General Terms and Conditions of DCM Benelux

1. General

a. These conditions apply, to the exclusion of delivery conditions of third parties, to every delivery of goods and/or provision of services by DCM Benelux, hereinafter referred to as DCM, all associated agreements and all related acts, of both a preparatory and an executive nature, such as quotations, order confirmations and handover.
b. Varying conditions apply only to the extent that they have explicitly been accepted by DCM in writing and apply only to the agreement in question.
c. If any provision of these General Terms and Conditions should be invalid for whatever reason, the other provisions of these conditions will remain in full force.

2. Offertes en orders

a. All quotations and price indications are without obligation, unless stated otherwise by DCM.
b. Quotations are valid for 6 weeks from the date of their issue, unless the quotation explicitly states otherwise.
c. Quotations concerning special sales promotions remain in effect until the date stated in the quotation.

3. Quotations and orders

a. Prices stated by DCM are exclusive of BTW (Dutch VAT).
b. If prices and/or rates for price-determining factors, to the extent that these cannot be influenced by DCM, undergo an increase, regardless of the reason for it, DCM will be entitled to amend the agreed price accordingly. In that case, the buyer will be entitled to terminate the agreement within 14 days.

4. Delivery time

a. Unless another delivery period has been agreed on in writing, your order will be dispatched as soon as possible.
b. A minor failure to meet the deadline for delivery does not justify a termination of the agreement and does not entitle the buyer to compensation.

5. Delivery

a. DCM has fulfilled its delivery obligation once it has given the buyer the opportunity to take delivery of the purchased items at the agreed place and time.
b. From the time of delivery, including the time referred to in Article 6.2, the delivered items are at the buyer’s expense and risk.
c. Unless agreed otherwise, the costs of delivery are payable by DCM.

6. Taking delivery

a. The buyer is obliged to cooperate in the delivery and to take delivery of the delivered items. If the buyer does not take delivery of the delivered items, DCM reserves the right to charge on any associated costs.
b. Delivery is deemed to have been refused if the ordered products were offered for delivery but delivery proved impossible. The day of refusal of delivery will be regarded as the date of delivery.

7. Retention of title

a. All products delivered to the buyer by DCM will remain the property of DCM until the time of payment in full of all its claims against the buyer based on products delivered pursuant to these General Terms and Conditions, including interest and costs.

8.  Complaints

a. Complaints will only be dealt with if they have been submitted with due observance of the provisions of this article and may furthermore only be made with respect to products that are still in the condition that they were in upon delivery. If that is not the case, DCM will not be liable.
b. The buyer will be obliged to check and inspect the products immediately upon delivery.
c. Complaints with respect to the delivered quantities and sizes must be submitted to DCM in writing within 48 hours of delivery, failing which the information stated on the consignment notes, delivery notes, invoices or similar documents are deemed to be correct.
d. Other complaints must be submitted within 8 days of delivery in the case of visible deviations/defects, and in the case of non-visible deviations/defects within 8 days of discovery of the deviation, but must be submitted to DCM in writing within 30 days of delivery at the latest.

9. Product liability

a. With the exception of damage or loss caused by death or injury, DCM excludes all liability for damage or loss due to the product’s normal use, unless the damage or loss was caused by a defect in the product.

10. Resale

a. The products for which a recommended retail price has been established may only be offered, sold and delivered to consumers and only to the extent that they purchase the products for their own use.
b. The products referred to in the first paragraph of this article may only be kept in stock, offered, sold and/or delivered in their original packaging.
c. If the buyer creates the appearance that it is acting in violation of one of the above prohibitions, this will be regarded as a violation.

11. Trademark law

a. The buyer is prohibited from using trademarks belonging to DCM and/or any packaging bearing a trademark for its own commercial purposes or those of third parties, in particular for repackaging, or allowing third parties to use them.
b. In derogation of the above paragraph, if DCM has given its prior written permission the buyer may use DCM’s trade name and trademarks to promote sales and turnover.
c. If the buyer acts in violation of the provisions of the previous paragraphs of this article, the buyer will forfeit, at DCM’s discretion, a penalty of €100 for each product (bottle, container, etc.) with respect to which a violation has been established, or €1,000 for each day that the violation takes place or continues, without any notice of default being required for that purpose.
d. The provisions of the previous paragraph do not affect DCM’s right to claim compensation from the buyer.

12. Payment

a. Invoices must have been paid on the 8th day following the invoice date at the latest, unless agreed otherwise in writing.
b. If the buyer has not paid on the 8th day following the invoice date, DCM will be entitled to default interest equivalent to the statutory interest, where any partial month will be rounded up to a whole month, without any notice of default being required and without prejudice to DCM’s other rights.
c. In the case of payment by banktransfer, the date of payment will be the day on which the sum payable by the buyer is credited to DCM’s account.
d. DCM will be entitled at all times, before delivering or continuing its performance, to require security from the buyer for timely fulfillment of its payment obligations.

13. Collection

a. All costs incurred by DCM in the event of late or improper fulfillment will be fully at the buyer’s expense. The extrajudicial collection costs to be incurred by DCM amount to 15% of the total amount due by the buyer to DCM up to a maximum sum of €5,000 and with a minimum sum of €150 without DCM being required to prove these minimum costs.

14. Concluding provisions

a. Dutch law applies to all agreements concluded by DCM.
b. Any disputes will exclusively be submitted to the competent court of Roermond.