General Terms and Conditions
1. Scope of application
1.1. These business conditions apply between us (Sailmon BV) and natural persons and legal entities (in the following: customer) to the subject legal transaction as well as to all future business, even if in the very case, mainly in future supplemental or consequential orders, they are not expressly referred to.
1.2. Upon agreement on a contract the most recent version of our general conditions is to be applied, to be found on our homepage (www.sailmon.com).
1.3. We exclusively conclude agreements on the basis of these business conditions.
1.4. Business conditions of customer or modifications or amendments of resp. to our general conditions require our express written consent in order to be applied.
1.5. Business conditions of customer are not accepted even if we do not expressly reject them after having been received by us.
2. Offers, conclusion of agreement
2.1. Our offers are not binding.
2.2. Representations, promises and guarantees on our behalf or agreements different from these general conditions in connection with the conclusion of the agreement will only be binding upon our written confirmation.
2.3. Information about our products and services not to be allocated to us, in catalogues, price lists, folders, advertisements on fair booths, circular letters, advertising mailings and other media (information material) are to be notified to us by customer to the extent customer bases his decision to order on them. In such case we can comment on the correctness. In case customer does not meet this incumbency such information is not binding to the extent not having been expressly declared in writing to be part of the agreement.
2.4. Cost estimates are not binding.
2.5. Cost estimates are to be paid.
3.1. Prices indicated, as a rule, are not to be understood as lump sum price.
3.2. Services ordered by customer, not being covered by the original order, are to be compensated adequately, lacking an agreement on wage pay.
3.3. Price information is to be understood plus the applicable legal value added tax ex works. Costs for emballage, transportation, handling and dispatching plus customs and insurance are to be born by customer. Only upon express agreement we are obliged to take emballage back.
3.4. Customer has to care for the proper and ecological disposal of materials used. In case we are ordered to do so customer is to pay adequate compensation to the extent agreed, lacking an agreement on wage pay.
3.5. Upon our discretion as well as upon request by customer we are entitled to adapt the contractually agreed consideration in case modifications to the extent of at least 5% concerning
a) costs for salaries by law, regulation, collective labour agreement, shop agreements or
b)other price-factors necessary to render services like cost of acquisition for materials being used, based on recommendations of the equal representation committees or modifications in national respectively world market prices for commodities, foreign exchange rates etc. have occurred since the conclusion of the agreement. The adaptation will be made to the extent that the effective manufacturing costs at the time of the conclusion of the agreement have changed, compared to those at the time of the rendering of the service, unless we are in delay.
3.6. The compensation in case of permanent contractual relationships is agreed as value guaranteed according to the consumer price index 2005 allowing the adaption of the compensation. The basis is the month in which the agreement was concluded.
3.7. Costs for travelling expenses, daily allowances and night tariffs are charged separately. Travel time is deemed to be work time.
4. Contributed items
4.1. In case customer contributes appliances or othercmaterials we are entitled to invoice 10% of the value of thecappliances resp. materials contributed as handling fee.
4.2. Such appliances or other materials contributed byccustomer are not subject to warranty.