop® never gives the client the right to compensation, termination of the agreement or non-fulfillment of any obligation arising from the order.
  • If TigerStop® expects that the specified delivery time will be exceeded, TigerStop® will contact the client to agree on a new delivery deadline. If this new delivery period is again exceeded by more than 2 weeks, the client has the right to dissolve the contract.
  • The cost of transportation shall be borne by the client. Unless otherwise agreed in writing, all deliveries shall be Ex Works Wierden in accordance with Incoterms 2020. All risks associated with transportation shall pass to Client at the time the goods are delivered in accordance with the agreed delivery condition.
  • The client is under an obligation to purchase. If the client fails to take delivery of the products at the agreed delivery time, or otherwise fails to accept the products, TigerStop® has the right to convert the delivery into a pickup obligation for the client, after TigerStop® has notified the client accordingly. The costs TigerStop® must incur for this will be borne by the client.
  • TigerStop® has the right to charge storage fees if the client has not collected the products within 2 weeks after the agreed delivery period. Storage charges are calculated per pallet space per week.

 

Article 8.             Retention of Title

  • Ownership of the product delivered by TigerStop® shall only transfer to the client once the client has fulfilled all of their (financial) obligations towards TigerStop® related to the order, including the purchase price and any additional costs.
  • Any incorporation or installation of TigerStop® products in another item does not make the incorporated products a component of that other item. The retention of title from Article 14.1 remains in full force and effect.
  • TigerStop® is authorized to take back the delivered products that have remained in its ownership at the expense of the client. Such repossession shall be regarded as termination of the order.
  • For transactions with a client located in a country where an extended retention of title applies, TigerStop® has the right to declare the extended retention of title applicable there at any time it wishes.

 

Article 9.             Complaints

  • Upon receipt, the client signs for receipt of the products. By signing the receipt provided by or on behalf of TigerStop®, the Client certifies that it has received the products in externally good condition.
  • Any complaints, both on delivery of the products, the services provided and the invoice amounts, must be submitted in writing to TigerStop® within 10 days of receipt of the products or services or of the relevant invoices, accurately stating the facts to which the complaints relate.
  • In case the complaints do not meet the requirements mentioned in Article 9.1, then the complaints cannot be submitted or the complaints will not be accepted. In such cases, the client is deemed to have approved the delivered goods and/or services performed.
  • Minor deviations in color, finish and so forth that do not impair the properties of the product cannot constitute grounds for a complaint.
  • TigerStop® will only take note of complaints received if the client has fulfilled all his obligations arising from the order.
  • The client shall have no right to suspend payment or set off amounts.

 

Article 10.           Return shipments

  • The client must obtain prior written permission from TigerStop® before returning any products. Returns, without a prior written consent from TigerStop®, will not be accepted.
  • The client must inform TigerStop® about the defect prior to returning the product.
  • Products specially made by order of the client cannot be returned unless there is a technical defect that cannot be repaired.
  • Returns must be unused and returned in the original shipping boxes and packing materials. Returns that do not comply with the foregoing will not be accepted by TigerStop®.
  • The client shall bear the cost of return shipments; the client is also responsible and liable for the return shipment. TigerStop® cannot be held liable in any way for lost, missing or damaged products.
  • Returns not accepted will be returned to the client by TigerStop®. The cost of this non-accepted return to the client shall be borne by the client. The client also bears the risk of the return shipment.
  • Cancellations or returns of products will result in restocking fees of 20%.

 

Article 11.           Guarantee

  • TigerStop® guarantees:
    • That the TigerStop® product is of good quality and free of design, workmanship, and/or material defects;
    • That the TigerStop® product complies at least with the relevant legal requirements and government regulations.
  • TigerStop® products have a warranty period of 12 months from the date the product is installed and the product has not exceeded 2,080 production hours. If the product has exceeded 2,080 production hours within a 12-month period, the warranty will be void.
  • In cases where the product has not been installed within 12 months of shipment, the warranty expires when the 12 months have passed.
  • The client has the obligation to comply with the specified enclosed maintenance and installation requirements. The client must document in writing the method of installation and maintenance. If the client fails to comply with the specified maintenance and installation requirements of TigerStop®, the warranty will be voided.
  • The TigerStop® warranty does not extend beyond repairing or replacing the products or parts free of charge.
  • Out of warranty are normal signs of use, such as wear and tear on painted surfaces, lamps, seals, etc.
  • In addition to the aforementioned provisions, the warranty also lapses in the following cases:
    • if the product is used improperly or not handled accurately;
    • If the product was improperly installed by the client or a third party;
    • if the product is connected to poor or improper power supplies;
    • If damage has been done to the product;
    • if the product has been improperly repaired by or on behalf of the client or if maintenance has been performed improperly and therefore in violation of Article 10.4;
    • If the product has been serviced or repaired by an unauthorized service technician.
  • Spare parts of the product, notwithstanding the provisions of Article 11.1, have a warranty period of 3 months from the invoice date. Spare parts under warranty will be shipped to the client at the expense of TigerStop®. Spare parts not covered by warranty will be billed in full to the client, as well as shipping costs. Payments must be made to TigerStop® prior to shipment unless otherwise agreed upon.
  • The warranty is not transferable by the client to third parties, even in the case of sale of the product.

 

Article 12.           Installation

  • The product will not be installed (on site) by TigerStop® unless the parties have expressly agreed otherwise in writing.
  • If the parties have explicitly agreed that the product will be installed by TigerStop® then this refers only to the installation of the product. Outside of this work are network and/or installations of other products. The client shall provide power facilities, network facilities and all other supplies necessary for proper installation.
  • If the client has not taken care of what is stipulated in article 11.2, or if TigerStop® needs to make additional installations or provisions for the installation of the product, the hours will be charged to the client separately at the applicable hourly rate. Should TigerStop® perform work outside normal business hours (Monday through Friday from 8:00 a.m. to 5:00 p.m.), additional charges will apply.
  • If Client engages a third party to install a TigerStop® product, that person must be a knowledgeable and professional party who has knowledge of the relevant products. In addition, this person observes legal requirements and guidelines when installing the products.
  • The client guarantees that the product is accompanied by the necessary protective and safety devices to prevent non-expert and professional parties from repairing the product and to ensure the safety of persons working with the product. Only competent persons who have received proper training in both the operation and control of the product are permitted to operate and/or control TigerStop® products.
  • TigerStop® provides telephone and e-mail support to the client during normal business hours (Monday through Thursday from 8:00 a.m. to 5:00 p.m., Friday from 8:00 a.m. to 4:00 p.m.).

 

Article 13.           Liability

  • TigerStop® shall exercise the due diligence expected of it in the performance of the agreement.
  • TigerStop® is not liable for damages suffered by Client or third parties, except for intentional and deliberate recklessness. TigerStop® is also not liable for damages of any kind due to the reliance on data provided by Client to TigerStop® or incorrect and/or incomplete information.
  • In cases where TigerStop® is liable to pay damages then the obligation to pay damages is limited to a maximum of the invoice amount of the order with the understanding that in all cases the compensation is limited to the amount paid by the insurer of TigerStop®.
  • TigerStop® is only liable for direct damages. TigerStop® shall never be liable for consequential damages, including business interruption, loss of profits, personal injury, property damage, or any other loss suffered by the client or their customers.
  • Any claim for damages shall lapse if not submitted in writing to TigerStop® within 1 year of delivery.
  • Reliance on this article by the client does not suspend the client’s obligation to pay.
  • The client shall indemnify TigerStop®, as well as employees of TigerStop®, against claims from third parties, including the client’s employees, in connection with damage resulting from the use of products supplied by TigerStop®.

 

Article 14.           Cancellation and dissolution

  • TigerStop® is entitled to terminate, dissolve or suspend performance of all or part of the agreement with immediate effect without further notice of default and without judicial intervention, without prejudice to its other rights to performance and/or compensation, if:
    • The client fails to fulfill the obligations under the agreement between the parties (including the underlying general terms and conditions) despite a demand from TigerStop® to do so;
    • The client is in default with the fulfillment of obligations under previous agreements between the parties;
    • The client acts in violation of any provision of the agreement between the parties or these General Terms and Conditions;
    • The client – if a natural person – dies or is placed under guardianship, or applies for a suspension of payments or files for bankruptcy;
    • The client or their business files for bankruptcy;
    • The client’s business is suspended, liquidated, or wholly or partially taken over;
    • An out-of-court settlement is proposed;
    • Any assets of the client are subject to execution or conservatory attachment.
  • Any claim against the client is immediately due and payable in the cases mentioned in article 13.1 without TigerStop® being liable for any compensation. In such a case, Client shall fully indemnify TigerStop®.
  • TigerStop® may request Client to provide appropriate assurance in writing. If the principal has failed to provide adequate security within the stipulated period, then the provisions of Article 13.1 shall apply mutatis mutandis.
  • TigerStop® is authorized, if the client is or remains in default with respect to the order or with respect to previous orders, to suspend its obligations to the client or to terminate all or part of the agreement. TigerStop® cannot be held liable by client.
  • If the client wishes to cancel or rescind the order then TigerStop® shall be entitled to demand compliance with the concluded order or, at the option of TigerStop®, the client shall owe TigerStop® a cancellation fee in the amount of 30% of the invoice amount.

 

Article 15.           Force majeure

  • In cases of force majeure, TigerStop® is relieved of all its obligations to the client. For the purposes of these general conditions, force majeure means any circumstance beyond the will and control of TigerStop®, whether or not foreseeable at the time the order was entered into, as a result of which performance cannot reasonably be required of TigerStop®. Force majeure includes industrial action, operational failure, occupation and force majeure of suppliers stagnation and/or difficulties in production and/or processing by TigerStop® or by a subcontractor from which they obtain raw or auxiliary materials or in transport or obstruction of the transport route, loss or damage during transport, breakdowns of machinery used by TigerStop® or involved third parties, any failure of suppliers or involved third parties, delayed delivery of parts, government measures such as seizure, failure to obtain permits, import and export bans, staff illness, epidemics, quarantine, extreme or unexpected traffic stagnation, fire, extreme and/or unsuitable weather conditions, storm damage, as well as any delay and under capacity at TigerStop® caused by delay in other TigerStop® work caused by the aforementioned circumstances.
  • In the event of force majeure, TigerStop® has the authority to terminate all or part of the order, or to suspend the performance of its obligations, without being liable for any compensation. In respect of the portion of the order already completed, the client remains liable to pay TigerStop®
  • In the event of force majeure, TigerStop® shall inform the client as soon as possible and notify him whether performance is still possible and, if so, within what period and under what conditions this will be done.
  • If fulfillment is reasonably impossible, or although not permanently impossible, cannot still take place within two months, both parties are authorized to dissolve the agreement.
  • Dissolution of the agreement will be communicated to the other party in writing, without either party being entitled to any damages against the other. In respect of the portion of the agreement already executed by TigerStop®, Client shall remain liable for payment.

 

Article 16.           Intellectual and industrial property rights

  • All data and/or models, images, measurements and drawings and/or other data, designs and drawings provided and/or shown on or with the quotation as well as the intellectual and industrial property rights of all products manufactured, services provided etc. by TigerStop® belong to and remain the property of TigerStop®.
  • Use or alternative use of the rights of TigerStop®, designs or ideas mentioned in Section 16.1 is strictly prohibited unless TigerStop® has given its express written consent. In cases in which the client violates the provisions of this article, TigerStop® shall, without any notice of default and/or judicial intervention, claim an immediately payable penalty of €5,000 for each day or part thereof that such violation continues.

 

Article 17.           Applicable law

  • Dutch law applies to all offers, acceptances, agreements, work, deliveries and other (legal) acts.
  • The applicability of the Vienna Sales Convention 1980 (CISG) is expressly excluded.

 

Article 18.           Disputes

  • TigerStop® is authorized to submit disputes arising from this agreement where the District Court has absolute jurisdiction to the Almelo District Court, unless the parties agree otherwise in writing.
  • If client is located in a country not belonging to the European Union, all disputes will be settled to the exclusion of the ordinary courts by an arbitration committee consisting of three independent arbitrators. The appointment of the arbitrators and arbitration will take place in accordance with the rules of the Netherlands Arbitration Institute (NAI). The arbitration will take place in Amsterdam.

 

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