Terms and Conditions

BOR MOTORPARTS BV
Ambachtstraat 2
7587 BW De Lutte

Chamber of Commerce: 08144383 | VAT: Nl.8155.20.116.b01

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1. Applicability

1.1 These general terms and conditions apply to BOR Motorparts BV entering into agreements for the sale and/or delivery of used vehicle parts and to the execution of such agreements. The Warranty Conditions of BOR Motorparts BV apply to these agreements for the sale and/or delivery of used vehicle parts.
1.2 If the buyer is a legal entity, general partnership or limited partnership, the person acting on its behalf is deemed to have personally committed itself as a jointly and severally liable debtor, unless BOR Motorparts BV expressly agrees otherwise in writing.

2. Prices

2.1 Unless otherwise stated, all amounts are exclusive of deduction or discount and include VAT, whether or not breaking through the VAT margin scheme of BOR Motorparts BV.
2.2 Prices are calculated for delivery ex works, unless expressly stated otherwise.
2.3 Statements of prices, of items offered for sale and of specifications contained in general offers, such as catalogues, price lists and other printed matter, are without obligation. They do not bind BOR Motorparts BV and the buyer cannot rely on them, unless otherwise agreed or indicated.

3. Delivery

3.1 Delivery takes place ex workshop or warehouse. The buyer has an obligation to purchase.
3.2 The risk of the sold goods transfers when the goods are ready for delivery or shipment.
3.3 The goods sold will be delivered immediately in the condition in which they were at the time the agreement was concluded.
3.4 Transport of parts by BOR Motorparts BV is entirely at the expense and risk of the buyer.

4. Delivery time

4.1 Delivery times are determined in consultation and approximately by BOR Motorparts BV. Delivery times can never be regarded as deadlines. The delivery time commences upon verbal and written order confirmation.
4.2 In the event of late delivery, BOR Motorparts BV is not liable for damage suffered by the buyer due to late delivery, unless the buyer has given BOR Motorparts BV written notice of default, whereby the buyer must grant BOR Motorparts BV a period of at least half of the originally agreed delivery time in order to still meet its obligations.
4.3 To the extent permitted by law, an agreement cannot be dissolved by the buyer due to exceeding the term, unless the term referred to in the end of paragraph 2 of this article has expired and the buyer cannot be required to maintain the agreement.
4.4 If the buyer does not collect the purchased item within four weeks after BOR Motorparts BV has informed the buyer that the purchased item is ready for collection, the agreement will be terminated without judicial intervention, unless BOR Motorparts BV informs the buyer in writing that it requires compliance.

5. Payment

5.1 Unless otherwise agreed, payment is made in cash.
5.2 When purchasing on invoice, payment must be received within fourteen days of the invoice date.
5.3 If no payment has been made on the due date or if payment has not been made on time or in full, the buyer will be in default without any notice of default or reminder being required and will immediately owe statutory interest per month or part of the overdue amount. one month from the due date.
5.4 In the case of paragraph 3 of this article, BOR Motorparts BV has the right to reclaim the purchased item within the period of Article 7:44 of the Dutch Civil Code by means of an extrajudicial declaration. This statement terminates the purchase.
5.5 All costs, both judicial and extrajudicial - including those of collection agencies, bailiffs, lawyers - that are associated with BOR Motorparts BV in enforcing its rights against the buyer, will be borne by the buyer. The extrajudicial collection costs are calculated in accordance with the collection rate of the Dutch Bar Association for collections with a minimum of €50.00.

6. Retention of title

6.1 As long as the buyer has not fully complied with what is owed to BOR Motorparts BV on account of or in connection with delivery, goods already delivered remain the property of BOR Motorparts BV.
6.2 The buyer is not entitled to supply, loan, pledge or transfer ownership of delivered goods to third parties until they have been paid for.
6.3 The buyer bears the risk for unpaid goods with regard to all damage, direct and indirect, which will be caused to them by himself or by anyone else.

7. Shortcomings/complaints

7.1 The buyer is obliged to carefully check deliveries after execution for any shortcomings in the form of deviations from specifications and other observable shortcomings. Any shortcomings found must be reported to BOR Motorparts BV within 8 days of discovery. This notification must be made in writing and be accompanied by a description of the identified shortcoming, stating the invoice and the invoice number. In order for the Warranty Conditions of BOR Motorparts BV to apply, the latest notification date is 1 month after the purchase (in accordance with Article 4 of the BOR Motorparts BV Warranty Conditions).
7.2 The buyer must enable BOR Motorparts BV to check the identified shortcoming. Failure to comply with the provisions of this paragraph leads to the expiry of the buyer's right to rely on shortcomings that he could reasonably have discovered upon careful inspection within the aforementioned period.
7.3 To the extent permitted by law, shortcomings in the delivered goods do not give the buyer grounds for dissolution of the agreement, unless it concerns a shortcoming referred to in paragraph 2 of this article and BOR Motorparts BV fails to resolve the shortcoming acceptably after repeated attempts. lift. In that case, the buyer is entitled to terminate the agreement if and insofar as maintenance cannot reasonably be expected of him.
7.4 The buyer must reimburse BOR Motorparts BV for the costs for unfounded complaints.
7.5 To the extent permitted by law, a claim for shortcomings does not entitle the buyer to suspend his payment obligation.
7.6 The provisions of this article 7 apply in accordance with the provisions of article 7 of the Warranty Conditions of BOR Motorparts BV

8. Force majeure

8.1 If BOR Motorparts BV fails in whole or in part to fulfill its obligation to the buyer, this failure cannot be attributed to BOR Motorparts BV if BOR Motorparts BV makes the execution of the agreement more difficult or difficult. is made impossible by a circumstance, whether foreseeable or not, that is beyond the control of BOR Motorparts BV, such as, but not limited to:

• shortcomings by suppliers/transporters;
• war, riot or similar situations;
• sabotage, boycott, strike or occupation;
• machine damage;
• theft from the warehouses;
• business disturbances;
• government measures;
• bad weather;
• lightning strike;
• fire.

8.2 If a situation referred to in paragraph 1 of this article occurs, to the extent permitted by law, BOR Motorparts BV is not liable for any damage resulting therefrom for the buyer and BOR Motorparts BV may, at its own discretion, suspend or suspend the fulfillment of its obligations. . dissolve the agreement in whole or in part without judicial intervention and without being liable for any compensation.

9. Use of the item

9.1 The buyer must use the delivered goods in accordance with their nature and destination and in compliance with all legal instructions for use and, where applicable, instructions for use prescribed by BOR Motorparts BV.
9.2 If the buyer does not use the delivered item in accordance with the provisions of paragraph 1 of this article and the buyer holds BOR Motorparts BV liable for damage suffered in connection with the use of the delivered item, the buyer must prove that damage is the result of a defect in the item supplied by BOR Motorparts BV and not from use other than in accordance with paragraph 1 of this article.
9.3 Without prejudice to the provisions of Article 10 and paragraph 2 of this article, BOR Motorparts BV is never liable for personal injury if the buyer has acted contrary to the provisions of paragraph 1 of this article. To the extent permitted by law, the buyer must indemnify BOR Motorparts BV against claims from employees or other third parties, in particular customers, if they have not taken note of the instructions for use arising from paragraph 1 of this article.

10. Liability

10.1 For damage arising from or in connection with deliveries for which BOR Motorparts BV can be held legally liable, unless mandatory legal provisions provide otherwise, the liability of BOR Motorparts BV does not exceed the invoice amount.
10.2 Damage, insofar as it consists of lost profit or reduced revenue and all other indirect damage or consequential damage, such as business damage or any compensation or penalty owed by the buyer to third parties, is under no circumstances eligible for compensation, unless mandatory legal provisions provide otherwise.
10.3 Except to the extent that BOR Motorparts BV is subject to any liability under Section 3 of Title 3 of Book 6 of the Dutch Civil Code and to the extent that the law allows this, the buyer indemnifies BOR Motorparts BV against claims of any nature whatsoever from third parties who claim to have suffered damage to the extent as a result of the purchased item or any act or omission of BOR Motorparts BV in the context of the execution of the agreement, unless the buyer demonstrates that BOR Motorparts BV is liable in relation to the buyer and must compensate the buyer for this damage.
10.4 Under penalty of forfeiture of the right to compensation, BOR Motorparts BV will provide all desired cooperation in the investigation into the cause, nature and extent of the damage for which compensation is claimed.
10.5 Article 8 of the Warranty Conditions applies mutatis mutandis.

11. Dissolution

11.1 Complete or partial dissolution of the agreement will take place by means of a written statement from one of the persons entitled to do so. Before the buyer sends a written notice of dissolution to BOR Motorparts BV, the buyer must at all times first give notice of default to BOR Motorparts BV in writing and grant it a reasonable period to properly fulfill obligations.
11.2 The buyer has no right to dissolve the agreement in whole or in part or to suspend his obligation if he himself has already failed to fulfill his obligations. For consumer buyers, this provision does not affect their possible right to suspend on the basis of any legal provision.
11.3 If BOR Motorparts BV agrees to dissolution, without any default on its part, it has the right to compensation for all financial damage such as costs, lost profits and reasonable costs to determine damage and liability.
11.4 In the event of partial dissolution, to the extent permitted by law, the buyer cannot claim to have performance already performed by BOR Motorparts BV undone and BOR Motorparts BV has the full right to payment for the performance already performed by it, without prejudice to the right of BOR Motorparts BV to undo its performance and claim damages.

12. Disputes

12.1 Dutch law applies exclusively to all transactions between BOR Motorparts BV and the buyer.
12.2 All disputes arising from agreements with BOR Motorparts BV will initially be submitted to the complaints committee. This committee decides in accordance with the complaints regulations.
12.3 The complaints procedure does not affect the buyer's appeal to the competent court.