1. General

1. These terms and conditions apply, to the exclusion of the delivery of third-party terms and conditions, to every delivery of goods and/or services by Lisap Nederland, hereinafter referred to as Lisap, all related agreements and all related actions, both preparatory of an executive nature, such as quotations, order confirmations and delivery.
2. Deviating conditions only apply insofar as they have been expressly accepted in writing by Lisap and only apply to the relevant agreement.
3. If any provision of these general terms and conditions is invalid for whatever reason, these terms and conditions will otherwise remain in force.

2. Quotations and orders

1. all quotations and quotations are without obligation, unless stated otherwise by Lisap.
2. The term of the quotations is 6 weeks from the day on which the quotation is dated, unless the quotation expressly states otherwise.
3. Quotations concerning special sales promotions remain valid until the date indicated in the quotation.

3. Prices

1. The prices quoted by Lisap are exclusive of VAT.
2. If prices and/or rates of price-determining factors, insofar as they cannot be influenced by Lisap, undergo an increase, for whatever reason, Lisap is entitled to change the agreed price accordingly. In that case, the buyer is entitled to dissolve the agreement within 14 days.

4. Delivery time

1. Unless a different delivery period has been agreed in writing, your order will be shipped as soon as possible.
2. A slight exceeding of the delivery term does not justify dissolution and/or a right to compensation.

 
5. Delivery

1. Lisap has fulfilled its delivery obligation when it has given the buyer the opportunity to receive the purchased goods at the agreed place and time.
2. From the moment of delivery, including the time indicated in Article 6 paragraph 2, the delivered goods are at the expense and risk of the buyer.
3. The costs of delivery are for the account of Lisap, unless otherwise agreed.

6. Decrease

1. The buyer is obliged to cooperate with the delivery, as well as to receive the delivered goods. In the absence of acceptance of the delivered goods by the buyer, Lisap reserves the right to pass on any associated costs.
2. Acceptance is deemed to have been refused if the ordered products have been offered for delivery but delivery has proved impossible. The day on which acceptance is refused counts as the day of delivery.

 

7. Retention of Title

All products delivered by Lisap to the buyer remain lisap's property until full payment of all its claims against the buyer under these general terms and conditions, including interest and costs.

8. Advertising

1. Complaints will only be processed if they have been submitted in writing with due observance of the provisions of this article and are furthermore only possible with regard to products that are still in the condition in which they were delivered; in the absence thereof, Lisap is not liable.
2. The buyer is obliged to check and inspect the products immediately after delivery.
3. Complaints with regard to quantities and sizes delivered must be reported to Lisap in writing within 48 hours after delivery, failing which the relevant information stated on the waybills, delivery notes, invoices or similar documents will be regarded as correct.
4. In case of visible deviations/defects, other complaints must be submitted to Lisap in writing within 8 days after delivery and in case of non-visible deviations/defects within 8 days after the deviation could have been detected, but no later than 30 days after delivery.

9. Product Liability

Lisap excludes, with the exception of damage due to death or injury, any liability for damage resulting from normal use of the product unless the damage is caused by a defect in the product

10. Resale

1. Products for which a public price has been set may only be offered, sold and delivered to consumers and only insofar as they purchase the products for their own use.
2. The products referred to in the 1st paragraph of this article may only be kept in stock, offered, sold and/or delivered in their original packaging.
3. Even if the buyer creates the appearance of acting in violation of one of the aforementioned prohibitions, this will be regarded as a violation.

11. Trademark Law

1. The buyer is prohibited from using or having used brands belonging to Lisap and/or packaging provided with any brand for its own commercial purposes or those of third parties, in particular for repackaging.
2. Contrary to the previous paragraph, the buyer may, provided that Lisap has given prior written permission, use Lisap's trade name and brands to promote sales and turnover.
3. If the buyer acts contrary to the provisions laid down in the previous paragraphs of this article, the buyer will forfeit a fine of €100, at the discretion of Lisap, for each product (bottle, tube, etc.) with regard to which a violation has been established, or € 1,000 for each day that the infringement occurs or continues, without any notice of default being required.
4. The provisions of the previous paragraph are without prejudice to Lisap's right to claim compensation from the buyer.

12. Payment

1. Invoices must be paid no later than the 8th day after the invoice date, unless otherwise agreed in writing.
2. If the buyer has not paid on the 8th day after the invoice date, Lisap is entitled, without any notice of default being required and without prejudice to its further rights, to a default interest equal to the statutory interest with rounding off the term of 1 month.
3. In the case of payment by bank or Postbank, the date of payment is the day on which the amount owed by the buyer is credited to Lisap's account.
4. Before (further) performance, Lisap is at all times entitled to demand security from the buyer for the timely fulfillment of its payment obligations.

13. Collection

All costs incurred by Lisap in the event of late or improper fulfillment are fully borne by the buyer. The extrajudicial collection costs to be incurred by Lisap amount to 15% of the total amount owed to Lisap by the buyer, up to a maximum amount of €5,000 and with a minimum amount of €150, without Lisap having to provide proof of these minimum costs.

14. Final provisions

1. Dutch law applies to all agreements concluded by the seller.
2. Any disputes will be submitted exclusively to the competent court in Roermond.