Terms & Conditions

Article 1. Definitions
1.1. Nooteboom: Koninklijke Nooteboom Trailers B.V. filed at the Kamer van Koophandel (Chamber of Commerce) under no. 10022796.
1.2. Customer: the natural or legal person with whom Nooteboom has concluded a contract.
1.3. By 'General Terms & Conditions' is meant: all of the terms defined below.

Article 2. Applicability / implementation
2.1. All special offers, contracts and deliveries by Nooteboom are governed by these General Terms & Conditions unless explicitly otherwise agreed in writing.
2.2. If Customer should attach terms or conditions to his order that deviate from or are not included in these conditions they will only be binding for Nooteboom if and insofar they have been expressly accepted in writing by Nooteboom.
2.3. Nooteboom reserves the right to include third parties in the implementation of their contracts.

Article 3. Quotations
3.1. All our offers are free of obligations unless explicitly stated otherwise.
3.2. If the information provided by the Customer with respect to the application or contract are incorrect, Nooteboom reserves the right to adjust the relevant price.
3.3. Special offers by Nooteboom are valid for the period stated on the website.

Article 4. Prices
4.1. All prices are inclusive of sales tax and other levies imposed by the government.
4.2. All prices on the website are with reservation of typing errors. No liability for the consequences of typing errors will be accepted.
4.3. Delivery charges are not included in the price. For deliveries
outside the Netherlands special charges apply. Additional
conditions apply for certain methods of payment concerning the delivery method and costs involved. The above will be communicated clearly to the Customer during the ordering procedure.

Article 5. Contract / delivery period
5.1. The contract is valid from the moment the order has been confirmed via email by Nooteboom to the Customer.
5.2. Upon receipt of payment by Nooteboom, the articles will be dispatched by Nooteboom as soon as possible.
5.3. Customer has the right to cancel the contract entered into with Nooteboom under the distance selling regulations within 7 working days. The costs of returning the product will be at the expense of the Customer. The cooling-off period of 7 working days does not apply to Customers acting in pursuance of their duties in a profession or company.
5.4. Products must be returned complete, undamaged, unused and in their original packaging.
5.5. In no event shall Nooteboom be liable for any damage, theft or loss, in any shape or form, of the packaging or product resulting from the order being returned.
5.6. If products are not in stock and cannot be supplied promptly (within 14 days after receipt of payment), Nooteboom will contact you.
5.7. The delivery period shall not exceed 30 days.
5.8. If the delivery period should exceed 30 days, any payments received will be refunded to the Customer as soon as possible, but at the latest within a period of 30 days. The opportunity to cancel the contract entered into with Nooteboom if the agreed delivery period is exceeded does not apply to Customers acting in pursuance of their duties in a profession or company.
5.9. As soon as the products have been delivered at the delivery address given, the risk in these products passes to the Customer.

Article 6. Reservation of title
6.1. All goods supplied remain the property of Nooteboom until the Customer has made payment in full of the agreed amount.

Article 7. Payment terms
7.1 Payment by the Customer takes place in accordance with best procedure or by means of a procedure indicated by Nooteboom elsewhere on the website, the statement in Article 7.3 remaining in full force.
7.2 In case of payment against invoice the Customer shall transfer payment within 30 (thirty) days after receipt of the invoice, unless a different payment term has been mentioned by Nooteboom.
7.3 In the event of late payment, Nooteboom reserves the right: without serving notice or notification, to charge interest at the statutory rate over the full outstanding amount from the date payment was due up to the date Nooteboom receives the outstanding amount; and after having served notice, to engage a third party to collect the debt. The Customer shall reimburse all costs incurred by Nooteboom and this third party in collecting the moneys due, including but not limited to costs of legal advice, legal costs and extrajudicial costs, the last-mentioned to a minimum amount of 15 (fifteen) percent of the sum outstanding.
Notice in respect of this matter may be served by electronic mail if the Customer has opted for electronic payment or if payment is made upon receipt of an invoice sent by electronic mail.

Article 8. Liability
8.1. Nooteboom accepts liability for damages as described in this Article.
8.2. The total liability of Nooteboom due to attributable failure to perform their obligations under this agreement shall be limited to maximum the amount of the price agreed for the contract in question. In the case of a continuing performance contract for a term exceeding six months, the maximum amount shall be the sum of the agreed price for three months. Total compensation for direct damages shall never exceed 500 Euros.
8.3. Liability of Nooteboom due to indirect damages including consequential damage, loss of profits, loss of data and damage caused by interruption of operations, is excluded.
8.4. With the exception of the cases mentioned in Article
8.2, Nooteboom will not accept any liability for damages, irrespective of the grounds on which a claim for damages may be based. The in Article 8.2 stated maximum compensation become null and void if and insofar the damage results from intent or gross negligence on the part of Nooteboom.
8.5. The liability van Nooteboom due to attributable failure to perform their obligations under a contract shall only arise if the Customer gives Nooteboom a written, suitable notice of default, without delay, proposing a reasonable term to rectify the failure, and Nooteboom continues to fail in the performance of their obligations after this term has expired. The notice of default must contain a detailed description of the failure, in order to enable Nooteboom to react appropriately.
8.6. A claim to compensation will in any event only arise on condition that the Customer notifies Nooteboom, in writing as soon as possible (within 30 days) after the damage occurred.
8.7. Customer indemnifies Nooteboom against all third party claims for compensation.

Article 9. Force majeure
9.1. In case of force majeure, at any rate in cases such as civil commotion, mobilization, war, break-down of transport, strikes, lock-out, operational failures, blocking of the supplies, fire, floods, bans on import/export and if Nooteboom's suppliers put Nooteboom in the position of being unable to deliver, for whichever reason, and consequently Nooteboom cannot within reason be expected to fulfil their obligations, the performance of the contract may be suspended or the contract may be cancelled without any liability for damages.

Article 10. Warranty
10.1 The clauses in Article 12 (Complaints) remaining in full force and unless otherwise stated in the quotation, the products that are sold and delivered with a manufacturers and/or distributors or wholesalers warranty are covered by the warranty of these suppliers only. Consumer-Customers are entitled to the rights as laid down in Book 7, title 1, departments 1 - 7 Civil Code.
10.2. For all matters not covered by a specific warranty as stated in clause 1, the Customer may contact Nooteboom and report a complaint as per Article 12 (Complaints).

Article 11. Privacy
11.1. Nooteboom shall only use the personal details of the Customer in accordance with their Privacy Statement which is posted on this website.
11.2. Nooteboom shall use the data in compliance with the Data Protection Act.

Article 12. Complaints
12.1. If the delivered product is not consistent with the terms of the contract, the Customer shall notify Nooteboom within a period of two months after discovery of the inconsistency. Failing to do so will result in Nooteboom not accepting any claim whatsoever.
12.2. If Nooteboom deems the complaint to be valid, the relevant products will be repaired, replaced or compensated after consultation with the Customer.
12.3. The maximum compensation is equal to the amount the Customer has paid for the product.
12.4. Complaints do give the Customer the right to suspend their obligations.

Article 13. General
13.1. The contract is subject to Dutch law.
13.2. Changes in management or legal form shall not affect the contract.
13.3. Insofar not otherwise laid down in the stipulations of imperative law, all disputes arising in respect of the contract shall be resolved before the competent Dutch court.
13.4. Partial invalidity:
If any provision of this contact and/or General Terms & Conditions proves to be invalid, the validity of this contract/ General Terms & Conditions in its entirety shall be unaffected. Parties shall draw up (a) new provision(s), which will be in essence as close as possible to the original contract /General Terms & Conditions.

Contact details
If after having read our General Terms & Conditions you have any queries, complaints or remarks about these General Terms & Conditions, please don't hesitate to write to us or to contact us by e-mail.

Address:
Koninklijke Nooteboom Trailers B.V.
Nieuweweg 190, 6603 BV Wijchen The Netherlands

PO Box 155, 6600 AD Wijchen The Netherlands

Tel. +31 24 6488864
Fax +31 24 6488811

E-mail: info@nooteboom.com