Terms

GENERAL TERMS AND CONDITIONS Window King 

Definitions

  1. Window King: Window King, established in Dordrecht, Chamber of Commerce no. 65629728.
  2. Customer: the person with whom Window King has entered into an agreement.
  3. Parties: Window King and customer together.
  4. Consumer: a customer who is an individual acting for private purposes.

Applicability

  1. These terms and conditions will apply to all quotations, offers, activities, orders, invoices, agreements and deliveries of services or products by or on behalf of Window King.  
  2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
  3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Offers and quotations

  1. Offers and quotations from Window King are without engagement, unless expressly stated otherwise.
  2. An offer or quotation is valid for a maximum period of 2 months from its date, unless another acceptance period is stated in the offer or quotation. 
  3. If the customer does not accept an offer or quotation within the applicable time frame, the offer or quotation will lapse.
  4. Offers and quotations do not apply to repeated orders, unless the parties have agreed upon this explicitly and in writing.

Acceptance

  1. Upon acceptance of a quotation or offer without engagement, Window King reserves the right to withdraw the quotation or offer within 3 days after receipt of the acceptance, without any obligations towards the customer. 
  2. Verbal acceptance of the customer only commits Window King after the customer has confirmed this in writing (or electronically).

Prices

  1. All prices used by Window King are in euros, are exclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
  2. Window King is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time. 
  3. Increases in the cost prices of products or parts thereof, which Window King could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases. 
  4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.

 

Samples / models 

If the customer has received a sample or model of a product, he cannot derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied conform to the sample or model.

Consequences of late payment

  1. If the customer does not pay within the agreed term, Window King is entitled to charge an interest of 1% per month from the day the customer is in default, whereby a part of a month is counted for a whole month.
  2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Window King. 
  3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs. 
  4. If the customer does not pay on time, Window King may suspend its obligations until the customer has met his payment obligation. 
  5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Window King on the customer are immediately due and payable. 
  6. If the customer refuses to cooperate with the performance of the agreement by Window King, he is still obliged to pay the agreed price to Window King. 

Right of recovery of goods 

  1. As soon as the customer is in default, Window King is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
  2. Window King invokes the right of recovery by means of a written or electronic announcement.
  3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Window King, unless the parties agree to make other arrangements about this. 
  4. The costs for the collection or return of the products are at the expense of the customer.

Suspension of obligations by the customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention 

  1. Window King can appeal to his right of retention of title and in that case retain the products sold by Window King to the customer until the customer has paid all outstanding invoices with regard to Window King, unless the customer has provided sufficient security for these payments. 
  2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Window King.
  3. Window King is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

Settlement 

The customer waives his right to settle any debt to Window King with any claim on Window King. 

Retention of title 

  1. Window King remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Window King under whatever agreement with Window King including of claims regarding the shortcomings in the performance.
  2. Until then, Window King can invoke its retention of title and take back the goods. 
  3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products. 
  4. If Window King invokes its retention of title, the agreement will be dissolved and Window King has the right to claim compensation, lost profits and interest.

Storage 

  1. Any extra costs as a result of premature or late purchase of products are entirely at the customer's expense.

Guarantee

  1. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material;
    - five years for PVC windows (windows)
    - three years for aluminum and wooden windows (windows)
    - two years for doors in all systems
    - one year for accessories in all systems (handles, locks, etc.)
  2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.
  3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.  

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Indemnity

The customer indemnifies Window King against all third-party claims that are related to the products and/or services supplied by Window King. 

Complaints

  1. The customer must examine a product or service provided by Window King as soon as possible for possible shortcomings.
  2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Window King of this as soon as possible, but in any case, within 1 month after the discovery of the shortcomings. 
  3. Consumers must inform Window King of this within two months after detection of the shortcomings.
  4. The customer gives a detailed description as possible of the shortcomings, so that Window King is able to respond adequately. 
  5. The customer must demonstrate that the complaint relates to an agreement between the parties.
  6. If a complaint relates to ongoing work, this can in any case not lead to Window King being forced to perform other work than has been agreed. 

Giving notice

  1. The customer must provide any notice of default to Window King in writing.
  2. It is the responsibility of the customer that a notice of default actually reaches Window King (in time). 

Joint and several Client liabilities

If Window King enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Window King under that agreement. 

Liability of Window King

  1. Window King is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.  
  2. If Window King is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
  3. Window King is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
  4. If Window King is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
  5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

Every right of the customer to compensation from Window King shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.

Dissolution

  1. The customer has the right to dissolve the agreement if Window King imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance. 
  2. If the fulfillment of the obligations by Window King is not permanent or temporarily impossible, dissolution can only take place after Window King is in default. 
  3. Window King has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Window King good grounds to fear that the customer will not be able to fulfill his obligations properly. 

Supply conditions

  1. Delivery of goods up until port of Rotterdam is responsibility of Window King. After that it is client’s responsibility, unless agreed otherwise by email or any other written form.
  2. Window King will provide documents of proof that goods are handed over to freight forwarder.

Payment conditions

Goods are to be paid in full before production starts, unless agreed otherwise by email or any other written form.

Force majeure

  1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Window King in the fulfillment of any obligation to the customer cannot be attributed to Window King in any situation independent of the will of Window King, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Window King . 
  2. The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages. 
  3. If a situation of force majeure arises as a result of which Window King cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Window King can comply with it. 
  4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part. 
  5. Window King does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Modification of the agreement

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly. 

Changes in the general terms and conditions

  1. Window King is entitled to amend or supplement these general terms and conditions. 
  2. Changes of minor importance can be made at any time. 
  3. Major changes in content will be discussed by Window King with the customer in advance as much as possible.
  4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions. 

Transfer of rights

  1. The customer cannot transfer its rights deferring from an agreement with Window King to third parties without the prior written consent of Window King. 
  2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code. 

Consequences of nullity or annullability

  1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions. 
  2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Window King had in mind when drafting the conditions on that issue.

Applicable law and competent court

  1. Dutch law is exclusively applicable to all agreements between the parties. 
  2. The Dutch court in the district where Window King is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

Drawn up on 01 January 2019. 

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