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Conditions of sale

 

 

General

These terms and conditions apply to all offers, quotations and agreements for the purchase or sale of motor vehicles by Een Goeie Motor in Nunspeet, hereinafter referred to as: 'Garage owner', as well as to repair or maintenance work to be carried out on behalf of the customer. motor vehicles, all this unless expressly agreed otherwise in writing. In this context, 'customer' is understood to mean any natural or legal person who buys or sells a motor vehicle at or through the Garage owner, or who offers a motor vehicle for repair or maintenance. "Motor vehicles" should also include parts and / or accessories thereof.

Article 1 - formation of agreements

  1. Offers and quotations for the performance of repairs or maintenance to motor vehicles - in whatever form - are without obligation, unless they contain a term for acceptance, in which case an agreement of assignment is concluded within this term upon acceptance by the customer. In other cases, the contract for services is only concluded upon confirmation of the order by the Garage Owner.

  2. The garage owner determines the manner in which and the term within which the assignment referred to in paragraph 1 will be carried out and by which employee (s). Garage owner carries out this assignment to the best of his ability; with a view to this, this is a best efforts obligation and not an obligation of result, unless otherwise agreed.

  3. Agreements for the purchase or sale of motor vehicles are concluded by offer and acceptance as referred to in Article 6: 217 et seq. Of the Dutch Civil Code and are laid down in writing by the Garage owner, providing a copy of the agreement to the customer. Agreements made also apply if they have not been recorded in writing.

  4. All indications, sizes, weights, colors and other properties included in offers, quotations and / or agreements are in principle only indicative. Minor deviations are therefore not for the account and risk of the Garage owner.

  5. Apparent clerical errors or mistakes do not bind the Garage Owner.

 

Article 2 - content of agreements

  1. The agreements referred to in Article 1 shall in any case contain the following information:

  • a reference to the present applicable general terms and conditions, as well as a reference to any terms and conditions of third parties that may apply in the event of a (manufacturer or importer) warranty by those third parties;

  • the identity of both the Garage owner and the customer;

  • if the customer is a natural person, a copy of a valid driver's license and / or other ID must be enclosed; if the customer is a legal person, an extract from the trade register must be enclosed, not older than three months, as well as a copy of a valid driver's license and / or other proof of identification of the legal representative of the legal person;

  • in the case of agreements as referred to in Article 1.3: make, model, type, color of registration number, meter reading and reporting code of the motor vehicle to be sold or sold;

  • for agreements as referred to in article 1.1 in conjunction with 1.2: description of the repair and / or maintenance work performed;

  • the agreed price or target price with a separate mention of any VAT component;

  • in the case of a target price, the agreement contains the statement that the final price will be determined on the basis of subsequent calculation, stating the hourly rate and budgeted material costs;

  • the payment method and payment time;

  • the (presumed) delivery date;

 

Article 3 - Delivery / completion and transfer of risk

3.1 Delivery or completion takes place on the agreed or to be determined delivery or completion date by actual provision of possession.

3.2 In the case of agreements as referred to in article 1.3, the registration number will also be transferred on the delivery or completion date against the provision of a certificate of indemnification.

3.3 Motor vehicles delivered in accordance with the first paragraph will be for the account and risk of the party to whom the delivery is made from the moment of actual possession of possession, in the sense that theft, damage or loss before delivery is for the account and risk of the supplying party, such as theft, damage or loss after delivery is at the expense and risk of the party to whom the delivery was made.

3.4 Agreements as referred to in article 1.1 in conjunction with 1.2 always have a probable delivery or completion date, unless explicitly agreed otherwise.

3.5 In the event that a probable delivery date has been agreed, further notice of default is always required before default occurs.

3.6 In the event that the work to be performed is in danger of not being completed on the probable delivery or completion date, the Garage Owner will report this to the customer immediately, in order to agree a new probable delivery date in joint consultation.

 

Article 4 - retention of title, duty of care and insurance

4.1 The motor vehicle delivered pursuant to Article 3 remains the property of the Garage Owner until the customer has paid in full all that he owes to the Garage Owner under the agreement referred to in Article 1, or for any other reason whatsoever.

4.2 The customer is obliged to keep the Motor Vehicle delivered under retention of title as recognizable property of the Garage Owner.

4.3 The retention of title referred to in the previous paragraphs does not affect the delivery and transfer of risk referred to in Articles 3.1 to 3.3, so that the customer is liable as holder and as driver from delivery, notwithstanding this reservation.

4.4 In view of the previous paragraph, the customer must at least ensure a valid All-risk or third-party liability + limited hull insurance from the moment of delivery; The customer is also obliged to store and maintain the motor vehicle delivered under retention of title with the necessary care.

4.5 As long as ownership has not been transferred, the customer is not authorized to pledge the motor vehicle to third parties or otherwise encumber or dispose of it.

4.6 Replaced parts or accessories will be placed in the possession of the customer if the latter so requested when entering into the agreement, except if and insofar as these parts must be made available to the importer or manufacturer in connection with a warranty claim. In all other cases, the replaced parts become the property of the Garage Owner.

 

Article 5 - cancellation and dissolution

5.1 The customer can cancel the agreement up to one month before the delivery date, provided this is done in writing or by bailiff's writ.

5.2 In the event of cancellation of an agreement as referred to in Article 1.1 in conjunction with 1.2, the customer must reimburse all costs that have already been incurred at the time of receipt of the cancellation, which costs include used parts and / or materials, as well as hours worked and any storage costs.

5.3 In the event of cancellation of an agreement as referred to in Article 1.3, the customer must compensate the damage due to cancellation, which is determined at 15% of the (purchase) price referred to in Article 7, unless otherwise agreed.

5.4 If the (damage) payments referred to in the previous paragraphs are not paid within two weeks after cancellation, the Garage Owner can still demand full compliance and the customer can no longer cancel the agreement; as long as the (damage) compensation referred to in the previous paragraphs has not been paid, the Garage Owner can exercise a right of retention on the motor vehicle.

5.5 The customer can dissolve the agreement only after the Garage Owner is in default. In the event of dissolution, the customer can only demand compensation insofar as the default is due to an attributable shortcoming in the performance of the Garage Owner and the Garage Owner cannot rely on force majeure.

5.6 The term 'force majeure' as referred to in this article should be understood to mean: unforeseen circumstances which have arisen through no fault or action of the parties and which stand in the way of a mandatory performance, such as in any case, but not exclusively: war, state of siege, mobilization, serious disruptions in the manufacturer's production process, strikes, lockouts, boycotts, occupation, epidemics, and governmental measures to prevent compliance.

5.7 Notwithstanding the provisions of the previous paragraphs, the agreement referred to in Article 1 shall be deemed to be legally dissolved with immediate effect if one of the parties (Garage owner or customer) is declared bankrupt, granting him (provisional) suspension of payments. payment is granted, the statutory debt rescheduling scheme (WSNP) is declared applicable to him, or if any attachment is levied on the Motor Vehicle. The party affected by one of these circumstances shall immediately notify the other thereof.

 

Article 6 - distance buying

6.1 If and insofar as the agreement referred to in Article 1 has been concluded at a distance and outside sales areas within the meaning of Article 6: 230g of the Dutch Civil Code, the mandatory provisions of Section 2b of Title 5 of Book 6 of the Dutch Civil Code apply in addition to and - insofar as applicable - in deviation from the agreement and / or these general terms and conditions.

Article 7 - (purchase) price and payment

7.1 In agreements as referred to in article 1.3, a fixed price is in principle agreed, except for changes in government levies, changes in factory or importer prices and / or exchange rate differences.

7.2 The changes referred to in the previous paragraph can be implemented unilaterally by the Garage Owner, but must be reported to the customer immediately, in which case the customer can cancel free of charge within three days after this notification - including the day of the notification.

7.3 In the case of agreements as referred to in article 1.1 in conjunction with 1.2, unless explicitly agreed otherwise, there is always a target price and that the final actual price will be determined on the basis of subsequent calculation on the one hand on the basis of an hourly specification (multiplied by the agreed hourly rate) and on the other hand a specification of part or material costs, all this to be increased with VAT.

7.4 If and as soon as the (budgeted) price as referred to in the previous paragraph threatens to deviate more than 10% from the target price, the Garage Owner must report this and discuss this with the customer, in which case the customer can still cancel under reimbursement of costs incurred as referred to in Article 5.2.

7.5 If the customer does not collect the motor vehicle within two weeks after the notification that it is ready, the Garage owner is entitled to charge storage costs in fairness.

7.6 Payment must be made after receipt of a personalized invoice at the latest before or on delivery or completion as referred to in Article 3.

7.7 In the event of late payment as referred to in the previous paragraph, the Garage owner can exercise a right of retention on the motor vehicle and gives the customer the opportunity in writing to pay the outstanding amount within fourteen days, failing which the Garage owner will pay the statutory interest and may charge collection costs in accordance with the graduated scale in the Extrajudicial Collection Costs Decree.

Article 8 - guarantee and right of complaint

Article 9 - final provisions

9.1 Additions, extensions, limitations or any other deviating agreements with respect to the agreement referred to in paragraph 1 and / or the present terms and conditions are only legally valid if laid down in writing in a deed signed by both parties.

9.2 If and insofar as there is uncertainty about the interpretation of one or more provisions of the agreement referred to in Article 1 and / or these general terms and conditions, or if one or more of those provisions should appear to be invalid or voidable, the explanation must of that provision (s) to take place in the spirit of the agreement and / or these general terms and conditions and / or to act as much as possible in the spirit of the nullified or invalid provision (s).

9.2 The agreement referred to in article 1 (including these general terms and conditions) is governed by Dutch law. Foreign legislation and treaties, including the Vienna Sales Convention, are excluded.

9.3 Disputes arising from or related to disputes arising from the agreement referred to in Article 1 (including these general terms and conditions) will be submitted to a competent court in the Netherlands.

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