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TigerStop NL

Algemene voorwaarden

TigerStop® NL

General terms and conditions of TigerStop® BV, established at (7641 AM) Wierden Bedrijvenstraat no. 17 with Chamber of Commerce number 08098787.

Article 1. Definitions

  • TigerStop® means:  TigerStop® BV with Chamber of Commerce number 08098787.
  • The client is understood to mean the legal entity or the natural person who has given the order to TigerStop® to deliver goods or perform work, or the party who has invited TigerStop® BV to make an offer.
  • Assignment means: the agreement whereby TigerStop® has committed itself to the client to deliver goods or carry out work.
  • Product means TigerStop® core products.
  • Written means: by letter, fax, e-mail or other document the content of which can be retained and consulted.
  • Conditions means: these 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 declares unconditional agreement with these conditions.
  • These terms and conditions apply both within and outside the Netherlands, regardless of the place of residence or establishment of the client, and regardless of where the agreement was concluded.
  • The general terms and conditions of the client do not apply and are expressly rejected, unless expressly agreed otherwise in writing.
  • Deviations from these conditions are only legally valid if the parties have expressly agreed to these deviating agreements in writing. The other provisions of these conditions, from which no explicit deviation is made, remain fully applicable.
  • In the event that any provision of these terms and conditions is void or annulled, the remaining provisions shall remain in full force. The parties shall enter into consultations to arrive at new provisions to replace the void or annulled provisions, whereby the purpose and scope of these provisions shall be taken into account as much as possible.

 

Article 3. Quotation

  • The offers and quotations made by TigerStop® are without obligation, unless expressly agreed otherwise in writing.
  • The offers and quotations are drawn up on the basis of the information provided to TigerStop® by the client.
  • Images, websites, catalogues, folders, advertisements, drawings or otherwise provided information regarding size, capacity, performance or results used by TigerStop® have been created with due care, but only provide a general representation of the products offered. The Client cannot in any way attach rights to the aforementioned provided information or any inaccuracies.

Article 4. Assignment

  • The order is established at the moment that TigerStop® has sent an order confirmation to the client or when the order drawn up by TigerStop® has been signed by the client and has been received by TigerStop®. Orders to TigerStop® are considered an irrevocable order.
  • The content of the assignment is determined by the offer or quotation and/or the order confirmation of TigerStop® and these conditions. Any additional work that falls outside the assignment will be charged separately to the client.
  • Changes to the original order of any nature whatsoever must be accepted in writing by TigerStop®. The originally agreed term of execution will lapse due to the change. If this results in the agreed price in the offer or quotation being higher, TigerStop® is entitled to increase the price accordingly.
  • The Client may not transfer the rights and obligations under the agreement between TigerStop® and the Client to third parties unless TigerStop® has given its express prior consent to do so.

 

Article 5. Prices

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

 

Article 6. Invoicing and payment

  • All sales must be paid for prior to delivery unless the customer has credit terms with TigerStop®.
  • Payment by the client to TigerStop® shall be made within 14 days after the invoice date. Payment by the client to TigerStop® shall be made before delivery to the bank or giro account designated by TigerStop®. Unless the client and TigerStop® have agreed otherwise.
  • If the client has not ensured payment within the stated term, the client will be in default by the mere expiry of the agreed payment term, regardless of whether the client can be held responsible for the exceeding thereof or not.
  • If the payment term is exceeded, the client owes interest on the outstanding amount at a rate of 2% per month, whereby part of a month counts as a whole month.
  • TigerStop® has the authority to suspend its obligations with immediate effect in the event of default on the part of the client.
  • All extrajudicial and judicial costs incurred by TigerStop® in the context of a dispute with the client shall be borne by the client.
  • Delays in the execution of the order on the part of TigerStop® do not affect the payment terms.
  • In the event that the financial position or payment behaviour of the client gives reason to do so in the opinion of TigerStop®, TigerStop® is entitled to request that the client provide TigerStop® with payment security upon or after entering into the order, before proceeding with the execution of the order. If the client does not comply with TigerStop’s® request to provide payment security, TigerStop® is entitled to immediately suspend the execution of the order or to dissolve it in whole or in part without notice of default or judicial intervention, without prejudice to its right to compensation for the damage suffered by it. All that the client owes on the basis of the order is immediately due and payable.
  • Objections to an invoice must be made known to TigerStop® in writing and with reasons by the client within 10 days from the invoice date. If the client has not made his objections known within the aforementioned period, these objections will no longer be processed and will lapse. Objections to the amount of the invoice do not suspend the client’s payment obligation.

 

Article 7. Delivery time and transport

  • The delivery time stated in the offer or quotation will be observed by TigerStop® as much as possible, but it is not binding.
  • Exceeding the delivery period by TigerStop® never gives the client the right to compensation, termination of the agreement or non-fulfilment 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 time. If this new delivery time is exceeded again by more than 2 weeks, the client has the right to terminate the agreement.
  • The costs for the transport are for the account of the client. Unless otherwise agreed in writing, all deliveries are Ex Works Wierden in accordance with Incoterms 2020. All risks associated with the transport are transferred to the client at the moment the goods are delivered in accordance with the agreed delivery condition.
  • The client has a purchase obligation. If the client does not accept the products at the agreed delivery time, or otherwise fails to accept the products, TigerStop® has the right to convert the delivery into a collection obligation of the client, after TigerStop® has notified the client of this. The costs that TigerStop® must make for this will be borne by the client.
  • TigerStop® has the right to charge storage costs if the client has not collected the products within 2 weeks after the agreed delivery period. Storage costs are calculated per pallet space per week.

 

Article 8. Retention of title

  • Ownership of the product supplied by TigerStop® will only be transferred to the client from the moment that the client has fulfilled all his (financial) obligations towards TigerStop®, which the client owed to TigerStop® in respect of the order, including the purchase price and any additional costs.
  • Any installation or assembly of the TigerStop® product in another item does not make the installed products a component of that other item. The retention of title from article 14.1 remains in full force.
  • TigerStop® is authorized to take back the delivered products that have remained in its property at the expense of the client. Such a takeback is considered as termination of the order.
  • For transactions with a client established 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 deems appropriate.

 

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 declares to have received the products in good external condition.
  • Any complaints, both regarding the delivery of the products, the services provided and the invoice amounts, must be submitted to TigerStop® in writing 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 the event that the complaints do not meet the requirements stated in article 9.1, the complaints cannot be submitted or the complaints will not be accepted. The client is then deemed to have approved the delivered and/or performed work.
  • Minor deviations in colour, finish, etc. that do not detract from the properties of the product cannot constitute grounds for a complaint.
  • TigerStop® will only take cognizance of complaints received if the client has fulfilled all his obligations arising from the order.
  • The client has no right to suspension or settlement.

 

Article 10. Returns

  • Client must have received prior written permission from TigerStop® for returns. Returns without prior written permission from TigerStop® will not be accepted.
  • The customer must inform TigerStop® about the defect prior to returning the product.
  • Products that have been specially made to order by 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 costs for return shipments, and shall also be responsible and liable for the return shipment. TigerStop® shall in no event be liable for lost, missing or damaged products.
  • Unaccepted returns will be returned to the client by TigerStop®. The costs of this unaccepted return to the client will be borne by the client. The client also bears the risk of the return.
  • Cancellations or returns of products will result in a 20% restocking fee.

 

Article 11. Warranty

  • TigerStop® guarantees:
    • that the TigerStop® product is of good quality and free from design, workmanship and/or material defects;
    • that the TigerStop® product at least complies with the applicable legal requirements and government regulations.
  • The TigerStop® products have a warranty period of 12 months from the date the product is installed and the product has not made more than 2080 production hours. If the product has made more than 2080 production hours within a period of 12 months, the warranty expires.
  • In cases where the product is not installed within 12 months of shipment, the warranty will expire at the time the 12 months have expired.
  • The client is obliged to comply with the specified maintenance requirements and installation requirements supplied. The client must record the installation method and maintenance in writing. If the client does not comply with the specified maintenance requirements and the installation requirements of TigerStop®, the warranty will lapse.
  • TigerStop’s® warranty does not extend beyond the free repair or replacement of the products or parts.
  • The warranty does not cover normal signs of use, such as wear and tear on painted surfaces, lamps, seals, etc.
  • In addition to the aforementioned provisions, the warranty also expires in the following cases:
    • if the product is used incorrectly or if the product is not handled with care;
    • if the product has been installed incorrectly by the customer or a third party;
    • if the product is connected to poor or incorrect power supplies;
    • if damage has been caused to the product;
    • if the product has been repaired incorrectly by or on behalf of the client or if maintenance has been carried out incorrectly 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 have, in deviation from the provisions of article 11.1, a warranty period of 3 months after the invoice date. Spare parts that fall under the warranty will be sent to the client at the expense of TigerStop®. Spare parts that do not fall under the warranty will be fully invoiced to the client, as well as the shipping costs. Payments must be made to TigerStop® prior to shipping, unless otherwise agreed.
  • The warranty is not transferable by the customer to third parties, not even in the event of sale of the product.

 

Article 12. Installation

  • The product will not be installed by TigerStop® (on location), unless the parties have expressly agreed otherwise in writing.
  • If the parties have explicitly agreed that the product will be installed by TigerStop®, this only concerns the installation of the product. Network and/or installations of other products fall outside these activities. The client must provide power facilities, network facilities and all other supplies that are necessary for a correct installation.
  • If the client has not taken care of what is stipulated in article 11.2, or if TigerStop® has to make additional installations or provisions for installing the product, the hours will be charged separately to the client at the applicable hourly rate. If TigerStop® performs work outside normal office hours (Monday to Friday from 08:00 to 17:00), additional costs will be charged for this.
  • If the client engages a third party to install a TigerStop® product, this person must be an expert and professional party who has knowledge of the products in question. In addition, this person must observe the legal requirements and guidelines when installing the products.
  • Client guarantees that the product has the necessary protective and safety provisions to prevent non-expert and professional parties from repairing the product and to ensure the safety of persons working with the product. It is only permitted to operate and/or control the TigerStop® products by skilled persons who have had the correct training, both in the operation and control of the product.
  • TigerStop® offers telephone and email support to the client during normal business hours (Monday to Thursday from 08:00 to 17:00, Friday from 08:00 to 16:00).

 

Article 13. Liability

  • TigerStop® will exercise the necessary care that may be expected of it when executing the agreement.
  • TigerStop® is not liable for damage suffered by the client or third parties, except in the case of intent and deliberate recklessness. TigerStop® is also not liable for damage, of whatever nature, because TigerStop® has assumed the data provided by the client or incorrect and/or incomplete information.
  • In cases where TigerStop® is liable for damages, the obligation to pay damages is limited to a maximum of the invoice amount of the order, provided that the damages are in all cases limited to the amount paid out by TigerStop’s® insurer.
  • TigerStop® is only liable for direct damage. TigerStop® is never liable for consequential damage, such as business damage, loss of profit, personal injury, material damage or any other loss of the client or its customers.
  • Any claim for damages shall lapse if it is not submitted in writing to TigerStop® within 1 year of delivery.
  • An appeal to this article by the client does not suspend the client’s payment obligation.
  • The Client indemnifies TigerStop® and its employees against claims by third parties, including the Client’s employees, regarding damage resulting from the use of products supplied by TigerStop®.

 

Article 14. Termination and dissolution

  • TigerStop® has the right to terminate, dissolve or suspend the performance of the agreement in whole or in part without further notice of default and with immediate effect without judicial intervention, without prejudice to its other rights to performance and/or compensation, if:
    • the client fails to fulfil the obligations arising from the agreement between the parties (including the underlying general terms and conditions) despite a formal notice to do so received by TigerStop®;
    • the client is in default of fulfilling the obligations arising from previous agreements between the parties;
    • the client acts in breach 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 if he or she applies for a suspension of payments or files for bankruptcy;
    • the client or his company files for bankruptcy;
    • the client’s company is closed down or liquidated or is taken over in whole or in part;
    • a private agreement is offered;
    • any asset of the client is subject to an attachment by execution or conservatory order
  • Any claim on the client is immediately due and payable in the cases mentioned in article 13.1 without TigerStop® being liable for any damages. In that case, the client will fully indemnify TigerStop®.
  • TigerStop® may request the client to provide appropriate security in writing. If the client has not provided appropriate security within the set period, the provisions of Article 13.1 shall apply accordingly.
  • TigerStop® has the authority, if the client is or remains in default with respect to the order or with respect to previous orders, to suspend its obligations towards the client, or to terminate the agreement in whole or in part. TigerStop® cannot be held liable by the client.
  • If the client wishes to cancel or terminate the order, TigerStop® is entitled to demand compliance with the concluded order or, at TigerStop’s® discretion, the client is liable to pay cancellation costs to TigerStop® amounting to 30% of the invoice amount.

 

Article 15. Force Majeure

  • In the event of force majeure, TigerStop® is released from all its obligations towards the client. Force majeure within the meaning of these general terms and conditions is understood to mean any circumstance beyond the will and control of TigerStop®, whether or not foreseeable at the time of entering into the order, as a result of which compliance cannot reasonably be expected of TigerStop®. Force majeure includes, but is not limited to, strikes, business disruptions, occupation of the company and force majeure of suppliers, stagnation and/or difficulties in the production and/or processing by TigerStop® or by a subcontractor from whom they obtain raw materials or auxiliary materials or in the transport or obstruction of the transport route, loss or damage during transport, malfunctions of machines used by TigerStop® or third parties involved, any shortcoming of suppliers or third parties involved, delayed delivery of parts, government measures such as seizure, failure to obtain permits, import and export bans, illness of personnel, epidemics, quarantine, extreme or unexpected traffic congestion, fire, extreme and/or unsuitable weather conditions, storm damage, as well as any delay and undercapacity at TigerStop® that has arisen due to delays in other activities of TigerStop® that have arisen due to the aforementioned circumstances.
  • In the event of force majeure, TigerStop® has the authority to terminate the order in whole or in part, or to suspend the execution of its obligations, without being liable for any damages. The client remains obliged to pay TigerStop® for the part of the order that has already been executed.
  • In the event of force majeure, TigerStop® will inform the client as soon as possible and notify him whether compliance is still possible and, if so, within what period and under what conditions this will be done.
  • If compliance is reasonably impossible, or is not permanently impossible but cannot be achieved within two months, both parties are entitled to terminate the agreement.
  • The termination of the agreement will be communicated to the other party in writing, without one party being entitled to any compensation from the other party. The client remains obliged to pay for the part of the agreement already performed by TigerStop®.

 

Article 16. Intellectual and industrial property rights

  • All data provided on or with the quotation and/or models, images, dimensions and drawings shown and/or other data, designs and drawings provided and/or shown, 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, designs or ideas of TigerStop®, mentioned under article 16.1, is strictly prohibited, unless TigerStop® has given its express written permission for this. In cases where the client acts in violation of the provisions of this article, TigerStop®, without any notice of default and/or judicial intervention, is entitled to an immediately due fine of € 5,000 per day or part thereof that the 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 and for which the Court has absolute jurisdiction, exclusively to the District Court of Almelo, unless the parties agree otherwise in writing.
  • If the client is established in a country that is not part of the European Union, all disputes will be settled by an arbitration committee consisting of three independent arbitrators, to the exclusion of the ordinary courts. The appointment of the arbitrators and the arbitration will take place in accordance with the regulations of the Netherlands Arbitration Institute (NAI). The arbitration will take place in Amsterdam.

 

 

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