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General sales and delivery terms of Levico BV Glue, Oil & Chemicals

1. These terms and conditions apply to all agreements that Levico BV enters into with a customer and all previous offers of Levico BV. Deviations from these conditions are only binding on Levico BV if these deviations have been accepted in writing by Levico BV. Offers from Levico BV are without obligation. An agreement is concluded when a customer accepts an offer in writing on time and unchanged.
2. If one or more provisions in these general terms and conditions at any time wholly or partially become null and void or become void, then the other provisions of these general conditions remain fully applicable. User and counterparty will then enter into consultation in order to agree on new provisions to replace the null and void or nullified provisions, whereby as much as possible the purpose and intent of the original provisions will be observed.
3. Prices quoted by Levico BV are exclusive of O.B., other taxes and levies. Cost increases, insofar as these take place three months or later after the conclusion of an agreement, will be charged by Levico BV after written notification by Levico BV to the customer.
4. All quotations and offers of the User are without obligation, unless a deadline for acceptance has been set in the offer. A quotation or offer expires if the product to which the quotation or offer relates is no longer available in the meantime.
5. A composite quotation does not oblige the User to perform part of the assignment against a corresponding part of the stated price. Offers or quotations do not automatically apply to future orders.
6. Delivery takes place at the address given by the customer, after which the risk of the goods delivered is for the buyer. Delivery terms stated by Levico BV are never final deadlines.
7. If Levico BV is temporarily or permanently unable to meet its obligations due to circumstances beyond its control or risk sphere, Levico BV can suspend the performance of the agreement or dissolve the entire agreement without being obliged to pay any compensation.
8. Payment must take place within thirty days of the invoice date, in the absence of which the customer is in default without prior notice of default. If the buyer is in default, the customer owes default interest of 1.5% per month, or part thereof, as well as extrajudicial collection costs up to 15% of the amount owed.
9. All goods delivered by Levico BV remain the property of Levico BV until the invoice for these items has been paid in full.
10. On all goods delivered by Levico BV, the guarantee provided by the manufacturer of those goods is applicable. Levico BV does not provide any guarantee on the goods it delivers and Levico BV is only obliged to replace the goods delivered by it, if they do not comply with the agreement concluded with Levico BV, with items that do comply with the agreement concluded with Levico BV. If desired, Levico BV provides a sample of the items to be sold with its offer.
11. Complaints must be made known on delivery. If this is not possible on delivery due to the nature of the complaints, complaints must be communicated in writing to Levico BV no later than fourteen days after delivery, failing which any right to complaint will lapse.
12. Except for damage caused by fault or intent of Levico BV, Levico BV is not obliged to pay compensation for any damage, not even for compensation of damage resulting from the application of the goods delivered by Levico BV. The customer must always test the goods delivered by Levico BV on the materials to be used by the customer in the construction used by the customer.
13. If and insofar as Levico BV would nevertheless be obliged to pay compensation for any damage, this obligation to pay remains limited to replacement of the delivered goods, or to credit the invoice amount or payment of that amount to the insurer of Levico BV. to pay compensation in this matter.
14. Dutch law applies to all agreements concluded with Levico BV.
15. If a situation arises between the parties that is not regulated in these general terms and conditions, this situation must be assessed in the spirit of these general terms and conditions.