Article 1 General
1. These terms and conditions apply for each listing, quote, and correspondence between Chrisel FluidTechnics and the costumer to which Chrisel FluidTechnics these terms and conditions were applied, unless these conditions were not applied to sufficiently.
2. The present conditions shall also apply to agreements with Chrisel FluidTechnics, for the implementation of which a third-party should be involved
3. Any derogation from these general terms and conditions are valid only if explicitly agreed in writing.
Article 2 Relating to the products and the creation of the agreement
1. Products that are offered by Chrisel FluidTechnics shall be clearly and accurately described as truthfull as possible, but the design, and color of the products may vary slightly from the image shown. In addition, the products are listed at their prices, but their prices are subject to any type of errors. During the ordering it is clearly marked towards the costumer what he/she is obliged and what his/her rights and obligationts are when purchasing from Chrisel FluidTechnics.
2. All prices exclude shipping and handling charges.
Article 3 Prices and payments.
1 The pricing for the products and services are offered on the Web site is in euro and exclusive of shipping and handling charges, unless stated otherwise or agreed to in writing.
2 Payment can be done by prepayment through one of the modes indicated during the ordering process. Further (payment-/order) conditions can be added to your order. In the case of payment by bank or giro payment date will be the date of your final value fee of Chrisel FluidTechnics's bank account.
3 When a term of payment is agreed on, it must be carried out without any discount or compensation within fourteen (14) days of the invoice date, unless agreed otherwise in writing.
4 When exceeding the term of payment you will be considered absent from the day on which payment was to take place, and you are from that day obliged to a delay interest rate of 1% per month or part of a month on the outstanding amount. If payment is made after warning by Chrisel FluidTechnics you are obliged to pay an amount of 25 euro’s (€ 25.00) due to administrative costs, and if its application to Chrisel FluidTechnics collection is contracted out, you are also obliged to pay the collection charge, which at least fifteen percent (15%) of the outstanding amount, without prejudice to the competence of Chrisel FluidTechnics in the actual extrajudicial costs of collection.
5 If you're in the absence of any payment, Chrisel FluidTechnics is entitled to suspend (the implementation of) the relevant agreement and related agreements, or even dissolve.
6 If the prices for the offered products and services are to increase in the period between the order and its implementation, you are entitled to cancel the order or to dissolve this agreement within ten (10) days after notice of the increase of price by Chrisel FluidTechnics.
Article 4 Delivery
1. Chrisel FluidTechnics, will take the greatest possible care to the implementation of the orders.
2. Chrisel FluidTechnics aims for their products to deliver as efficiently as possible. Delay in the delivery times of Chrisel FluidTechnics never gives the customer the right to compensation, termination of the agreement or to refuse the declaration. Chrisel FluidTechnics reserves the right not to carry out orders or at a later time.
3. If the customer refuses the declaration or is negligent with the provision of information or instructions necessary for the delivery, the delivery items are stored for risk of the customer after Chrisel FluidTechnics notified it to him or her. The customer will in this case be obliged to any additional charges.
4.If Chrisel FluidTechnics requires data from the customer in the context of implementation of the agreement, to the delivery time shall begin after the customer has provided this data to Chrisel FluidTechnics.
5.When Chrisel FluidTechnics has set a time limit for delivery, it is indicative. A specified delivery time is never a fatal period. However, the final delivery time will never exceed the specified delivery time with more than one week, unless there is a case of force majeure. If the time limit is exceeded, the customer is to report this to Chrisel FluidTechnics.
Article 5 Shipping
1. Recognize that all prices are exclusive of e-commerce in the shipping and handling. Also note that all prices come from the catalogs of our vendor’s advisory sales prices excluding shipping and handling.
2. Shipping costs will be clearly indicated on the Web store, and on the digital proforma note that the customer must accept before an order can be continued.
3. If the order amount is €500 or more within the Netherlands, you are no longer obliged to pay shipping costs, except pallet delivery.
4. Chrisel FluidTechnics bears the risk of damage or losing products during shipment to the customer. After the items have been received by the customer, the risk will be transferred to the customer.
Article 6 Returning
1. To the offered products is a period of 7 days in sight. This means that the customer has the right to return the product without any obligations, provided that the products are undamaged and in its original packaging.
2. Upon receipt and approval by Chrisel FluidTechnics, the payment by the customer in such a situation shall be refunded within 30 days. All costs for the shipment shall be borne by the customer.
3. The right to return disappears during actions, and special offers of Chrisel FluidTechnics. This right also disappears to orders with multiple identical items from the same product category.
Article 7 guarantee
1. Chrisel FluidTechnics always uses the terms and conditions of the manufacturer, distributor or supplier of the product or service when it comes to guarantees.
2. Chrisel FluidTechnics represents and warrants that the deliverables meet the usual requirements and standards that can be made and to be free of any defects.
3. If defects in products appear during normal and judicious use, Chrisel FluidTechnics will replace the current or offer reparation, if at the written request of the customer and it lies within the factory warranty.
4. The on the invoice or packing slip update date is listed as a start date for the warranty period.
5. The guarantee shall not apply where the failure occurred as a result of improper or inappropriate use, or when, without written permission of Chrisel FluidTechnics, the customer or third parties make changes to the case or have used it for the purposes for which it is not to be used.
6. If the matter does not correspond with what was agreed, and it is not a lack of conformity within the meaning of the order of product liability, Chrisel FluidTechnics will not be liable for consequential damages as result.
Article 8 Examination, advertising
1. The customer is to examine the delivery at the time of delivery, or at least, within the shortest notice. The customer is to examine the quality and quantity of the deliveries that are in line with what has been agreed on, whether it at least meets the requirements laid down in the normal trade.
2. Any visible deficits within five (5) days after delivery are to be reported to Chrisel FluidTechnics in writing, with simultaneous delivery of the warranty (if applicable), and the lack of case, unless this is impossible or unreasonable scathing.
3. Any not visible deficits within eight (8) days after delivery, but not later than within the factory warranty are to be reported to Chrisel FluidTechnics with the provisions of the last paragraph of this article. After expiration of the factory warranty, Chrisel FluidTechnics is entitled to charge all the costs for the repair or replacement, including administration, shipping and handling.
Article 9 Liability
1. Chrisel FluidTechnics is never liable for damage caused by the customer or a third party through the use of an article provided by Chrisel FluidTechnics. Direct and indirect damage caused that is caused by the inability to use an article are not on Chrisel FluidTechnics. Chrisel FluidTechnics will also never be liable for any physical or mental injury to the customer or of third parties arising from the use of products supplied by Chrisel FluidTechnics.
2. When the producer of a bad product is liable for consequential damages, the liability of Chrisel FluidTechnics is limited to reparation or replacement of the case, or a maximum of the invoice value of the delivered products.
3. Without prejudice to the above, Chrisel FluidTechnics will not be liable if the damage is due to on purpose and/or serious negligence and/or culpable act, or improper or inappropriate use of the customer.
Article 10 Suspension and cancellation
1. Chrisel FluidTechnics is in right to suspend the fulfillment of the obligations or dissolve the contract if:
-the customer's does not fully comply with the obligations and agreements.
-after the conclusion of the agreement Chrisel FluidTechnics is permitted to, in case there are good grounds to fear that the customer will not comply with the obligations, in the event that there is good reason to fear that the customer will comply only partially, or not properly, suspend the agreements in so far as to justify the failure to her.
-the customer in the conclusion of the agreement called for the security for the payment as obligation under the agreement, and there is an absence of sufficient security.
2. Chrisel FluidTechnics is also empowered to dissolve the agreements in the event of circumstances which are of such a nature that it is impossible to comply with the agreement to the standards of reasonableness and equity, or if other circumstances which are of such a nature that the unaltered continuation of the agreement should not be reasonably expected.
Article 11, applicable law and competent court
1 On all of the rights, obligations, offers, orders and agreements to which these conditions are met, as well as these terms and conditions, only Dutch law applies.
2 All disputes between the Parties shall exclusively be brought to the competent court in the Netherlands.