Dispatch

• Where the Goods are supplied for export from the Netherlands, the Buyer shall be responsible for ensuring the compliance with any legislation or regulations governing the importation of the Goods into the Country of destination, and into any country through which the Goods are transported, and for the payment of any duties on or in respect of importation or transportation of the Goods. The Buyer is responsible for supplying satisfactory proof of export as required by current legislation.
• All times, dates or periods given for delivery or collection of the Goods are given in good faith but without responsibility on the Company's part.
• Any time specified for the delivery of the Goods are merely indicative and shall be non-binding to the Company. The time of payment is of essence of the Contract.
• Any period for delivery or collection shall be calculated from the time of the Company's acceptance of the Buyers order in writing or from the Company's receipt of all information necessary to enable the Company to manufacture or procure the manufacturing of the Goods (whichever shall be the latest).
• Any claim for shortage or for the loss of damage of the Goods incurred in transit of the Goods must be made immediately upon delivery. A written claim confirmation for such shortage, loss or damage shall be sent by the Buyer to the Company within twenty-four (24) hours after the Buyer received the Goods. All other claims, including claims for alleged defective Goods, must be made in writing within five (5) working days after the Buyer receives the Goods. All claims not made in writing and received by the Company within the time periods specified above shall be deemed waived. No claim will be allowed or returned Goods accepted if the Goods have been treated or processed in any manner, except upon proof satisfactory to the Company of the existence of a latent defect not ascertainable before treating or processing and then only if such proof is submitted within fifteen (15) days after such defect becomes apparent but in no event later than three (3) months after delivery of the Goods to the Buyer.
• In the event of a valid claim for defect, loss, damage, or non-compliance with the Contract, the Company is obliged to supplementary performance, at the Company’s choice either through the delivery of fault-free replacement Goods or through reworking, in which case the Goods under complaint become the Company’s property. The Company shall not be liable for such loss or damage to the Buyer or non-compliance of the Goods.
• If for any reason the Buyer is unable to collect or accept delivery of the Goods at the time when the Goods are due and ready for collection or delivery, the Company may at its sole discretion without prejudice to its other rights and for such periods as the Company may determine store the Goods at the Buyer's risk and take all reasonable steps to safeguard and insure these at the Buyer's cost, provided that the Buyer shall be immediately informed thereof. The Company has the right to charge the Buyer an Administration/Re-Stocking charge for the Goods not collected by the Buyer or for which the Buyer refused delivery.
• The Company has the right to make the Goods available for collection or deliver the Goods to the Buyer on one delivery or several partial deliveries of such quantities and at such intervals as it may decide, and any express provision as to the partial deliveries in the Contract shall be in addition to and not in derogation of this right.

Cancellation

• Subject to clauses 13 and 16 of these conditions no Contract can be cancelled (in Dutch: ‘opzeggen’) and/or terminated by neither party, except by agreement in writing of both parties and upon the payment form the Buyer to the Company of such amount as may be necessary to fully indemnify the Company against all loss resulting from the said cancellation (in Dutch: ‘opzegging’) and/or termination.