General conditions Horti-Innovations international B.V.

Article 1: Applicability

1.1   These terms and conditions apply to all products and services offered by Horti-Innovations International B.V., hereinafter referred to as Horti-Innovations Int. B.V., unless expressly agreed otherwise in writing.

1.2   General terms and conditions of the client or customer do not apply and are expressly rejected.

Article 2: Services

2.1   All quotations or quotations are without obligation.

2.2   If the client provides data such as drawings, calculations and the like, the contractor may assume the correctness of this and will base the quotation on this.

2.3   The prices mentioned in the quotation are exclusive of VAT and transport, unless this is stated otherwise in the quotation.

Article 3: Intellectual property rights

3.1   Unless otherwise agreed and this has been established in writing, Horti-Innovations Int. B.V. retains the copyrights and all industrial property rights to offers, designs, images, drawings, calculations and test models made.

3.2   The rights to the data referred to in paragraph 1, article 3, remain the property of Horti-Innovations Int. B.V. regardless of whether costs have been charged for its manufacture. This data may not be copied, used or shown to third parties without the express permission of Horti-Innovations Int. B.V. In case of violation of this provision, the client owes Horti-Innovations Int. B.V. a fine of € 25,000. This fine can be claimed in addition to compensation under the law.

3.3   The client must return the information provided to him as referred to in paragraph 1, Article 3, on first request by Horti-Innovations Int. B.V. within the set period. In case of violation of this provision, the client owes a fine of € 1,000 per day exceeded to Horti-Innovations Int. B.V.. This fine can be claimed in addition to compensation under the law.

Article 4: Advice, designs and materials

4.1   The Client cannot derive any rights from advice and information provided by Horti-Innovations Int. B.V. if these do not relate directly to the assignment.

4.2   The Client is responsible for the drawings and calculations made by him and for the functional suitability of the material prescribed by him or on his behalf.

4.3   The Client indemnifies the Contractor against any claim by third parties with regard to the use of drawings, calculations, samples, models and the like provided by or on behalf of the Client.

4.4   The Client may examine the materials that the Contractor wishes to use before they are processed for its own account. If the contractor suffers damage as a result, this will be borne by the client.

Article 5: Delivery time

5.1   The delivery time is approximately determined in advance by Horti-Innovations Int. B.V.

5.2   When determining the delivery time, Horti-Innovations Int. B.V. assumes that it can carry out the assignment under the circumstances known to it at that time.

5.3   The delivery time starts when all technical details are in the possession of Horti-Innovations Int. B.V. and payment has been received.

5.4   Exceeding the agreed delivery time does not entitle you to compensation under any circumstances unless this has been agreed in writing.

Article 6: Delivery

6.1   Horti-Innovations Int. B.V. is responsible to the client for a correct delivery. If damage occurs during transport, Horti-Innovations Int. B.V. will exempt the client from damage.

6.2   Upon delivery, the customer must sign for a correct delivery. Non-visible damage must be reported to Horti-Innovations Int. B.V. within 7 working days. After this period, the obligation of Horti-Innovations Int. B.V. to indemnify the client for damage expires.

6.3   If the client chooses to arrange its own transport for the products, all obligations for Horti-Innovations Int. B.V. for claiming compensation lapse when the products are transferred to the transport company engaged by the client.

Article 7: Warranty

7.1   Horti Innovations Int. B.V. guarantees the vehicles for a period of 1 year after delivery. We have a 2-year warranty on the Lithium batteries and a 6-month warranty on the AGM batteries. A warranty period of 6 months applies to parts and all other products, with the exception of the products mentioned in article 7.5.

7.2   If it appears that the goods delivered are not sound, Horti-Innovations Int. B.V. will repair/replace them (Carry-in warranty). If possible, the parts will be sent by Horti-Innovations Int. B.V. Franco.

7.3   The Client must at all times offer Horti-Innovations Int. B.V. the opportunity to repair any defect or to carry out the processing again.

7.4   The Client can only invoke the guarantee after he has fulfilled all obligations towards Horti-Innovations Int. B.V. B.V.

7.5   The warranty conditions do not apply to Danish trolleys, Danish trolley plates, type 1 and type 2 wheels, extensions and all the above attributes for the variants on the Danish trolley such as the half Danish cart, Retail cart and Auction cart.

7.6   The warranty conditions only apply to products sold as new. Second-hand products or products that are sold as a demo model only have a warranty claim on a written agreed agreement. If no agreements have been made in writing, the customer cannot invoke conditions.

7.7   The warranty conditions expire with:

         A.  Normal wear and tear.

         B.  Improper Use.

         C.  Maintenance not performed or incorrectly carried out.

         D.  Installation, assembly, modifications or repair by the customer or third parties.

Article 8: Liability

8.1   Horti-Innovations Int. B.V. is not liable for any damage resulting from the execution of the agreement.

8.2   If Horti-Innovations Int. B.V. is nevertheless liable for any damage, this liability is limited to a maximum of that part of the invoice amount involved in that part of the execution of the agreement to which the liability relates, at least up to the invoice amount, at least to a maximum of the total order sum, at least to the amount of the payment to be provided by the insurer of Horti-Innovations Int. B.V.

8.3   If the consequences of any damage caused by this agreement could be insured by the other party, or are normally insured by customers in that sector, Horti-Innovations Int. B.V. will never be liable.

8.4   Insurance contracts concluded by Horti-Innovations Int. B.V. with insurers (including with regard to civil liability and product liability) do not release the other party from the obligation to insure itself adequately and in the same way.

8.5   Horti-Innovations Int. B.V. is never liable for indirect damage, including consequential damage, loss of profit, missed savings and damage due to business interruption.

8.6   Horti-Innovations Int. B.V. is not liable for costs, damage and interest, which are directly or indirectly the result of:

        A.  Infringement of patents, licenses, copyrights or other rights of third parties, as a result of use of, by or on behalf of the other party provided to Horti-Innovations Int. B.V.;

        B.  Negligence of our employees or of persons used by us in the performance of the agreement;

        C.  Exceeding the delivery time due to circumstances beyond the control of Horti-Innovations Int. B.V.;

        D.  Damage that may arise directly or indirectly to persons, goods or the company of the customer and / or third parties.

8.7   Models, images, tools, drawings, descriptions and all other information made available to Horti-Innovations Int. B.V. by the other party remain at his expense and risk and will be returned to him after use, also at his expense and risk.

8.8   Horti-Innovations Int. B.V. is not liable for damage, of whatever nature, because Horti-Innovations Int. B.V. has assumed the incorrect and/or incomplete information provided by the other party, in particular with regard to the presence of contaminated or hazardous materials or substances, unless this inaccuracy or incompleteness should have been known to Horti-Innovations Int. B.V.

8.9   Horti-Innovations Int. B.V. is not liable for damage if the other party has made changes to or performed work on the goods delivered by Horti-Innovations Int. B.V. and/or if the other party has used these goods/services for other than normal (business) purposes. Nor is Horti-Innovations Int. B.V. liable if the other party has not complied with the user manual.

8.10  The other party indemnifies Horti-Innovations Int. B.V. against any claims from third parties who suffer damage in connection with the execution of the agreement and which damage is attributable to the other party.

8.11  Horti-Innovations Int. B.V. is never liable for damage resulting from advice given. Advice is always given on the basis of the facts and circumstances known to Horti-Innovations Int. B.V. and in mutual consultation, whereby Horti-Innovations Int. B.V. always takes the intention of the other party as a guideline and starting point.

8.12  The limitations of liability for direct damage included in these terms and conditions do not apply if the damage is due to intent or gross negligence on the part of Horti-Innovations Int. B.V. or its subordinates.

8.13  The other party must offer Horti-Innovations Int. B.V. the space to perform all actions that can prevent, limit, repair or eliminate damage, failing which the other party is liable for the resulting damage.

8.14  Horti-Innovations Int. B.V. is not liable if items prove unsuitable for the purpose for which the other party ordered the goods. The other party must therefore inform himself in advance about the suitability of goods for the purpose that he intends to do so.

8.15  Damage claims as a result of the aforementioned must be reported to Horti-Innovations Int. B.V. by registered letter within 7 days of their occurrence or as much earlier as the tenant could have recognized the damage, under penalty of forfeiture of any claim for compensation by the other party.

Article 9: Payment

9.1   Payment is made at the place of establishment of Horti-Innovations Int. B.V. or an account designated by Horti-Innovations.

9.2   Unless otherwise agreed, payment is always 100% in advance.

9.3   In all cases, payment must be made within 30 days of the invoice date.

9.4   Regardless of the agreed payment condition, the client is obliged to provide what Horti-Innovations Int. B.V. believes to be sufficient security for payment. If the client does not comply with this within the set period, he will immediately be in default. In that case, Horti-Innovations Int. B.V. B.V. has the right to dissolve the agreement and to recover its damage from the client.

9.5   The entire claim for payment is immediately due and payable if:

        A.  A payment term has been exceeded.

        B.  The client has gone bankrupt or applies for suspension of payments.

        C.  Goods or claims of the client are seized.

        D.  The client is dissolved or liquidated.

        E.  The client is placed under guardianship or dies.

9.6   If payment has not been made within the agreed payment term, the client immediately owes interest to Horti-Innovations Int. B.V.. The interest rate is 10% per year but is equal to the statutory interest rate if it is higher. In interest calculations, part of the month is seen as a full month.

9.7   If payment has not been made within the agreed payment term, the client owes Horti-Innovations Int. B.V. all extrajudicial costs with a minimum of € 50.00.

        The costs are calculated based on the following table:

        The first € 3,000.00 will be charged 15%.

        Up to € 6,000.00 will be charged 10%

        The excess up to € 15,000.00 will be charged 8%.

        5% will be charged on the excess up to € 60,000.00.

        The remaining amount of € 60,000.00 and above will be charged 3%.

 

9.8 If Horti-Innovations Int. B.V. is successful in legal proceedings, all costs incurred in connection with these proceedings will be borne by the client.