a. These General Conditions serve as the Agreement which stipulates the obligations of the undersigned parties, excluding further stipulated written provisions. The General Conditions are deemed to have been accepted by the buyer, even if these General Conditions contradict the buyers General Conditions or buyers Specific Conditions.
b. Prices and agreements of this quotation are non-binding. An order will only be deemed mandatory for Essing Dieseltuning BV if the quotation has been signed by Essing Dieseltuning BV.
If an order cannot be executed, Essing Dieseltuning BV has the right to cancel the order. At this time Essing Dieseltuning BV is not liable to pay any claims.
The fact that buyer has not received our Conditions in his/her native language shall not by any means or measures result in discharge thereof.
The goods sold will remain to be owned by Essing Dieseltuning BV as long as the sales price(s) and possible delay interest has not been transmitted on Essing Dieseltuning BV account by buyer. The same is applicable to the user license of a program (software)
Delivery and production terms stated and possibly confirmed are an indication only and represent no guarantee. Non-compliance does not allow buyer to make use of any legal means or to claim damages.
a. All risks, in any form or of any type, to which the goods sold or goods entrusted to Essing Dieseltuning BV are exposed to while being transported or stored, are for buyer’s account, regardless of the agreed upon modalities. Repairs, modifications or further works are executed under the sole responsibility of buyer and solely at buyer’s risk.
b. No claims concerning insufficient packaging, by any means or measures, will be accepted.
a. Installation, using the electronics, personnel training, etc. are not an integral part of the Essing Dieseltuning BV obligations. Should such services be requested, these will be invoiced for the valid tariff.
a. Essing Dieseltuning BV has a guarantee of two years on products sold, as of the availability of the products, against all faults in the material or construction errors.
b. This guarantee only holds Essing Dieseltuning BV liable to - to its own choice - exchange or repair the part of which a fault has been determined. Such an agreement will be performed on a location selected by Essing Dieseltuning BV.
c. All postal, relocation and or packaging costs due to an intermediation of the guarantee, are for buyers account.
d. Each intermediation of the guarantee, requested by buyer, and caused by incorrect use, or which proves to be useless, will be invoiced at the valid tariff.
e. The guarantee will legally be null and void each if buyer repairs or will have repaired or ensured changes of any type or nature, without the explicit consent of Essing Dieseltuning BV in writing, prior to such event.
f. Essing Dieseltuning BV is not liable for any faults resulting from faulty maintenance, incorrect use of lack of supervision.
g. The repair or exchange of parts during the guarantee period, will not change the initial guarantee period.
a. Payment will need to be settled at the Essing Dieseltuning BV registered offices, cash and without discount, in which all rights and costs are for buyer’s account. Essing Dieseltuning BV does not go back on this right when it draws a bill of exchange or accepts any other legal currency.
b. Submitting a claim concerning any form or type does not discharge buyer‘s obligation to respect the possibly agreed upon payment terms.
c. If non-payment is applicable, legal interest will be added - without servicing notice upon buyer -, based on the legal interest rate of 2% until the full payment has been settled, whereby each entered day of a new or subsequent month will be deemed to be an integral part thereof.
d. In case of non-payment - without servicing notice upon buyer - a legal fixed increase of 10% of the monies payable will be added to the outstanding sum - with a minimum of Euro 200 sum - while all monies payable to Essing Dieseltuning BV are due at call.
a. If buyer does not observe all his / her obligations and more specifically concerning non-payment, the sale will legally be annulled - after a time period of 8 days has been exceeded - by registered letter addressed to buyer in which he / she is urged to fulfil his / her obligations.
b. In this case Essing Race-Development is entitled to claim - as a fixed sum concerning damages suffered - damages relating to 30% of the sales price, whereby the deposited advances will be imputed to this claim.
If Essing Dieseltuning BV is held to pay damages to buyer - for any reason - this will be limited to the repair of damages, of which the latter is to be properly proven by buyer.
The Courts of Law of the territory where the Essing Dieseltuning BV registered offices is situated at the time a dispute arises, are authorised to - even if it concern a legal action - to judge all disputes. In the event of discrepancies or ambiguity between the original Dutch version of these Terms and Conditions and this translation, the Dutch text shall prevail.