Terms & Conditions

Article 1 – Applicability

1.1 These terms and conditions apply to all offers, agreements, deliveries and services provided by Van Beers B.V., established in Kaatsheuvel, hereinafter referred to as “Van Beers”.

1.2 Deviations from these terms and conditions shall only be valid if confirmed in writing by Van Beers.

1.3 Any general terms and conditions of the other party are expressly rejected unless otherwise agreed in writing.

Article 2 – Offers and Agreements

2.1 All offers and quotations issued by Van Beers are non-binding.

2.2 An agreement is concluded once an order has been confirmed by Van Beers in writing, verbally or digitally, or once Van Beers has commenced execution of the agreement.

2.3 Amendments, additions or verbal commitments shall only be binding if confirmed in writing by Van Beers.

2.4 In the event of cancellation of an agreement already concluded, Van Beers shall be entitled to charge 15% of the order value for costs incurred and loss of profit, without prejudice to the right to charge additional costs already incurred.

2.5 Images, drawings, colours, dimensions, models and other specifications are indicative only. Minor deviations in colour, execution, finishing or dimensions shall not entitle the other party to terminate the agreement or claim compensation.

2.6 All designs, drawings, images, samples, models and swatches remain the property of Van Beers and may not be copied, used or provided to third parties without prior written consent.

2.7 Van Beers reserves the right to use products, designs and models manufactured on behalf of the other party for portfolio, promotional and presentation purposes.

Article 3 – Delivery

3.1 Delivery shall be ex works unless otherwise agreed in writing.

3.2 Delivery times stated are indicative only and shall not entitle the other party to compensation or termination of the agreement in the event of delay.

3.3 Van Beers shall make every reasonable effort to meet agreed delivery times.

3.4 Delay in delivery shall only entitle the other party to terminate the agreement if Van Beers still fails to deliver after written notice of default and a reasonable period for fulfilment.

3.5 Each delivery shall be considered a separate transaction. Failure to deliver part of an order shall not entitle the other party to terminate the remaining deliveries.

3.6 The other party must report any transport damage or visible defects immediately upon receipt in writing on the packing slip or transport documents.

3.7 Van Beers is entitled to deviate up to 5% from agreed quantities.

Article 4 – Prices

4.1 All prices are exclusive of VAT, import duties, levies, transport costs and other government charges unless stated otherwise.

4.2 Van Beers reserves the right to adjust prices if cost factors such as wages, materials, transport costs, taxes or exchange rates change.

4.3 If a price increase occurs within a reasonable period after conclusion of the agreement and such increase is substantial, the other party shall be entitled to terminate the agreement in writing for the part not yet executed.

Article 5 – Payment

5.1 Unless otherwise agreed in writing, invoices must be paid in full within 14 days of the invoice date.

5.2 Payment shall be made without discount, deduction, suspension or set-off.

5.3 If payment is not made on time, the other party shall be in default by operation of law and statutory commercial interest shall be due.

5.4 All judicial and extrajudicial collection costs incurred by Van Beers in collecting outstanding amounts shall be borne by the other party.

5.5 Van Beers reserves the right to request advance payment or additional security.

5.6 The other party remains personally liable for orders placed, even if such orders are made on behalf of third parties, associations, foundations or other organisations.

Article 6 – Retention of Title

6.1 All delivered products shall remain the property of Van Beers until all outstanding claims have been paid in full.

6.2 As long as ownership has not transferred, the other party shall not be entitled to pledge, transfer or otherwise make the goods available to third parties.

6.3 Van Beers shall be entitled to reclaim delivered goods if the other party fails to meet its payment obligations.

Article 7 – Suspension and Termination

7.1 Van Beers shall be entitled to suspend or terminate the agreement in whole or in part if the other party:

• fails to fulfil its obligations;
• applies for suspension of payments;
• is declared bankrupt;
• is placed under guardianship;
• ceases its business activities;
• or otherwise proves insufficiently creditworthy.

7.2 In such cases, all outstanding claims shall become immediately due and payable.

Article 8 – Warranty

8.1 Van Beers guarantees that the delivered products comply with the agreed specifications at the time of delivery.

8.2 Warranty applies exclusively to manufacturing and material defects under normal use.

8.3 Wear and tear, improper use, incorrect maintenance or normal signs of use are excluded from warranty.

8.4 For custom-made and specially made-to-order products, warranty applies exclusively to manufacturing defects.

Article 9 – Complaints and Returns

9.1 The other party must inspect delivered products immediately upon receipt.

9.2 Any complaints regarding visible defects must be reported to Van Beers in writing within 8 days after delivery.

9.3 Returns are only permitted with prior written approval from Van Beers.

9.4 Products must be returned unused, sufficiently prepaid and, where possible, in their original packaging.

9.5 Custom-made products and specially made-to-order products cannot be returned or exchanged.

9.6 If a complaint is found to be justified, Van Beers shall, at its sole discretion, repair or replace the product or provide appropriate compensation up to a maximum of the invoice value of the relevant product.

Article 10 – Liability

10.1 Van Beers shall only be liable for direct damages resulting directly from intent or gross negligence.

10.2 Any liability of Van Beers shall at all times be limited to the invoice amount of the relevant delivery.

10.3 Van Beers shall not be liable for indirect damages, consequential damages, loss of profit, business interruption or damages suffered by third parties.

Article 11 – Force Majeure

11.1 Van Beers shall not be liable for delays or failures resulting from force majeure.

11.2 Force majeure includes, but is not limited to: war, strikes, transport disruptions, pandemics, extreme weather conditions, government measures, supplier failures or other circumstances beyond the reasonable control of Van Beers.

11.3 In the event of force majeure, Van Beers shall be entitled to suspend performance of the agreement or terminate the agreement in whole or in part without being liable for damages.

Article 12 – Severability

If one or more provisions of these terms and conditions are found to be invalid or unenforceable, the remaining provisions shall remain fully in force and effect.

Article 13 – Assignment

The other party may not transfer any rights or obligations arising from the agreement to third parties without prior written consent from Van Beers.

Article 14 – Governing Law

14.1 All agreements shall be governed exclusively by Dutch law.

14.2 Any disputes shall be submitted exclusively to the competent court in the district of Zeeland-West-Brabant.

14.3 The Dutch version of these terms and conditions shall prevail.