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Terms and Conditions

Article 1. General

1.1 These conditions apply to every offer and order and every agreement between ALG-Trade and opponent party to which ALG-Trade has applied these conditions, under the condition that parties haven´t deviated from these conditions explicitly and in writing.
1.2 The appropriateness of possible purchase- or other conditions of opponent party is rejected explicitly.
1.3 If between parties a situation occurs which is not covered by these General Conditions this situation must be judged according to the spirit of these General Conditions.
1.4 By placing or accepting an order opponent party accepts these conditions in full.
1.5 If ALG-Trade doesn´t require a continuous observance of these conditions, it doesn´t mean that the conditions are not applicable or that ALG-Trade would lose the right to require a strict observance of these conditions in other cases.

Article 2: Offers special offers

2.1 All offers are free of obligation, unless specifically stated otherwise by ALG-Trade. An offer or special offer expires if the product to which the offer or special offer refers isn´t available anymore.
2.2 ALG-Trade cannot be expected to comply with any offer in the event that the client should have understood that the order, or part thereof, contained an obvious mistake or typing error.
2.3 The prices mentioned in an offer or special offer are inclusive of VAT
2.4 A composed quotation doesn´t commit ALG-Trade to carry out a part of the order against a corresponding part of the price. Special offers made by the ALG-Trade do not automatically apply to repeat orders as well

Article 3. Agreement

3.1 The agreement is concluded at the moment ALG-Trade confirms it in writing, or has started realizing the order or has sent the opponent party the corresponding invoice.
3.2 Possible additional agreements or changes and (verbal) agreements and/or promises only bind us if they have been confirmed by us in writing.

Article 4. Postponement and dissolution of agreement

4.1 ALG-Trade has the right to suspend fulfilment of its obligations or to dissolve the agreement in the event that the client does not or not entirely fulfil the obligations following from the agreement. In addition, ALG-Trade has the right to dissolve the agreement if circumstances arise of a nature such that unaltered maintenance of the agreement cannot in reasonableness be expected of ALG-Trade.
4.2 If ALG-Trade decides to postpone or dissolve the agreement, based on this article, it is for this reason not liable for damages and costs and compensation which result from it, while the opponent party, by virtue of default, is obligated to pay full damages.
4.3 If opponent party cancels an order completely or partially, the ordered materials, or ready-made things, plus possible supply-, drainage- and delivery costs and the reserved working time will completely be charged to the opponent party.

Article 5. Prices

5.1 The prices of all offered products are in Euro, inclusive of VAT and exclusive of shipping costs, unless otherwise explicitly agreed.
5.2 Prices are subject to price changes, typing- or printing errors
5.3 ALG-Trade guarantees that no price increase will take place after the establishment of an agreement, unless such price increase is due to legal regulations and/or stipulations. In the event that a price increase is not due to legal regulations and/or stipulations, the opponent has the right to terminate the agreement within 10 days upon announcement of ALG-Trade.

Article 6. Payment

6.1 Unless otherwise agreed, payment of the amounts due to ALG-Trade must be made in advance through deposit or transfer to Rabobank 1316.05.488. The value date mentioned on the bank statements of ALG-Trade is crucial and will be considered as payment date. Upon receipt of the payment ALG-Trade will ship the products to the supplied delivery address of opponent party.
6.2 If ALG-Trade has delivered products without the mentioned advance payment (paragraph 1), payment must take place within 14 days upon invoice date.
6.3 If opponent party is in default of payment, opponent party will be legally in default. In such a case opponent party has to pay the statutory interest of 1% per month, unless the statutory interest is higher; in such a case the statutory interest is due. The interest over the amount due will be calculated from the moment the opponent party is in default until the complete amount due has been paid.

Article 7. Right of ownership

7.1 All goods delivered by ALG-Trade in accordance with this agreement shall remain property of ALG-Trade until opponent party has met all obligations which result from the agreement(s) with ALG-Trade properly.
7.2 Before ownership of the products is passed to the opponent party, opponent party is not entitled to rent, pawn etc. the product.
7.3 In case ALG-Trade wants to exercise its right of ownership, mentioned in this article, the opponent party will give its unconditional and irrevocable permission to ALG-Trade in advance, to enter all places where ALG-Trade properties are located and to take them back.

Article 8. Guarantee

8.1 ALG-Trade gives the same guarantee for the products to be delivered, as its gets from her manufacturers. The guarantee is only valid during the guarantee period set by the manufactures.
8.2 The guarantee means that ALG-Trade will replace the products upon receipt of the returned products. Guarantee doesn´t commit ALG-Trade to credit invoices. After having fulfilled its guarantee obligation, the replaced products will become property of ALG-Trade. Possible transport-, shipping- or other additional costs are for the opponent party´s expense.
8.3 The guarantee is not applicable if:
-Faults are a consequence of improper use by opponent party and/or third parties, normal wear and tear or if it concerns other causes than defective material or production.;
-Opponent party and/or third parties called in by opponent party carry out (or have carried out), on its own initiative, modifications and/or repairs to the product during the guarantee period;
-Opponent party hasn´t met its obligations towards ALG-Trade (completely), mentioned in these conditions.

Article 9. Liability

9.1 ALG-Trade doesn´t accept any liability for indirect damages.
9.2 The total liability of ALG-Trade is limited to once the invoice amount to which the liability relates, at least to that part of the invoice to which the liability relates.

Article 10. Force majeure

10.1 ALG-Trade shall not be expected to fulfil any obligations towards the client if it is hindered in so doing due to circumstances for which it cannot be blamed and for which it is not held responsible by either the law, a juristic act or generally accepted practice.
10.2 In addition to what the law and jurisprudence include in the definition of force majeure, in these General Conditions of Sale force majeure also refers to all external circumstances, whether expected or not, that cannot be influenced by ALG-Trade but which make it impossible for ALG-Trade to fulfil its obligations.
10.3 Parties can agree to postpone the obligations which result from the agreement, during the force majeure period. If this period lasts longer than two months, both parties are entitled to dissolve the agreement, without having to compensate the other party´s damage.

Article 11. Applicable right and conflicts

11.1 All offers and agreements between ALG-Trade and opponent shall be fully governed by Dutch Law. The Vienna Sales Convention is explicitly excluded.

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