1. General
a. Green Mountain Grills Europe part of Aricom BV., hereinafter referred to as Aricom, is engaged in and accepts orders relating to the import and export, wholesale and retail trade, agencies, manufacturing of shipping and sporting goods, all in the broadest sense. .
b. An assignment is understood to mean: any agreement with Aricom, regardless of whether Aricom undertakes to carry out one or more of the activities described in Article 1a, or to perform another performance, all in the broadest sense.
2. Offer and acceptance.
a. All offers from Aricom, including those in its catalog, are without obligation, unless expressly stated otherwise.
b. All price lists, brochures and other information provided with an offer are stated as accurately as possible. These are only binding for Aricom if this has been expressly confirmed in writing.
c. An agreement is concluded when Aricom confirms it or starts executing the order within fourteen days after it has been received orally or in writing. If an offer contains a non-binding offer and this is accepted, Aricom has the right to revoke the offer within five working days after receipt of the acceptance.
3. Prices
a. The price is what was agreed between the parties when concluding the agreement. In offers, price lists, advertisements, catalogs and acceptances, the price(s) are always stated including VAT, unless expressly stated otherwise.
b. Agreed or quoted prices are based on the cost price factors, materials, wages, taxes, etc. known up to the time of offer. In the event of an increase in one or more of these factors, Aricom is entitled to adjust the agreed price accordingly, at least if this was not foreseeable when concluding the agreement and the price increase is reasonable.
4. Delivery
Delivery takes place at the location specified in the agreement. The costs of transport and packaging are always borne by the client unless otherwise stated. Goods sent by express always travel at the expense of the client.
a. The client must report any shortages and/or damage present upon delivery directly to Aricom in writing no later than 8 days after delivery, failing which Aricom is entitled not to process complaints in this regard.
b. The delivery period specified by Aricom commences at the time that the required moulds, drawings, permits, authorizations or agreed advance payments have been received. Specified times will never be regarded as a deadline, unless expressly agreed otherwise. If the agreed services are not provided on time, Aricom must therefore be given written notice of default.
c. In the event of bankruptcy, suspension of payment or seizure by the client, Aricom is entitled to terminate or suspend delivery without further notice.
d. Aricom is entitled to store the goods at the expense and risk of the client if the latter fails to accept the products, even if the client cannot take delivery as a result of force majeure, all without prejudice to Aricom’s right to to claim the purchase price and/or full compensation.
e. The risk of the goods during transport is borne by the client from the moment the goods have left Aricom’s premises.
f. Goods, parts, etc. manufactured by Aricom are based on dimensions obtained from the client, including subsequent changes. Upon delivery, the client is deemed to have inspected the goods and found them to be good, unless he complains in writing within 8 days.
5. Force majeure
a. If before or during the execution of an obligation it appears that (further) execution of that obligation is not possible due to force majeure, or if this execution is due to force majeure or external causes or circumstances, which cannot be attributed to Aricom, is considerably more difficult than could have been foreseen when entering into the obligation, Aricom has the right, without being obliged to pay any compensation, to suspend the execution of the obligation or to suspend the obligation or to declare the obligation dissolved. .
b. “Force majeure” is considered to include: all involuntary business disruptions or obstacles, such as fire, natural disasters, obstacles by third parties, complete or partial strikes, war, riots, almost general illness of employees, the withdrawal or expiration of the lending permit and furthermore in the generally all circumstances, events, causes and consequences that are beyond the control or control of Aricom.
6. Liability
Aricom is never liable for damage caused to the client or third parties, which is the result of the goods delivered or work performed by it, unless intent or gross negligence on the part of Aricom is proven.
a. If Aricom is unexpectedly liable for any damage, that liability is limited to the amount of the payment made by the insurance. If the insurance does not pay out in any case, liability is limited to the invoice amount.
b. Aricom will under no circumstances be liable for any business damage to the client or third parties, such as business disruptions and loss of income or other indirect damage arising from whatever cause.
c. If third parties claim compensation for damage from Aricom, the client is obliged to fully indemnify Aricom upon first request.
d. Aricom will never be liable for improper use of the delivered goods by the other party, or use thereof for a purpose other than that for which it is suitable according to objective standards.e. The Client is responsible for being in possession of the legally required permits and authorizations required for the purchase, possession and maintenance of the goods and services to be supplied, and indemnifies Aricom against all claims in this regard.
7. Retention of title
a. All goods delivered by Aricom remain its property until the full purchase price has been paid. If the purchase price is not paid on time, Aricom is entitled to take possession of the goods, in which case the agreement is dissolved, without prejudice to its right to reimbursement of expenses incurred and further compensation for damage in interest if any.
b. The Client authorizes Aricom to collect the goods or have them collected after the payment term has expired, without any notice of default. At Aricom’s first request, the client must cooperate by providing access and/or returning the goods. All costs associated with retrieval are borne by the client.
8. Warranty
a. Aricom does not provide any warranty on consumables. For the rest, the warranty provided by the importer, manufacturer or agent Aricom is provided.
b. All goods eligible for warranty or repair must be delivered carriage paid to Aricom, accompanied by a purchase receipt and warranty card. If these documents are missing, all warranty claims will lapse.
c. The costs of shipping by Aricom to the importer, manufacturer, etc. are borne by the client, as are the costs charged to Aricom by the manufacturer, importer, etc. All goods are returned to the client at the expense and risk of the client.
d. Defects in delivered goods that are covered by the warranty will be, at the sole discretion of Aricom, either repaired or replaced by a new delivery if, in the opinion of Aricom/manufacturer, the defects are due to construction errors, the materials used or the execution that make them the client are unusable with regard to the relevant destination of the goods.
e. All warranty claims lapse if the client himself has made changes or repairs to the delivered goods, or does not use the delivered goods accurately according to the supplied instructions or otherwise handles them improperly.
9. Payment
a. Unless otherwise agreed, payment must be made upon delivery.
b. No complaint or claim gives the client the right to suspend, omit or consider the fulfillment of the payment obligation as lapsed.
c. The client is obliged to pay interest of 1% per month on all amounts that are not paid within the stated payment term; this obligation takes effect without further notice of default.
d. If the client does not meet his payment obligations, or if he does not fulfill his obligations in any way, does not do so on time or does not fulfill them properly, he is still legally in default and obliged to incur all extrajudicial collection costs incurred by Aricom amounting to 15% of the amount due amount, excluding default interest with a minimum of € 45.- to be paid.
10. Disputes
Dutch law applies to all disputes that may arise in connection with an agreement. In such a case, the District Court in Middelburg, Netherlands is exclusively entitled to hear the dispute if the dispute falls within its absolute jurisdiction.