Terms and Conditions
Table of Contents
General terms and conditions
- These general terms and conditions apply to every offer made by the seller and to every distance contract concluded between the seller and the buyer.
- The general terms and conditions of delivery also apply to all agreements for repair, maintenance and installation work.
- In so far as applicable, in these terms and conditions the term machinery shall be understood to mean: appliances, delivered installations, machine accessories, parts and similar goods in the broadest sense of the word.
- When concluding an agreement, conditions to the contrary are waived so that they do not form part of the agreement. Only in writing can be deviated from terms appearing in these terms and conditions. If the seller expressly accepts in writing the application of general or special terms and conditions of the buyer, the present terms and conditions will continue to apply additionally.
- For the conclusion of the remote agreement or the agreement outside the sales area, these general terms and conditions are made available to the buyer, electronically or otherwise.
2. Offers, assembly and commissioning
- These general terms and conditions apply to every offer made by the seller and to every distance contract concluded between the seller and the buyer.
- All offers are without obligation.
- The agreement is concluded at the moment at which the buyer accepts the offer by means of a payment or by placing an order from the buyer to the seller. In the remote agreement, the seller immediately confirms receipt and acceptance of the offer by the buyer by e-mail.
- The Seller shall not be liable for errors and deviations from illustrations and statements of all technical specifications, sizes and weights.
- The sales prices do not include any costs for commissioning and/or assembly, unless this is stated in the order confirmation or invoice or otherwise agreed in writing.
3. Transfer of ownership
The transfer of ownership of the goods takes place only after full payment of the agreed price by the buyer. As long as the price has not been paid in full, the purchaser is not entitled to dispose of the goods, in particular he cannot pledge them or sell them to a third party or make them available to a third party in any form and under any title. Nor can the purchaser convert, dispose of, transfer and/or encumber the goods.
- On the basis of acceptance of the seller’s quotation, the buyer agrees that the transport of the goods will be carried out by a carrier approved by the seller.
- The method of delivery is only provided by way of information and is not binding on the seller.
- The indicated delivery times are informative. The seller is not liable for delays in transport.
- Exceeding the delivery time does not entitle the seller to cancel the order, to refuse receipt or payment of the goods or to any compensation. In the event of force majeure such as natural disasters, war, government measures, scarcity of materials, stagnation, traffic jams, strikes or lockouts, we have the choice to suspend the execution of the agreement or to cancel or nullify the agreement insofar as it has not been executed. Liability for consequential damages, in whatever form, is expressly excluded.
- The expected delivery date, transport conditions, number of offers at delivery address, what to do in case of ‘undeliverable’ or non-acceptance by the buyer of the ordered products is, according to the seller, communicated to the buyer after payment has been received. Our ‘delivery terms and conditions for parcel and pallet shipments’ apply.
- The goods are always transported at the buyer’s risk and expense.
- The transfer of risk for damage, destruction and disappearance with regard to the goods, will take place at the time of shipment and in case the buyer agrees with the shipping offer and therefore agrees to ship the goods.
- The vendor guarantees the delivered materials in accordance with the warranty provisions of the respective manufacturer/supplier. The warranty period is:
Construction: 1 year
Engine: 1 year
Frequency converter: 1 year
Bearings: 2 years
- Warranty applies in those cases where a defect has arisen due to faulty construction and/or manufacturing, provided that the delivered goods have been handled skilfully. Normal wear and tear is excluded.
- All parts that need to be replaced as a result of a defect as stated in the previous rule will be reimbursed free of charge provided that the defect is reported immediately as described under “defects”.
- All goods for a repair or warranty treatment must be sent to the Seller at no cost and risk to the Buyer.
- The warranty period is shortened when machines or goods are used in shifts.
- The Seller does not guarantee the soundness of the product if the Buyer does not or does not properly comply with the instructions or regulations given by the Seller or manufacturer as described in the operating instructions accompanying the product.
- Warranty does not apply if the machine is installed in workshops or buildings where it is draughty, damp or can freeze.
- Warranty does not apply if the buyer returns products without notice.
- On expiry of the warranty period, any obligation to indemnify, any liability and any obligation on the part of the seller towards the buyer shall end.
- Should the buyer, during the warranty period, carry out any repairs or changes without the prior consent of the seller or have them carried out by others, including, for example, dismantling the engine, removing or changing the drive wheel or other wheels or changing factory settings, or failing to meet his payment obligations, this warranty provision will immediately lapse.
- Rust is excluded from the warranty for machines made of untreated bright steel.
- The buyer does not have the right to refuse payment on the grounds that the seller has not, not yet or not fully complied with its warranty provisions. With regard to work carried out by the seller, repair or overhaul work, unless expressly agreed otherwise, only the soundness of the execution of the assigned work is guaranteed. Unless expressly agreed otherwise, the Seller shall only be obliged to fulfil the guarantee obligations described in this article within the Netherlands.
- The Seller shall never be liable for consequential damage in any form whatsoever, such as damage due to delays, business or production stagnation and breakdowns.
- When purchasing products and/or services, the buyer has the right to dissolve the agreement without giving reasons during a period of fourteen days, to be calculated from the day of receipt of the product by or on behalf of the buyer, or to be calculated from the conclusion of the agreement if it concerns a service. Revocation must be effected by completing and returning the model form that can be requested from the seller at all times.
- The buyer has the right of revocation only if the products in question are complete, undamaged and unused and can be returned in their original packaging. If the buyer has already received the product, the seller will wait until the product has been received back. The buyer has demonstrated that he has returned the product.
- If the buyer makes use of his right of withdrawal, he will return the product with its accessories and in its original condition and packaging to the seller in accordance with the seller’s instructions.
- If the buyer makes use of his right of withdrawal, all costs for sending the return shipment will be for the account of the buyer. Returns including transport of the goods shall take place at the risk of the buyer.
- The buyer does not have the right of revocation if the product has been made especially for the buyer, if the seller has already started performing the service, if the price of the goods is subject to fluctuations in the financial market over which the seller has no influence or if goods are clearly of a personal nature. If the Buyer has paid an amount, the Seller shall, in the event of revocation, refund the Buyer the full amount up to that point, excluding shipping costs, as soon as possible, but at the latest within 14 days. If the buyer returns only part of the order, only that part will be refunded.
- As soon as possible after delivery of products or execution of services, but no later than 48 hours, the buyer must investigate whether the seller has properly fulfilled the agreement. Any mistake made by the Seller with regard to the goods delivered by the Seller (such as an error in number or quantity) must be notified to the Seller within 48 hours of delivery by the Buyer at the latest.
- The buyer must notify the seller of any visible defect in the goods delivered, as well as any visible defect in the services provided, by registered letter within 48 hours after delivery of the goods or provision of the services. Failing this, the buyer may no longer invoke this defect.
- Any hidden defect must be notified by the buyer to the seller at the latest within 8 days of delivery. Failing this, the buyer may no longer invoke this defect.
- The delivery is deemed to be valid if no timely complaint is made.
- If a complaint is accepted, we may, at our discretion, either repair the goods at the seller’s expense, or replace the goods, with the transport costs being at the buyer’s expense and risk. All goods for a repair or warranty treatment must be sent to the seller at no cost to the seller and at the risk of the buyer.
- We cannot be held liable for damage to machines, buildings, goods or persons, either directly or indirectly.
- The seller will never be liable for consequential damage in any form whatsoever, such as damage due to delays, business or production stagnation and breakdowns.
- The seller will never be liable for consequential damage in any form whatsoever, such as damage due to delays, business or production stagnation and malfunctions.
- The buyer indemnifies the seller against any claim or demand from third parties.
- Any liability will be limited to the value of the purchased goods.
- With the exception of intent or deliberate recklessness, the vendor is not liable for damage incurred during the execution of work.
- Return conditions see ‘return conditions‘.
- Returns are always at the risk and expense of the buyer.
9. Miscellaneous provisions
- The seller reserves the right to cancel the orders, without compensation, when force majeure affects the normal execution of the orders. Are expressly considered as cases of force majeure: strikes, transport shortage, fire, flooding, damage to material, riots, war, epidemic, accident, either at the vendor’s premises or at those of one of its suppliers, regardless of the cause. This list is not exhaustive.
- Force majeure includes all circumstances that occur independently of the will of the seller, even if they could have been foreseen at the time of the conclusion of the agreement and that prevent the timely performance of the agreement.
- The seller reserves the right to regard the agreement as dissolved by operation of law and without prior notice of default in the event of bankruptcy, obvious inability, as well as in the event of any change in the legal situation of the buyer.
- The seller cannot be held responsible for assembling the purchase.
- Any protest against the invoice must be made in writing within eight days of the invoice date.
- In the event that a sale is cancelled in whole or in part due to a fault or shortcoming on the part of the buyer, the buyer shall owe a fixed compensation of 30% of the amount of the cancelled sale or part thereof to compensate for the costs incurred and lost profits, without prejudice to the costs incurred by the seller in repossessing the goods and restoring them to their original condition.
- In the event of a dispute, only the decision of the court shall be binding.
- If a frequency converter is accepted by the Buyer, the ‘conditions and use of frequency converter‘ shall apply to the frequency converter.
10. Dutch law
- All agreements shall be governed exclusively by Dutch law.
- All disputes between the Seller and the Buyer, including collection in the event of non-payment, shall be subject to the judgment of the competent court in the district where the Seller has its registered office, unless on the basis of mandatory rules of Dutch procedural law another Dutch court has jurisdiction.
11. Final provision
- Seller is entitled to amend these general terms and conditions. Amendments to these terms and conditions shall only be effective after they have been published in an appropriate manner. In the event of amendments to the general terms and conditions during the term of an offer, the provision that is most favourable to the buyer shall prevail.
- In the event of any discrepancy between the Dutch, English or German text of these General Terms and Conditions, the Dutch text will be binding.
Delivery terms and conditions
- Parcel and pallet shipments
Buyer uses parcel and pallet shipments from PostNL, UPS, DHL or other carriers. These carriers use specifications for the delivery of shipments and these are: the expected delivery day and time, the number of delivery moments, signing for receipt, what happens if the number of delivery moments is exceeded, return sender in case of refusal / undeliverable, and will be communicated by the buyer to the seller after payment has been received from the buyer.
- Pallet shipment
The carrier delivers your shipment up to the first threshold. This can be the front door or the first gate. If the buyer requests the carrier to continue the shipment beyond the above and if this is possible, the seller and carrier are never liable for damages or claims that may result from this.
- Return items within 14 days. Your orders are subject to a trial period of 14 days from the time the order is in your possession. Within this period you may, unless otherwise stated, view and review the article.
- Always check immediately after receipt of the article whether it is undamaged and complete delivered. If this is not the case, we kindly ask you to contact us as soon as possible, but within 24 hours at the latest, to report this. This can be done by mail.
- If you are not satisfied with the article, you can return it, unless it concerns an article where it has been indicated in advance that it does not fall under the right of return.
- You can return the article:
- Within the trial period of 14 days.
- If the article is complete and unused.
- When the article is in the original and undamaged packaging.
- The shipping costs are always for the account of the buyer, unless otherwise indicated. For a fast and proper processing of the returned article, the following is important:
- Contact the seller by e-mail within 14 days.
- Indicate that you want to return a product.
- You will then receive a return form by e-mail from the seller.
- Fill in the form as completely as possible, and put it with the article you want to return.
- Return the article itself to the following address unless otherwise indicated:
- Bring it back yourself: You can also return the product yourself to the seller within 14 days with your purchase receipt in original packaging.
- Refund of purchase price: As soon as we have processed your return, we will refund the amount paid by you to the IBAN number listed on the return form. Please note a refund period of up to 14 days after returning the return package.
Conditions & use frequency converter
These conditions are a supplement to the General Terms and Conditions of Delivery and apply to a frequency converter supplied by the buyer. The frequency converter is a loose component that cannot be seen as part of the Batko belt sander with the additional conditions described here.
- The frequency converter is supplied separately and is not a part of the Batko belt sander. Buyer must determine the correct position of the Frequency converter in the area where the belt sander will be installed before connecting the drive. Buyer only supplies the frequency converter and the required connection material is not supplied. Which connection materials are needed, such as cables, must be determined by a qualified electrician.
- If the buyer receives an installation advice from the frequency converter, this advice is not binding and the installation remains the buyer’s responsibility. The installation must be carried out by a qualified electrical installer on behalf of the buyer.
- Damage to the Batko belt sander motor, the electrical installation or other (consequential) damage caused by installation and use of the frequency converter in any way whatsoever is not covered by the warranty. The same applies to all damage and consequential loss resulting from failure to comply with these terms and conditions and/or inadequate maintenance.
- Frequency converters are sensitive to dust and metal abrasion. Metal grinding and/or dust causes internal short circuits in the electronics. To prevent this, take these measures.
- Carefully blow out the regulator regularly (preferably after each use) or vacuum it empty.
- Suction of air for cooling takes place at the lower grille. The other grilles are for the extraction of air for cooling. Position the converter in such a way that this grille does not pick up dust and/or metal grit and does not cover the grilles.
- Keep the working environment clean, dry and dust-free.
- The frequency converter is adjusted to the speed of the belt sander motor. The frequency converter is programmable. This means that the settings can be changed. If the purchaser wishes to change the setting, this can only be done after consulting the seller. All warranty expires on the drive as well as on the belt sander and we are not liable for any damage or consequential loss if the buyer changes settings on the frequency converter without consulting Seller.
- We give no warranty on the frequency converter if the above measures are not met.