Chamber of Commerce:
081.511.85 Enschede, Netherlands
General
In these general conditions of sale, the following terms are understood to mean:
Aeronautical Support & Consulting: or a legal entity affiliated with it that applies these Conditions of Sale. Here after to be called AeroSupCo.
Buyer: The person and/or company that undertakes to purchase objects and/or services from AeroSupCo.
1. Application
1.1 These General Conditions apply to all agreements concluded by AeroSupCo, to the realisation thereof and furthermore to all quotations given by AeroSupCo.
1.2 Deviations from these General Conditions are valid only if they have been agreed in writing by AeroSupCo.
2. Amendment of Agreement
Without prejudice to the provision of Article 3.1, amendment of the agreement, of whatever nature, is valid only if it has been agreed in writing by AeroSupCo.
3. Purchase Price
3.1 AeroSupCo. is entitled, at any time up to the moment of delivery, to pass on an increase in the costs connected with the production and/or delivery (in the widest sense) of the objects purchased by the Buyer by including said increase in the purchase price.
3.2 If the Buyer gives an order without a pre-agreed price, then this order (without prejudice to the provision in Article 4.2) is carried out at the price applicable on the day when this order is received.
4. Quotations and Orders
4.1 A quotation given by AeroSupCo does not constitute an obligation unless the quotation expressly states otherwise.(subject to final approval management AeroSupCo.)
4.2 The Buyer undertakes a commitment to AeroSupCo by means of placing a verbal and/or written order via the web-shop by letter, telephone, fax and/or e-mail.
4.3 Orders placed by the Buyer are binding AeroSupCo only after they have been confirmed in writing by AeroSupCo. An invoice is considered to be a written confirmation.
5. Delivery
5.1 Delivery of purchased objects is made post-paid to the address of the Buyer, unless otherwise agreed. If the size of a shipment amounts to less than a pallet, AeroSupCo may charge the Buyer for transport costs.
5.2 Delivery periods apply only if they are expressly mentioned in the order confirmation given by AeroSupCo. The delivery period starts at the moment of written confirmation of the order by AeroSupCo. The delivery period is a target period; exceeding the delivery period will not, even after notice of default, cause AeroSupCo , to be liable for damages or otherwise.
6. Force Majeure
In the case of Force Majeure on the part of AeroSupCo, AeroSupCo is entitled, at its discretion, to rescind the concluded purchase agreement or to postpone the moment of delivery until the moment at which the force majeure ceases to exist, without giving the Buyer the right to claim any compensation from AeroSupCo.
7. Retention of Title and Risk
7.1 The goods delivered by AeroSupCo. to the Buyer, remain the property of AeroSupCo. as long as AeroSupCo . has any amount receivable to claim from the Buyer, regardless of its nature, with respect to those goods.
7.2 The Buyer is entitled to sell the goods delivered by AeroSupCo, but not yet paid for, to third parties, within the normal course of its business operations. To the extent, that such goods have not been paid and have not been delivered to third parties, the Buyer shall store goods delivered by AeroSupCo clearly separated from other goods, so that the goods delivered by AeroSupCo are recognisable as the property of AeroSupCo.
7.3 As long as AeroSupCo has any outstanding payment to claim from the Buyer, the Buyer shall inform AeroSupCo. immediately, if third parties assert a claim to rights with respect to goods delivered by AeroSupCo In this case, AeroSupCo is entitled to remove the goods in question from the Buyer and to retake possession of them.
7.4 If AeroSupCo wishes to retake possession of the objects in accordance with Articles 7.2 and 7.3, then for that purpose the Buyer shall give him access to the place, where the goods are stored. The Buyer is liable for all costs incurred as a result of retaking possession and storage of the goods. AeroSupCo is not required to redeliver the goods to the Buyer until AeroSupCo. has been paid in full, or adequate guarantee has been given with respect to the claim(s) of AeroSupCo.
7.5 From the moment of delivery, the Buyer bears the risk for the loss of, damage to or any other reduction in value of the goods delivered by AeroSupCo.
8. Payments
8.1 Payments should be made in advance or within fourteen or thirty days after the invoice date, whichever is applicable.
8.2 If the invoice mentions a payment discount and if the payment is made within a certain number of days (the ‘discount period’), then the Buyer is entitled, on paying the invoice within the discount period, to deduct the discount from the invoice amount.
8.3 If the period mentioned in Article 8.1 is exceeded, the Buyer is in default by operation of law and he shall owe the legal interest on the unpaid amount as from the date that the purchase price is due.
8.4 The Buyer shall pay the purchase price in full, without deduction or set-off.
8.5 If the Buyer defaults in its obligations vis-à-vis AeroSupCo, all costs of collection, both judicial and extra-judicial, shall be borne by the Buyer. The extrajudicial costs shall be fixed at:
On the first
€ 3,000 15%
On the balance up to
€ 6,000 10%
On the balance up to
€ 15,000 8%
On the balance up to
€ 60,000 5%
On the balance up to
€ 120,000 3%
If the Buyer fails to comply with any of its obligations towards AeroSupCo, or if AeroSupCo may reasonably assume that the Buyer will not meet or will not be able to meet any of its obligations, then AeroSupCo is entitled to:
a. Demand payment in advance or a suitable guarantee of payment or immediate payment on delivery for the payment obligations ensuing from all current agreements or agreements still to be concluded and/or to suspend the delivery (including the production or processing of the objects for the delivery);
b. Terminate the purchase agreement(s) in question and/or additional or all agreements between AeroSupCo and Buyer entirely, to the extent they have not been carried out, effective immediately, without notice, and without legal intervention being required;
The above shall not prejudice to the right of AeroSupCo to claim full compensation for damages.
8.6 Buyer is not entitled to set off any of her / his current and / or future claims on whatever account against AeroSupCo, against any amount (in money) that is and / or will become due to AeroSupCo.
9. Lodging Complaints
9.1 If the goods delivered by AeroSupCo have visible defects and/or if the amount/weight delivered does not correspond with the agreed amount/weight, then the Buyer may file a complaint immediately upon delivery. AeroSupCo shall not accept complaints thathave not been filedwithin two working days after discovery of the defect, of goods not already used.
9.2 If a defect is not visible, the Buyer may file a complaint with AeroSupCo immediately after the defect has been discovered. AeroSupCo shall not accept complaints thathave not been filedwithin two working days after discovery of the defect.
9.3 If AeroSupCo accepts a complaint, it shall give the Buyer credit for the value of the goods, to which the complaint pertains, but only after the goods have been returned and received by AeroSupCo If requested.
9.4 Any right of recovery or claim terminates upon the expiration of two weeks following the invoice date.
10. Liability
AeroSupCo liability is limited to the amount of the invoice for defective goods part only. AeroSupCo shall not be liable for loss of profit and/or consequential loss incurred by the Buyer and/or third parties caused by defects of goods delivered by AeroSupCo The Buyer shall immediately report this to AeroSupCo also if received from third parties with respect to goods delivered by AeroSupCo.
11. Competent Court
All disputes between AeroSupCo and the Buyer shall be brought before the competent court in the district of Nordhorn, which shall have exclusive jurisdiction.
12. Applicable law
These General Conditions and all agreements to which they apply, are subject to Dutch law only.
Abcoude, April 2, 2016
Netherlands