Buxkin-Group B.V. | Terms & Conditions of Sale
1. Commercial Terms
1.1. An order is only binding upon payment of a deposit. Changes to orders may not be possible after this, but where possible options will be provided to the customer. In the event of cancellation of the order, the customer shall forfeit all payments to date and remain liable for any additional costs incurred by Buxkin.
1.2. Buxkin reserves the right to request full payment in advance where due diligence is impeded, or the pursuit of bad debts is deemed difficult.
1.3. Value of payment received is the Euro value received at the Buxkin bank account. The client is responsible for currency exchange and transaction fees.
1.4. In the event of non-payment of an invoice, interest on arrears will accrue at a rate of 3% per calendar month from the invoice due date and will become due automatically and without a prior default notice.
1.5. Non-payment on the due date of one single invoice shall entitle Buxkin, without a prior default notice, to suspend all obligations with respect to the customer. This may include withholding material delivery.
2.1. The goods remain the property of Buxkin until full payment of the agreed price, costs, interest, and any compensation. All risks of loss or destruction of the goods are to the charge of the customer as of delivery. Until the ownership of the goods is transferred to the customer, the customer is expressly prohibited from alienating the goods, making them immoveable or processing them, using the goods as a means of payment, pledging them or encumbering them with any other security rights. The down-payments paid by the customer shall be considered as rent for the enjoyment of the goods by the customer. If the customer does resell the goods belonging to Buxkin, even processed, as of today he shall transfer to Buxkin as a guarantee all accounts receivable arising from this resale.
3.1. Delivery terms are DAP (Incoterms 2020) with any locally applicable duties, taxes, or fees the responsibility of the customer. Unless otherwise agreed.
3.2. Buxkin use 3rd part logistics partners. Any loss, damage or delay incurred in the control of a logistics partner shall not under any circumstances give rise to any compensation, liquidated damages or cancellation of the order.
3.3. Buxkin while in ownership of the goods in transport will use reasonable endeavours to replace any lost or damaged material as soon as practically possible.
These General Sales Conditions apply to all sales agreements of Buxkin, to the exclusion of the purchasing conditions of the customer.
4.1. Upon delivery of the goods the customer shall immediately take receipt of these goods and examine whether the goods supplied correspond to what is stipulated in the order confirmation or pro forma invoice. Any account of visible defects must be submitted to Buxkin in writing, at the latest within 5 days following the receipt of the goods. Complaints shall only be valid if the goods are not yet being used by the customer. These complaints shall not suspend the payment obligations of the customer. If the complaint of the customer is well founded, Buxkin shall, except in the event of fraud, be entitled to choose either to repair or replace the goods concerned, or to take back the goods concerned and to refund the purchase price. The customer expressly renounces the right to cancel the purchase and to claim any compensation.
4.2. Buxkin use natural and recycled materials where characteristics can vary between batches and within production runs. Shade differences can occur between different rolls of material and do not constitute a defect. Please also see the dimensional tolerances quoted on www.Buxkin.com/rib-sizes .
4.3. Where possible rolls will be cut to the customers requested length, but this is not always possible and the total linear meters supplied shall constitute the sum of the order.
5.1. Buxkin warrant the material against failure of the ribbing adhesive, and material defects, during normal interior applications for a period of 1 year from purchase.
5.2. Buxkin does not warrant against fading that may occur through over exposure to sunlight, issues of installation, or for any additional costs incurred in replacing the material.
6. Limits of Liability
6.1. The contractual and extra-contractual commercial liability of Buxkin shall be limited at all times to the value of the order concerned, even in the event of serious misconduct. Buxkin is not bound to compensate, for example but not limited to intangible, indirect or consequential damage such as; loss of profit, loss of turnover, loss of income, project delays; production restrictions, administration or personnel costs, increase of general costs, loss of clientele or claims of third parties. This list is not exhaustive.
7.1. Dutch law applies to all of our agreements, to the exclusion of the Vienna Sales Convention.
7.2. Any dispute, controversy or claim arising from the sale of goods by Buxkin-Group b.v shall be finally settled at the Zwolle court which will have exclusive jurisdiction.