- MyConveyor guarantees the proper functioning of the described conveyors, insofar as they are used for the purpose for which they are intended and insofar as they are properly handled and maintained.
- This warranty applies to mechanical failures in the conveyors that occur during normal use of the equipment within a period of 12 months (for 1 shift operation, approx. 2.000 hours) from the date of transport of the conveyors, but with a maximum of 2 months after delivery of the materials. The parts that are normally subject to wear and tear are not covered by this warranty.
- MyConveyor is in no way liable for any malfunction or damage caused by improper use or mishandling, incorrect or insufficient maintenance, insufficient power supply, earth connection, overload, force or use of the equipment outside the scope as described in the quotation.
- In addition, MyConveyor disclaims all liability for consequential damages and cannot be held responsible for work, material deliveries or any repair carried out by third parties without its written permission.
2. DELIVERY PRINCIPLES AND CONDITIONS
- If the goods are delivered ex works or free of charge, the customer must provide insurance for the transport of the goods.
- If the shipment of the goods is postponed by the customer for a period longer than 30 days after the agreed delivery date, MyConveyor reserves the right to move the equipment to a storage location and to charge the associated storage and handling costs. These costs are based on the transport volume of the goods. The storage costs are € 100, – per month per 40ft container and the handling costs are € 500, – per 40ft container. Both are based on the calculated transport volume of the goods. This settlement does not relieve the customer of his payment obligations, which were originally related to the delivery of the goods. In this case, the date on which the goods are moved to the storage location shall be the delivery date.
- The unloading of the conveyor(s) / machine(s) must be carried out by the customer, immediately upon arrival at the place of installation.
- For unloading the conveyor(s) / machine(s) an operator with forklift must be present on arrival of the goods. In some cases, a crane or other lifting equipment may be required. The costs of these requirements are at the expense of the customer.
- We assume that the conveyor(s) / machine(s) will be placed in an environment where the temperature will be at least +5 degrees Celsius and maximum +40 degrees Celsius, or otherwise agreed in writing.
- The surface on which the conveyor belt(s) / machine(s) are placed must be level and dry.
- All bank charges including bank guarantees are at the expense of the customer.
- The customer allows us to take photos and films of all delivered goods after placement for advertising purposes and / or construction files for the CE marking.
- The customer only owns the goods, after payment of all invoices.
- If the shipment of the goods is postponed by the customer, the warranty period starts from the date that machines are produced and in stock in one of MyConveyor’s factories.
3. SERVICE AND MAINTENANCE
MyConveyor makes a customer portal available per browser, whereby the customer can clearly display the parts of their conveyor(s). Through this portal, the customer can order spare parts, schedule maintenance or request a visit from one of MyConveyor’s mechanics. As a result, production stagnation is kept to a minimum. The customer portal is set up for the customer and the customer is informed by e-mail about account details and the login procedure.
4. TERMS OF SALE AND DELIVERY
GENERAL SALES, DELIVERY AND PAYMENT CONDITIONS OF VISCON LOGISTICS B.V.
Registered office and office in ‘s-Gravendeel, as filed with the Chamber of Commerce and Factories for Dordrecht and surroundings.
- These terms and conditions apply to all agreements concluded with us and all negotiations conducted thereon.
- Rejection of these terms and conditions can only take place by means of a written statement on our part and in that case, unless stated otherwise, only for the respective individual promotion.
- Any general terms and conditions of other parties that negotiate or contract with us do not apply.
OFFER AND DELIVERY
- All our quotations are without obligation.
- Assignments and orders are only binding by us after they have been accepted by us in writing with a legally valid signature. A job this provision is our sole responsibility.
- As long as the acceptance referred to in the second paragraph has not taken place, we are free to accept goods offered by us to others. sell and deliver.
- Goods are always transported at the expense of the customer, even if free delivery has been agreed.
- The customer must insure his own interest in the transport, if he so desires.
- The delivery times stated by us in offers, confirmations and contracts are adhered to as much as possible. Exceedance thereof, for whatever reason, the customer never entitles the customer to compensation, dissolution of the agreement or suspension of the fulfilment of any obligation arising for him from the agreement or from any other agreement related to this agreement ensues.
- All delays due to force majeure, including factory or delivery disruptions, traffic stoppages, strike or lockout, everything either companies supplying us, irrespective of whether the force majeure was foreseen or not, entitles us to an extension of the delivery time by the same time as the delay continues.
- If, as a result of the causes mentioned in paragraph two, we have become continuously unable to fulfil our obligations we can consider ourselves completely released from our obligations. The customer is informed by us immediately of this continuing impossibility.
Our prices are based on the cost prices, exchange rates, wages, social or other charges, premiums, tax, rights, loads and the like. If one or another should be increased afterwards, we are entitled to price agreed upon accordingly increase, even if this occurs as a result of circumstances that were already foreseeable at the time of the offer, acceptance or confirmation, one and other with due observance of the applicable legal regulations.
- Our invoices must be paid within 8 days after the invoice date, unless otherwise agreed in writing. We reserve the right to make delivery dependent on immediate payment.
- Incoming payments will be deducted by us from the oldest receivable from the relevant customer.
- All payments must be made without deduction. The right of compensation is excluded.
- If the customer does not pay within the period referred to in paragraph 1 or otherwise agreed, he is in default by operation of law and without any notice of default on our part an interest of 1 percent per month or part thereof on the entire amount owed from the due date due.
- The customer never has the right of retention.
RESERVATION OF OWNERSHIP
- Without prejudice to the obligation of the customer to timely payment, all goods delivered by us remain our property until the payment of all our progress, including future ones. The goods to be delivered are at the risk of the customer as soon as they have left our company.
- The customer is not entitled to pledge unpaid goods or to have them serve as security towards third parties.
- In the event of late payment, the customer is obliged to return the unpaid goods to us on the first reminder and hereby all to cooperate, including giving access to the area where the goods are located or installed. We reserve it right to claim compensation for damage, lost profit and interest from the day of delivery.
The packaging of goods to be delivered by us is, except for cardboard or other light packaging, not included in the purchase price and is not taken back to us.
Return shipments are not accepted by us, unless we have agreed with them expressly and in writing. In any case, they serve to be paid free of charge.
LIABILITY AND WARRANTY CONDITIONS
- The goods are delivered in the condition and construction as usual with us at the time of delivery. The customer is not entitled to the cancel the agreement on the basis of improvements, changes or additions made after entering into the agreement. Ours is expressly reserved the right on the basis of improvements, changes and additions, even if these were entered into agreement were foreseeable to dissolve the agreement or to deliver it at an additional cost.
- Complaints about immediately visible defects must be submitted to us in writing within eight days of receipt of the goods reported. These do not suspend the payment obligation.
- Our liability in the event of defects to the goods delivered by us is in any case limited to, at our discretion, free replacement of defective parts, all further costs such as travel and accommodation costs and labor costs, are for the account of the customer. In case of replacement the goods to be replaced will immediately become our property again and they must be returned to us carriage paid. The shipping cost of replacement deliveries are at the expense of the customer.
- In the event of repair or replacement as referred to in the previous paragraph, the period referred to in the second paragraph shall not be interrupted or extended.
- The technical properties of our articles stated by us have been accurately determined. Slight deviation therefrom does not give entitlement repair or replacement.
- Alleged non-fulfillment of our warranty obligations, which arise from this article, does not release the customer from his obligation to punctual fulfillment of the agreement (s) concluded with us.
- We are no longer bound to any guarantee if the customer does not discharge his obligation properly or in time with us fulfills agreements.
- Our liability in the implementation of all agreements concluded with us never goes beyond compliance with the provisions of this article ensuing warranty obligations. We are under no circumstances, not even in the case of deviating written warranty provisions, liable for company, crop and / or other damage that arises directly or indirectly as a result of our deliveries or otherwise with regard to the execution of transactions concluded with clients. Our client is obliged to indemnify and indemnify us against all costs, damages and interests, in which we may lapse as direct consequence of a claim from third parties against us with regard to the execution of the transactions concluded with clients, regardless of where these claims arise. Compliance with our warranty obligations counts as sole and complete compensation. Any other claim for damages is excluded. Furthermore, the customer is not entitled to demand the dissolution of the agreement concluded with us.
If it appears upon arrival of the goods that the goods or packaging have been damaged, the customer is obliged to take receipt of the goods by having the forwarder draw up an official report, failing which we cannot accept any liability whatsoever.
ORIGIN AND PATENTS
- The alteration of our goods, the erasure of serial numbers or the affixing of a mark on them by a customer or a third party, which may give the appearance that they originate from him is not permitted. Also insofar as our goods are not by any particular industrial property rights are protected as a patent, design or design right, the buyer is not allowed to imitate them or to give the opportunity to do so. The compensation will consist of the lost turnover.
- The customer is not permitted to continue trading or re-exporting goods delivered by us without any prior knowledge. If by export without our permission is harmed to us or our suppliers, our client is obliged to indemnify us and our suppliers and indemnify in accordance with the aforementioned and for our lost turnover.
- The customer undertakes to make the goods delivered by us accessible at all times, if we do so with a view to promoting sales.
If the customer does not comply with any obligation that has been agreed with him under these general terms and conditions or the special one conditions rest on him, is declared bankrupt, applies for a suspension of payments, or closes or liquidates his company, he is deemed to be in default by operation of law. All our claims against him then become immediately due and payable, while all discounts expire, so that the gross calculated invoice amount with the interest calculated on it becomes due. In those cases, we have the right to, according to our choice, fulfillment, or without any notice of default and without judicial intervention, the implementation of the agreement in full or to dissolve it in part, without prejudice to our right to claim compensation.
We hereby expressly exclude the provisions of the uniform law on the realization of the international sale of movable property, tangible property, as well as the provisions of the uniform law on the international sale of movable tangible property.
All disputes arising from or in connection with the agreements concluded by us will be settled exclusively by the competent court in Dordrecht with application of Dutch law.