Terms & Conditions LandFighter B.V.

Terms & Conditions LandFighter B.V.
consumer

These Terms and Conditions are used by the private company with limited liability LandFighter BV , with registered office in Best and filed on September 14, 2012 at the Registry of the District Court of ' s- Hertogenbosch the Netherlands under number 54/2012

 

 

Definitions

Unless the context requires otherwise , the capitalized terms in this printed words have the following meanings . Words and expressions in the singular shall have the same meaning as in the plural and vice versa .

General Conditions: the general terms and conditions

Warranty: The guarantee granted by LandFighter on the Products listed in the Warranty

Warranty: applicable (in time and drove expressed mileage ) period during which the guarantee is granted

Warranty conditions: conditions LandFighter warranty gives its products, as defined in the Land Warranty Fighter BV , filed on September 24, 2012 at the Registry of the District Court of 's-Hertogenbosch under number 57/2012

Customer: any natural person who is not acting in the exercise of a profession or business , which LandFighter enters into an agreement under the applicability of these Terms and Conditions

LandFighter: The private company with limited liability LandFighter BV , registered office and to ( CL 5683 ) Best on the Randweg 2, the Netherlands www.LandFighter.com

Agreement: an agreement to which these General Conditions apply

Product: All products and services offered LandFighter now or in the future ( including, but not limited to quad (vehicles ) and buggys ) .

 

 

Article 1 - Applicability

  1. These Terms & Conditions apply to all contracts with a customer where LandFighter party .
  2. Deviations from these General Conditions are only valid if and insofar as they are confirmed in writing. LandFighter
  3. If one or more provisions of these Terms and Conditions are found to be invalid or unenforceable , the other provisions shall remain unaffected . Where appropriate LandFighter will be replaced by a valid provision which corresponds as closely as possible with the purpose and intent of the relevant void or voidable provision (s ) . Together with the Customer on the void or voidable provision ( do )

Article 2 - Establishment Agreement

1. Every offer LandFighter , in whatever form , is not binding , unless expressly stated otherwise .

2 The Agreement is concluded as soon LandFighter ordering / order from the Customer has accepted this and confirmed to the Customer.

3. When a contract by electronic means ( eg via website or telephone) is established , the client has the right to terminate the Agreement within seven working days without giving reasons , unless the Customer within seven days is going to make use of the product . For such a termination , the Customer should contact LandFighter. Touch within seven working days of receipt of the Product In the event of termination of the Agreement, the Customer must return . All goods delivered to the Customer by LandFighter undamaged and complete with all accessories in the original packaging LandFighter The direct cost of return will be borne by the Customer.

 

Article 3 - Delivery

1. Delivery of the Products to the Customer shall be effected by delivery ( actual possession provision ) to the Customer.

2. The maximum delivery of the Products is twenty ( 20 ) weeks from the date of receipt by LandFighter of the deposit referred to in Article 7.4 , or , if no payment obligation , from the conclusion of the Agreement . Exceeding the maximum delivery the Customer is entitled to terminate the Agreement and the Customer is entitled to a refund of any down payment of sums already .

3. The risk relating to the Products will be delivered at the time of delivery to the Customer .

4. It is LandFighter allowed to deliver . Sold Products in installments If the Products are delivered in parts, LandFighter entitled to invoice each part separately.

  

Article 4 - Retention of title

  1. LandFighter remains owner of the Products delivered until the purchase price has been paid in full.

2. Once the Customer in its obligations to LandFighter falls short , is LandFighter without further notice to take . Authorized and entitled the delivered back The Customer authorizes LandFighter now for then deal with the above purpose, the place (s ) - possibly also by third parties to the Customer account Products - (do) enter any premises where the Products are located .

3. As long LandFighter under the provisions of this Article, the owner of the Products the Customer is not permitted to dispose of it. The Customer furthermore not allowed to encumber them with a limited right . The products The Customer is obliged to keep the Products as a good father and to ensure that such Products clearly separated, ie as being recognizable LandFighter , are kept .

 

Article 5 - Advertising

1. The Customer is obliged delivered at the time ( off ) delivery , but in any event within as soon as possible to (do) . It belongs to the Customer to examine the quality and quantity of the delivered goods comply with what was agreed , at least meets the requirements that are common in normal ( business) transactions.

2. Colors of the actual product may vary under the influence of the production of the displayed models / samples . Possible visible shortcomings must be reported with the concurrent presentation of the guarantee certificate . Written to LandFighter within two days after delivery.

3. A non-visible ( alleged) lack the Customer within two ( 2 ) months after discovery, but to notify LandFighter in compliance with the provisions of the preceding paragraph of this article . Appearance within the Warranty After the Warranty is LandFighter entitled to charge . All costs for repair or replacement, including administration, shipping and call charges.

4. If a complaint is made under the previous paragraph , in time , the Customer remains obliged to accept and pay for the Products purchased . Customer wishes to return defect goods, he shall do so with the prior written permission of LandFighter and in the manner specified by LandFighter.

5 . LandFighter should be able to still be allowed to investigate complaints.

6. If the right of recovery on the right grounds is invoked , LandFighter will repair the Product or pay reasonable compensation not exceeding the invoice value of the delivered product , at the discretion of LandFighter.

7. In addition to the provisions of paragraph 6 of this Article may LandFighter Product delivered free replacement after returning it to its original state . Returned products are adopted only if approved in advance in writing by LandFighter . The goods must be returned at the expense and risk of the Customer.

8. The rights of the Customer in respect expire if he does try to ( do ) help yourself. Alleged defect without the express written permission of LandFighter

9. Complaints referred to in this article , do not suspend the payment obligations. Customer

 

Article 6 - Guarantee

  1. All Products supplied by the LandFighter Warranty apply .
  2. LandFighter warrants that the Products to be supplied are free from defects in assembly , material or construction.
  3. Unless agreed otherwise (allegedly) defective Products to be on presentation of the certificate of guarantee . Offered by the Customer at LandFighter The claim of the Customer to comply with the Warranty , LandFighter carries his own expense arrange for replacement or repair of the ( defective ) product .

Article 7 - Payment

  1. The Customer is the purchase price of the product is due no later than at the time of delivery of the Product . Additionally LandFighter at all times entitled to demand to bring advances into account and / or security for the payment of its debts and to suspend the fulfillment of its obligations until the Customer advances thus charged has met the required collateral or has set . If the Customer or security defaults on such advance payment LandFighter has the right to terminate the agreement. Establishment for the supply of Products For all damages resulting from this LandFighter suspension and / or termination shall be reimbursed by the Customer.
  2. If the Customer does not fulfill any payment on time , the Customer is in default without further notice . After the expiry of the agreed payment is LandFighter entitled to charge . Extrajudicial collection costs in accordance with the Decree standards extrajudicial collection charges Without prejudice to Article 4.2 of these Terms and Conditions , the Customer is liable for all by making LandFighter legal costs associated with the collection of arrears.
  3. Objections to the amount of the bill to suspend the payment obligation of the Customer.
  4. LandFighter is at all times entitled to transfer . A deposit of 50 % of the purchase price agreed between the parties for the Products to the Customer will be In the absence of timely payment of such payment by the Customer 's LandFighter entitled to suspend its obligations under the Agreement and the ( maximum ) delivery period will be extended accordingly.

Article 8 - Liability

1. Under the terms and conditions as set out in the LandFighter Warranty guarantees that its products are free from defects in assembly , material or workmanship during the Warranty Period . The Warranty Period commences on the date the Guarantee Certificate is issued and ending two ( 2 ) years after issuance of the Warranty Certificate or as soon as the product is driven 12,000 kilometers . The liability of LandFighter for the condition of the product and / or damage ( to the product ) as a result of a defect is expressly limited to the obligations under the guarantee provided by the LandFighter to the Client as specified in the applicable Warranty.

2. Notwithstanding the foregoing , any liability for damage resulting from improper use of the product ( including the non-observance of the user ) , intent or recklessness ( including the use of the product under the influence of alcohol or other drugs ) excluded.

3. LandFighter is furthermore not liable for profits, consequential or indirect damages , including but not understood is : loss, delay damages ( other than statutory interest ) , damages for loss of value , loss of enjoyment , loss of profit or loss.

 

Article 9 - Force Majeure

  1. If arise after the conclusion of an Agreement conditions or known LandFighter did not know at the conclusion of the Agreement , nor should have known , as a result of which LandFighter does not or can not timely comply due to any cause beyond the control of its obligations to the Customer LandFighter falls (including strikes, natural disasters , acts of war ) does not occur in the absence of LandFighter.

2. If delivery due to force majeure is not permanently impossible , but not yet months after the agreed delivery date can take place within a period of three ( 3 ) both parties are entitled to terminate by doing without them in writing to the other party of the contract that one party to the other party is entitled to damages .

3. If LandFighter to its obligations, partially at the commencement of the force majeure or only partially fulfill its obligations , it shall be entitled to present to invoice the part to be delivered separately quo and the Customer is obliged to pay if it were this invoice a separate agreement.

 

Article 10 - Applicable law and disputes

  1. All Contracts and these Terms and Conditions are governed by Dutch law .
  2. Any disputes between the parties relating to the implementation of the Agreement and / or the interpretation of these Terms and Conditions or the Agreement , shall be submitted to the jurisdiction of the court in ' s- Hertogenbosch, unless LandFighter chooses the thing to do before the court of the domicile of the Customer or any other competent court under the law relative.
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