General conditions

Introduction

These general terms and conditions apply to all offers, quotations and agreements between Gebr. Mendel, located at Lange Amerikaweg 80, 7332 BR Apeldoorn, the Netherlands, and its customers. By placing an order you agree to these terms and conditions.

Article 1 – Definitions.

1.1 In these terms and conditions, the following definitions shall apply:

• Gebr. Mendel: the user of these general terms and conditions.
• Customer: the natural or legal person who enters into an agreement with Gebr. Mendel.
• Agreement: any agreement entered into between Gebr. Mendel and the customer.

Article 2 – Applicability.

2.1 These general terms and conditions apply to all offers, quotations and agreements between Gebr. Mendel and the customer. 2.2 Deviations from these general terms and conditions are only valid if agreed in writing.

Article 3 – Offers and quotations

3.1 All offers and quotations of Gebr. Mendel are without obligation, unless otherwise agreed in writing. 3.2 Gebr. Mendel cannot be held to its offers and quotations if the Customer can reasonably understand that the offer or quotation, or any part thereof, contains an obvious mistake or slip of the pen.

Article 4 – Prices

4.1 All prices are exclusive of VAT unless otherwise indicated. 4.2 Gebr. Mendel reserves the right to change prices. Price changes do not affect current agreements.

Article 5 – Payment

5.1 Payment must be made within 30 days of the invoice date, unless otherwise agreed in writing. 5.2 If payment is not made on time, the client shall be in default by operation of law and shall owe interest of 1% per month, unless the legal interest rate is higher, in which case the legal interest rate shall apply.

Article 6 – Delivery

6.1 Delivery takes place at the address provided by the customer. 6.2 The Client is obliged to take delivery of the purchased items at the time they are delivered to it. 6.3 If the customer refuses to take delivery or fails to provide information or instructions necessary for delivery, Gebr. Mendel shall be entitled to store the goods at the expense and risk of the customer.

Article 7 – Retention of title.

7.1 All items delivered by Gebr. Mendel remain the property of Gebr. Mendel until the customer has fulfilled all obligations under all agreements concluded with Gebr. Mendel have been fulfilled.

Article 8 – Warranty

8.1 Gebr. Mendel guarantees that the goods to be delivered meet the usual requirements and standards that could reasonably be set for them at the time of delivery. 8.2 The guarantee does not apply if the defects have arisen as a result of injudicious or improper use or when the customer or third parties have made changes or attempted to make changes to the goods without the written permission of Gebr. Mendel.

Article 9 – Liability

9.1 Gebr. Mendel is not liable for damage, of whatever nature, arising because Gebr. Mendel has relied on incorrect and/or incomplete information provided by or on behalf of the Client. 9.2 If Gebr. Mendel may be liable for any damage whatsoever, Gebr. Mendel’s liability is limited to a maximum of the invoice amount of the agreement, at least that part of the agreement to which the liability relates.

Article 10 – Force majeure

10.1 Gebr. Mendel is not obliged to fulfill any obligation to the Customer if it is prevented from doing so as a result of a circumstance which is not due to fault, and which is not for its account by virtue of the law, a legal act or generally accepted practice.

Article 11 – Disputes.

11.1 All legal relationships to which Gebr. Mendel is a party is exclusively governed by Dutch law. 11.2 The District Court in the place of business of Gebr. Mendel is exclusively competent to take cognisance of disputes, unless the law imperatively prescribes otherwise.

Article 12 – Amendments to general terms and conditions

12.1 Gebr. Mendel reserves the right to amend or supplement these General Terms and Conditions. 12.2 Amendments shall take effect at the announced time of entry into force. If no time of entry into force has been announced, amendments shall come into force in relation to the Customer as soon as he has been notified of the amendment.

Contact

For questions or comments about these terms and conditions, please contact us at:

Gebr. Mendel
Lange Amerikaweg 80
7332 BR Apeldoorn
Nederland

+31 55 – 5331412
info@mendel.nl