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General terms of delivery M5 Recumbents

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Article 1. Relevance of terms of delivery
These terms of delivery apply to all sellings and deliveries, both services and goods, by M5 Recumbents, here after called "Seller". The opposite party of Seller is named "Buyer".
On transactions on which these general terms apply, are no other general terms valid; any general conditions of Buyer are explicitly declined.

Article 2. Selling and delivery of goods
All goods, selled by Seller, keep in possesion of Seller, until the full amount is payed by Buyer.
Risk of loss, destruction and/or damage of/to sold goods and/or goods which are delivered are transfered to Buyer on the moment that the goods leave the company of the Seller.

Article 3. Services
On performing services Seller can hold back all goods, who belong to Buyer, until the full amount due is payed by Buyer.
Risk of loss, destruction and/or damage of/to goods which are given to Seller to work on, are fully for the buyer.

Article 4. Payment
Payment occurs cash at delivery, except if otherwise is agreed.
Is payment not forthcoming, then Buyer forfeits an immediately claimed penalty of 5% of the monthly indebted amount, undimished the right of Seller to compensation.

Article 5. Imperfections
Buyer is bound to inform Seller by means of letter any imperfections, within 14 days after delivery, this on penalty of decline of right of appeal on imperfections that could be discovered by punctual inspection. Especially Buyer must control and service the frontforks.
By the examination established imperfections and only the imperfections in the delivered goods, which could not be stated with the inspection, but within 6 months after delivery still are detected, and after discovery immediately are stated by letter to Seller, will be as far as can been proven as failing of Seller, repaired and/or changed by Seller, without cost, by judgement of Seller. This by choice of Seller.
Imperfections in deliveries give no ground for dissolution of the contract, unless it concerns imperfections as mentioned in the last two articles and Seller not succeeds after several attempts to remove the imperfections in an acceptable way. Then Buyer has the power to cancel, if and as far as upkeeping this contract reasonably can no longer be required from Buyer.

Article 6. Responsibility
For damage concerning deliveries and/or services by or from Seller to Buyer in broad perspective for which Seller can be hold responsible obtains as fas as forced conditions nothing else bring along - the following.
Only that damage can be compensated when Buyer irrefutable has shown that this is the consequence of a circumstance or an event, for which Seller can be hold responsible.
Damage, as far as consisting of lost profit, less produce, caused damage or indirect damage is not considered to be compensated.
Damage concerning (poor function) of front forks of bicycles will under no circomstance be compensated.
Damage concerning material damage or personal injury, will only be compensated to the amount of maximum of net invoice value.
Other damage than mentioned under 6.3 and 6.4 will be compensated up to 50% of the net invoice value (is the gross invoice worth minus VAT and other governments taxes, if any) of that delivery c.q. that service which the damage concerns.
The under 6.4 and 6.5 mentioned compensations conceirn all claims together, which come from a delivery c.q. a service, which the damage concerns.
Undiminished the facts before in this article indicated, only compensation is submitted to damage that is suffered within six months after delivery of the goods and/or after the end of the certain service and futhermore within that term is reported to Seller by letter within fourteen calendardays after discovery.
On penalty of a complete cancel of the right of damage claim will Seller be given all assistance with the investigation to cause, nature and extent of the damage, for which a compensation is claimed.
Legal claims concerning damage will be cancelled within six months after discovery of the damage. Clearance with assessed claims, which are not acknowledged by Seller or not irrevocable by right ascertained, are not permitted.
Buyer safeguards Seller from claims concerning any third person, who claimes to have sufferd damage by a delivery and/or service that Seller delivered to Buyer.
Guarantee for frames is five years solely for first Buyer.
Guarantee for forks is two years solely for first Buyer.
Gurantee does not include costs of shipping and exchange of parts to this frame and/or fork.

Article 7. Applicable right
On all transactions the Dutch law is applicable.

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