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BRIMI Tools B2B
(not the consumers)
Article 1: Definitions and Definitions
Supplier: BRIMI Tools is the supplier of professional hand and power tools.
Buyer: The other party of the supplier, acting in the exercise of a profession or business, to which the supplier sells and supplies goods, as well as to which the supplier also provides services in such cases, etc. All those that are not covered by consumer law.
Agreement: The agreement between supplier and buyer, not being a consumer, or only business to business (B2B).
Article 2: Applicability
2.1… These terms and conditions apply to all legal relationships between the supplier and the buyer, including every offer, quotation and agreement between the supplier and the buyer to which the supplier has
declared these terms and conditions applicable, insofar as these conditions have not been explicitly deviated from by the parties in writing.
2.2. 2.2. These conditions also apply to all agreements with the supplier, for the execution of which third parties must be involved.
2.3. 2.3. Any deviations from these general terms and conditions are only valid if they have been expressly agreed in writing. In any case, all agreements regarding promotional offers and / or agreements regarding
products that are offered at a lower selling price due to damage.
2.4. 2.4. The applicability of any purchase or other terms and conditions of the buyer is expressly rejected.
2.5. 2.5. If one or more of the provisions in these general terms and conditions are null and void or should be nullified, the other provisions of these general terms and conditions remain fully applicable. The Supplier and the buyer will then enter into consultation in order to agree on new provisions to replace the null and void or annulled provisions, whereby the purpose and scope of the original provision are observed if and as much as possible.
Article 3: Offers and conclusion agreement
3.1. Any offer made by the supplier is without obligation, unless in or in connection with the offer, an instalment is explicitly mentioned a period for acceptance.
3.2. 3.2. The prices in intended offers / quotations are exclusive of VAT and other government levies, as well as any costs to be incurred in the context of the agreement, including shipping and administration costs, unless otherwise agreed.
3.3. 3.9. The offer is based solely on the information provided by the buyer, whereby the supplier may rely on the accuracy and completeness thereof. The Buyer warrants the accuracy and completeness of such
information.
3.4. 3.4. The binding non-cancellable agreement between the supplier and the buyer is concluded in the following ways:
a) by express orally or written and unaltered acceptance by the buyer of the offer made by the supplier;
b) by signing the delivery note by the buyer after receipt of goods delivered by the supplier;
c) after receipt of the order confirmation of the supplier signed by the buyer for agreement.
Article 4: Performance of the agreement
4.1. Yes. The buyer shall ensure that all data, which the supplier indicates to be necessary or that the buyer can reasonably know that they are necessary for the execution of the agreement, are provided to the
supplier in a timely and correct manner.
Article 5: Delivery
5.1. 5.1. Delivery is finished van/warehouse of supplier.
5.2. 5.2. The buyer is obliged to take delivery of the goods at the moment that the supplier delivers them to him or has it delivered to him, or at the time when they are made available to him in accordance with the agreement.
5.3. If the buyer refuses to take delivery or is negligent in providing information or instructions necessary for delivery, the supplier is entitled to store the goods at the expense and risk of the buyer.
5.4. 5.4. For orders with a purchase value less than €1,500 excluding VAT, the transport costs are for the account of the buyer.
For orders with a purchase value higher than € 1,500 excluding VAT, the transport costs are for the account of the supplier, unless it is an exceptionally large transport (this for assessment to the supplier), or
shipments abroad, the costs of which are for the account of the buyer.
5.5. – 5.5. – Yeah. The risk of the goods passes to the buyer at the time when they are legally and/or actually delivered to the buyer and are therefore brought into the power of the buyer or of a third party to be
designated by the buyer.
Article 6: Price and costs
6.1… The price is exclusive of VAT and any costs to be incurred in the context of the agreement.
6.2. .2 and 2. The Supplier is entitled to increase this price, for example in case of modification or supplementation of the agreement.
6.3. 6.3. Furthermore, the supplier is entitled to pass on price increases if the rates have increased in respect of e.g. wages or other costs between the time of offer and delivery.
Article 7: Payment
7.1. 7.1. Payment must be made immediately after the invoice date, unless otherwise agreed in a manner to be indicated by the supplier in the currency in which is invoiced, without any deduction, discount or set-off being permitted. Objections to the amount of the invoices do not suspend the payment obligation.
7.2.7. If the buyer fails to pay per due date, the buyer is legally in default. The buyer will then owe interest equal to the applicable statutory commercial interest. The interest on the due amount will be calculated from the moment that the buyer is in default until the moment of payment of the full amount, whereby a part of a month is counted as a full month.
7.3. 7.3. In the event of liquidation, bankruptcy, attachment or suspension of payment of the buyer, the claims of the supplier against the buyer are immediately due and payable.
7.4. 7.4. The Supplier has the right to have the payments made by the buyer primarily deducted from the costs, then to reduce interest due to the outstanding interest and finally to reduce the principal and the current
interest. The Supplier may, without being in default, refuse an offer for payment if the buyer designates a different order for the attribution. The Supplier may refuse full repayment of the principal sum if the
outstanding and current interest as well as the costs are not also paid.
7.5. 7.5. In the event of exceeding any payment term, the Supplier is entitled to stop further deliveries to the Buyer until the fully outstanding amount from all agreements concluded with the supplier has been fully met. In this case, the Supplier is also entitled to send the following goods exclusively under cash on delivery.
Article 8: Retention of title
8.1. . All goods delivered by the supplier remain the property of the supplier until the buyer has fully fulfilled all obligations from all agreements concluded with the supplier, this for the assessment of the supplier.
8.2.8.23 and ph.2 The Buyer is not entitled to pledge the goods covered by the retention of title or to encumber them in any other way.
8.3. If third parties seize the goods delivered under retention of title or wish to establish or assert rights to them, the buyer is obliged to inform the supplier as soon as can reasonably be expected.
8.3. If third parties seize the goods delivered under retention of title or wish to establish or assert rights to them, the buyer is obliged to inform the supplier as soon as can reasonably be expected.
8.4. The buyer undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage, as well as against theft and to make the policy of this insurance
available for inspection on first request.
8.5. 8.5. Goods delivered by the supplier, which fall under the retention of title under 8.1. of this article may only be resold in the context of normal business operations and may never be used as a means of
payment. In case of resale, the buyer also undertakes to deliver (by) the retention of title.
8.6. 8.6. In the event that the supplier wishes to exercise its property rights referred to in this article, the buyer already gives unconditional and irrevocable permission to the supplier or by appointing third parties to
enter all those places where the supplier’s property is located and those goods take back.
Article 9: Debt collection costs
9.1. 9.1. All reasonableness by the supplier in connection with the non-time or late performance by the buyer of his payment obligations are at the expense of the buyer for the account of the buyer.
9.2. 9.2. The buyer owes the statutory interest on the collection costs incurred.
Article 10: Research, advertising
10.1… Manco’s must be reported in writing to the supplier by the buyer within 7 days after discovery. The short of a short letter must contain a description of the shortcoming as possible, so that the supplier is able
to respond adequately.
10.2.0.1, and 10.2 and 2.2 If a shortlim is well-founded, the supplier is entitled to either adjust the invoice amount at its own discretion, or to re-supply the product in question or to refund part of the price already paid
without giving further performance to the agreement.
10.3. If the buyer has not filed within the period set out in Article 10.1, all his rights and claims for whatever reason expire, in respect of what he has complained about or could have been complaining within that
period.
Article 11: Expiry period
11.1. – 1.1. Without prejudice to the provisions of Article 10, the buyer shall be obliged if he considers or remains that the supplier has not carried out the contract in a timely manner, not in full or not properly, this,
unless this has already been done on the basis of the provisions of Article 10.1 – to notify the supplier in writing without delay and to assert the claims based thereon within one year of the date of the
aforementioned notification, or within one year, after that notification should have been made, in order to exercise, in the absence of any right of the rights to which the said notice.
Article 12: Suspension and dissolution
12.1. 12.1. If the buyer has not, not properly or not in time with any obligation to the supplier, if the buyer has been declared a request in bankruptcy has been filed with the court, if the buyer has applied for
suspension of payment or has been granted to him, if the buyer’s business is suspended or liquidated, if attachment to goods from the buyer is made, or if the buyer is subject to administration or guardianship, the
supplier has the right to suspend the performance of all his obligations towards the buyer, or without prejudice to any other compensation.
Article 13: Liability
13.1. – It’s 1.1. If the supplier is liable, this liability is limited to what is regulated in this provision.
13.2 The liability of the supplier for damage of the buyer, which is caused by late, not complete or improper execution of the agreement, is limited to a maximum of the invoice amount excl. VAT, which has been
charged by the supplier to the buyer for the delivered goods and / or for the execution of the work, in which the cause of the damage is located. However, any compensation owed by the supplier to the buyer will
never exceed the amount for which the supplier’s liability is covered by insurance, at least up to a maximum of €500, insofar as the said insurance would not provide cover if any. The foregoing suffers the exception
in case of intent or equivalent gross negligence of supplier. The supplier includes the following provisions of this article, his employees as well as any third parties engaged by him in the execution of the assignment.
13.2 The liability of the supplier for damage of the buyer, which is caused by late, not complete or improper execution of the agreement, is limited to a maximum of the invoice amount excl. VAT, which has been
charged by the supplier to the buyer for the delivered goods and / or for the execution of the work, in which the cause of the damage is located. However, any compensation owed by the supplier to the buyer will
never exceed the amount for which the supplier’s liability is covered by insurance, at least up to a maximum of €500, insofar as the said insurance would not provide cover if any. The foregoing suffers the exception
in case of intent or equivalent gross negligence of supplier. The supplier includes the following provisions of this article, his employees as well as any third parties engaged by him in the execution of the assignment.
13.3 of which. The Supplier is not liable for damage caused by the buyer not fulfilling his information obligation under article 3.3, unless this damage is partly caused by intent or equivalent gross negligence of the
supplier.
13.4. 13.4. Furthermore, the Supplier is not liable for damage caused by acts or omissions of third parties involved by the buyer in the execution of the assignment, unless that damage is also caused by intent or
equivalent gross negligence of the supplier.
13.5 of it. The Supplier is also always entitled to limit or undo the damage of the buyer as much as possible, to which the buyer will cooperate.
13.6 of that. The buyer is obliged to limit his/her damage and/or that of its members as much as possible or, where possible, to undo it.
13.7.. The Supplier is never liable for indirect damage, including consequential damage, lost profits, missed savings and damage due to business stagnation.
The foregoing suffers the exception in case of intent or equivalent gross negligence of supplier.
Article 14: Invasive notices
14.1… The buyer indemnifies the supplier against claims from third parties with regard to intellectual property rights to materials or data provided by the buyer, which are used in the execution of the agreement.
14.2 The Buyer indemnifies the Supplier against claims from third parties in respect of damage, which is related to or resulting from the agreement performed by the supplier, if and insofar as the supplier is not liable
to the buyer under the provisions of Article 13.
Article 15: Forces of force
15.1. 15.1. Parties are not obliged to comply with any obligation if they are hindered to do so as a result of a circumstance that is not due to fault, and is not for their account under the law, a legal act or generally
accepted standards.
15.2. 15.2 and 2.2 Force majeure in these general terms and conditions is understood to mean, in addition to what is understood in the law and jurisprudence, all external causes, foreseen or unforeseen, on which
the supplier cannot exert any influence, but which prevent the supplier from fulfilling the obligations. Strikes in the supplier’s company are included.
15.3. In the event of force majeure, the buyer cannot claim any compensation.
15.4 lf a case of force majeure leads to exceeding the agreed date or term, the buyer has the right to dissolve the agreement in question by means of a written statement. This dissolution does not extend to goods
that have already been delivered; they must be paid to the supplier with due observance of Article 7 of these general terms and conditions.
Article 16: Applicable Law and Disputes
16.1. – It’s that of this. The court in the place of business of the supplier is exclusively competent to take cognizance of disputes, unless provisions of mandatory law prescribe otherwise.
16.2. 16.2 and 2.2 and 20.2 All legal relationships between the supplier and the buyer to which these general terms and conditions apply are governed by Dutch law. The Vienna Sales Convention is expressly
excluded.
Article 17: Vengeration of the
17.1. Inc. and 17.1. The most recently published version is always applicable on the website or the version as it was valid at the time of the conclusion of the agreement.