General conditions

General Terms and Conditions Scholte’s Metaalbewerking B.V.

Article 1 – Applicability.

1. Scholte’s Metaalbewerking B.V. applies the general terms and conditions of delivery and payment as established by the Koninklijke Metaalunie (hereinafter: “Metaalunie Terms and Conditions”).
2. The Metaalunie Terms and Conditions apply to all our quotations, assignments, deliveries and other legal relationships, unless otherwise agreed in writing.
3. A copy of the Metaalunie Terms and Conditions will be provided upon request and can also be viewed on the Koninklijke Metaalunie website.

Article 2 – Offers and agreements.

1. All quotations are without obligation and are valid for 30 days unless otherwise stated.
2. An agreement is concluded the moment Scholte’s Metaalbewerking B.V. has confirmed the order in writing.

Article 3 – Deliveries

1. Delivery times are approximate and are not binding unless it is expressly agreed in writing that delivery will be made on a specific date.
2. Exceeding the delivery time does not give a right to compensation or dissolution of the agreement unless the exceeding is due to intent or gross negligence of Scholte’s Metaalbewerking B.V.
3. Deliveries shall be ex works (EXW according to Incoterms 2020), unless otherwise agreed.

Article 4 – Prices and payments

1. All prices are excluding VAT and other taxes imposed by the government, unless otherwise stated.
2. Payment shall be made within 30 days of invoice date, unless otherwise agreed in writing.
3. If the payment term is exceeded, the customer is legally in default and Scholte’s Metaalbewerking B.V. is entitled to charge statutory commercial interest.
4. All collection costs, both judicial and extrajudicial, shall be borne entirely by the customer.

Article 5 – Retention of title

1. All products delivered shall remain the property of Scholte’s Metaalbewerking B.V. until full payment of the amounts due, including interest and costs, has been made.
2. The customer is not entitled to sell, pledge or otherwise encumber the products until ownership has been transferred.

Article 6 – Liability

1. Scholte’s Metaalbewerking B.V. is only liable for direct damage resulting from intent or gross negligence.
2. Any liability for consequential damages, trading losses, loss of profits or other indirect damages is expressly excluded.
3. The liability of Scholte’s Metaalbewerking B.V. is limited to a maximum of the invoice amount of the delivery concerned.

Article 7 – Disputes.

1. All agreements and legal relations are governed exclusively by Dutch law.
2. Disputes shall in the first instance be submitted to the competent court in the district where Scholte’s Metaalbewerking B.V. is located.

Article 8 – Final provisions

1. If one or more provisions of these general terms and conditions prove to be void or voidable, the remaining provisions will remain in full force and effect.
2. In situations not provided for in these terms and conditions, Scholte’s Metaalbewerking B.V. reserves the right to make a decision in reasonableness and fairness.