General Terms of Delivery HorSeMolen b.v.
- The terms and conditions here stipulated are binding to both parties unless otherwise expressly stipulated in writing.
- All payments must be made within 14 days from the date of invoice.
- All orders of animal feeds and other goods from HorSeMolen b.v. will be carried out with the necessary urgency, without allowing for any possible delay to be a valid reason to terminate the sales contract or to be entitled to a compensation.
- The buyer shall be deemed to have expressly accepted the goods as soon as the goods are delivered to HorSeMolen b.v. or a third conveyor.
- Any defect that is seen as a hidden defect must explicitly be reported to HorSeMolen b.v. and HorSeMolen b.v. must be notified by registered letter with an explicit and reasoned statement of the defect whether or not containing expert reports, and all this within eight days after delivery. HorSeMolen b.v.’s liability is in any case limited to the value of the delivered goods even if the damage is more advanced and greater damages have been proven.
- Each customer is considered to be notified and explicitly aware of the first invoice and to accept these terms and conditions as binding in their further relationship with HorSeMolen b.v.
- All supplies in bulk, bagged or otherwise packaged will be deemed to conform with the accompanying weighing and / or delivery receipts of which a copy is always at HorSeMolen b.v. even in the absence of the customer so that all observations or complaints regarding quantities must be reported within 48 hours by registered letter, email or fax to HorSeMolen b.v.
- The buyer expressly accepts that provided feeds are administered to the animals within a period of eight days after delivery in order to maintain optimum quality and to ensure maximum uptake by the animal.
- Feeds that remain unused and have been lying around for longer than eight days lose quality, freshness, scents and cannot guarantee the same quality.
- In any case, every comment made over eight days after ingestion of the feed by the horse is overdue and no longer admissible nor has it any basis for recompense of the feed or payment of any damages whatsoever.
- In case of justified and timely complaints, HorSeMolen b.v. reserves the right to retrieve deficient feed and to provide a new supply of the same product without paying any compensation.
- The value of the goods shall be determined on the sales invoice without B.T.W. (VAT), any shipping fees, and other rights. All supplies in bulk will be done at the company of the customer through HorSeMolen b.v. or its conveyor.
- All invoices of HorSeMolen b.v. are exclusively payable within 14 days from the invoice date and in default of payment, by operation of law, and without any notice of default being required, an interest is to be offset by 1% on a monthly basis and compensation for legal costs and efforts of 10 % with a minimum of € 149, – per unpaid invoice. 9. All offers and agreements to which these general conditions apply, will be governed exclusively by Dutch law. All disputes -thereby including disputes regarded as such by only one of the parties- arising out of or relating to the supply or consultancy services of HorSeMolen b.v. shall, at first, be settled through mediation. The customer will ensure the proper functioning of the system, ensuring that it is in a good condition and is checked periodically ensuring it functions properly.
- Any possible damage caused when unloading the goods will remain exclusively on the customer’s charge, as it turns out that the delivery address’ faulty installation was the cause of the damage.
- All goods delivered by HorSeMolen b.v. remain its entire property until the date of payment and HorSeMolen b.v. reserves the right to repossess the goods if there is any reason to presuppose that no payment shall be made to pay the invoice.
- All partial payments by the customer will initially be charged to the outstanding interests and penalty clause, then the oldest invoices.
HorSeMolen b.v. is at all times entitled to suspend all deliveries when it becomes clear that the customer fails to pay the invoices in a timely manner.
All legal relationships are governed by Dutch law.