The provisions of our current General Terms and Conditions apply to our deliveries and services. You can find the current terms and conditions here.
ESCAPE MOBILITY INTERNATIONAL BV – General Terms and Conditions
Jan Campertstraat 7 – Unit 1.14, 6416 SG, Heerlen, The Netherlands.
§ 1 Validity of the conditions
1. These terms and conditions apply to all of our offers, deliveries and other services.
§ 2 Offer and conclusion of contracts
1. Our offers are always non-binding. Customer orders only lead to the conclusion of a contract when we confirm the orders in writing or carry out the delivery or service.
2. The documents included in our offers, such as illustrations, drawings, weight and measurement information, are only approximately authoritative. The assurance of properties requires our express and written confirmation.
§ 3 Prices
1. The prices apply ex our warehouse and exclude packaging, freight, postage and insurance. The statutory VAT is added to the prices.
§ 4 Delivery
1. Delivery and service deadlines stated by us are approximate deadlines unless otherwise agreed in writing. Partial deliveries and services are permitted.
2. If we are in arrears with our delivery or service for reasons for which we are responsible, the customer is entitled to withdraw from the contract if he gives us a reasonable grace period in writing with a threat of rejection and this grace period expires fruitlessly; the grace period must be at least four weeks. Section 7 of these “General Terms and Conditions” applies to customer claims for damages due to delay and non-performance.
§ 5 Shipping and transfer of risk
1. We ship at the customer’s expense and risk. The choice of shipping method and route is up to us. We are entitled, but not obliged, to insure delivered goods in the name and for the account of the customer.
2. The risk passes to the customer as soon as the goods have been handed over to the person carrying out the transport or have left our company.
§ 6 Warranty and notice of defects
1. We provide a guarantee for defective deliveries or services within the statutory deadlines through repair or replacement delivery according to our choice.
2. If the warranty fails through repair or replacement delivery, the customer can demand a reduction in the remuneration (reduction) or the cancellation of the contract (cancellation). Section 7 of these “General Terms and Conditions” applies to compensation. The customer is obliged to inspect our deliveries or services immediately upon receipt and to report obvious defects in writing within one week of receipt of the delivery or service, and hidden defects immediately after discovery.
3. The customer’s warranty rights are void if he does not properly comply with the obligation to inspect and give notice of defects in accordance with paragraph 2.
§ 7 Liability
1. Our obligation to pay damages, regardless of the legal reason (e.g. non-fulfillment, impossibility, warranty, delay, fault in concluding the contract, breach of secondary obligation or unlawful act) only exists in full if there is intent or gross negligence. Otherwise, we are only liable in the event of a breach of an essential contractual obligation (cardinal obligation) and in the absence of a guaranteed property, but limited to such foreseeable damages, the occurrence of which should have been prevented by the cardinal obligation or the guarantee of properties.
2. Our legal liability for personal injury and under the Product Liability Act remains unaffected.
3. In commercial transactions, our liability, to the extent that we are obliged to pay compensation in accordance with the above conditions, is limited to the amount of the benefits provided by our business liability insurance.
§ 8 Retention of title
1. We reserve title to the goods delivered by us (reserved goods) until the purchase price and all of our existing and future claims from the remaining business relationship with the customer have been paid in full. This also applies if individual or all claims have been included in a current invoice and the balance has been drawn and recognized.
2. Processing or transformation of the reserved goods always takes place for us as the manufacturer, but without any obligation for us. In the event that our ownership of the reserved goods expires through combination, it is already agreed that the customer’s ownership of the uniform item will be transferred to us in proportion to the invoice value of the reserved goods and will be stored by the customer for us free of charge.
3. The customer is entitled to resell the goods in the ordinary course of business. In the event of resale, the customer hereby assigns to us the claims and other claims against his customers arising from the resale, along with all ancillary rights.
4. If the customer behaves in breach of contract – in particular late payment – we are entitled to take back the reserved goods from third parties at the customer’s expense or to collect claims submitted to us as security in accordance with paragraph 3; The customer will provide us with all the necessary information for this purpose and will now assign to us his claims for release against the third party. The taking back and seizure of the reserved goods by us does not constitute a withdrawal from the contract. We will release fully paid deliveries at our discretion if the security provided by the retention of title exceeds the claims to be secured for us by more than 20%.
§ 9 Terms of payment
1. Our invoices for customer services are due for payment immediately upon receipt without deductions.
2. Our invoices for deliveries of goods are due for payment within 14 days of the invoice date without any deductions.
3. If the customer defaults, we may charge him default interest amounting to 5% above the respective base interest rate, unless the customer can prove a significantly lower damage and we can prove a higher default damage.
4. The customer may not assign claims against us.
5. The customer may only offset undisputed or legally established claims.
§ 1O Final provision
1. Place of performance and exclusive place of jurisdiction for all disputes arising from the delivery and service relationships with our customers is Amsterdam, provided that the customer is a registered merchant or a legal entity under public law or a special fund under public law.
2. Dutch law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
Heerlen, October 1, 2023
Escape Mobility International BV
Jan Campertstraat 7 – Unit 1.14
Telephone: 0241- 479679 – 0
Limburg Chamber of Commerce (NL) 14065504
Managing Director: M. Vermin