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General terms and conditions for Consumers. Business client? Read the general terms and conditions for business.

GENERAL TERMS AND CONDITIONS FOR    ONLINE SHOPS 2020

General Terms and Conditions of Sale of Mulder Motoren B.V. in Ridderkerk. 

 

Article 1: Definitions

  1. The following definitions apply in these terms and conditions:
  1. The entrepreneur: the natural person, legal entity or private partnership, acting in the exercise of a profession or business, applying these online shop terms and conditions;
  2. The consumer: all natural persons who, not acting in the exercise of a profession or business, enter into an agreement with the entrepreneur as referred to under c;
  3. The agreement: the purchase agreement entered into remotely under which the entrepreneur undertakes to provide one or more moveable products and the consumer undertakes to pay a monetary price.
  4. The offer: the offer from the entrepreneur provided for the purpose of entering into an agreement as referred to under c in this article. 

 

Article 2: Applicability

  1. These terms and conditions apply to all offers made by the entrepreneur and to all agreements concluded by the entrepreneur with the consumer.
  2. In the event of conflict between the contents of the agreement entered into between the entrepreneur and the consumer and these terms and conditions, the provisions of the agreement will prevail. 

 

Article 3: The offer 

  1. The offer is without engagement. The entrepreneur is entitled to revoke its offer up to two working days after it has received the acceptance. 
  2. The images and photographs used provide, as reasonably as possible, a true representation of the products’ appearance. A product that shows minor deviations from the product’s appearance in the images and the photographs shall nevertheless comply with the agreement.  

 

Article 4: Errors in the information provided

  1. The consumer bears the risk with regard to damage due to errors in the data provided by or on behalf of the consumer. This does not affect the entrepreneur’s obligation to point out to the consumer the errors in the data that are relevant to the execution of the agreement, of which the entrepreneur is reasonably aware, if these become apparent to the entrepreneur prior to or during the execution of the agreement and the entrepreneur should be deemed an expert on the product.

 

Article 5: Delivery term and risk transfer

  1. Unless agreed otherwise, the delivery term is at most 30 days after the agreement has been entered into.
  2. The consumer bears the risk associated with the product from its delivery.
  3. When products are delivered, the risk associated with the product transfers when the consumer, or a third party designated by him or her, not being the shipper, has received the product. 

 

Article 6: Payment

  1. Payment is made into an account to be designated by the entrepreneur. 
  2. Unless otherwise agreed, payment should be made as follows:
  1. Payment in instalments: 50% of the total price on the conclusion of the agreement and 50% on delivery. 
  2. Payment afterwards: within 14 days after delivery. When several products in the same order are delivered separately, the payment term starts on the day on which the last product is delivered to the consumer.

 

Article 7: Right of withdrawal

  1. The consumer can dissolve the agreement without providing reasons during a period of 14 days (the ‘period of reflection’), unless there is no right to dissolve with regard to the product involved, as set out in paragraph three of this article. 
  2. The period of reflection starts: 
  1. on the day after the product is received by the consumer or by a representative designated beforehand by the consumer and made known to the entrepreneur.
  2. When several products in the same order are delivered separately: on the day on which the consumer has received the last product. 
  3. When a product is delivered that comprises several shipments or parts: on the day on which the last shipment or the last part is received. 
  4. When the agreement entails the regular delivery of products during a specific period: on the day on which the consumer or a third party designated by him or her, not being the shipper, has received the first product. 
  1. The consumer does not have the right to dissolve the agreement when the delivery involves the following products: 
  1. products that have been manufactured by the entrepreneur in accordance with the consumer’s specifications, that are not prefabricated and that are manufactured on the basis of an individual choice or decision of the consumer.
  2. products that are clearly intended for a specific person;
  3. products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
  4. products that after delivery have, due to their nature, been irrevocably mixed with other products;
  5. alcoholic drinks of which the price has been agreed on the conclusion of the consumer purchase, but that can only be delivered after 30 days and of which the actual value depends on market fluctuations over which the trader has no influence;
  6. audio and video recordings and computer software of which the seal has been broken after delivery;
  7. newspapers, journals or magazines, with the exception of an agreement for the regular delivery of such publications. 

 

Article 8: Exercising the right of withdrawal

  1. The consumer exercises the right of withdrawal by:
  1. completing and returning the model form provided by the entrepreneur, or 
  2. sending some other declaration to the entrepreneur from which it is clear that he or she wishes to exercise the right of withdrawal. 
  1. As soon as possible, but no later than 14 days after issuing the declaration that he or she wishes to exercise the right of withdrawal, the consumer shall return or hand over the product he or she has received to the entrepreneur or to a person authorised by the entrepreneur to take delivery of the product. 
  2. The consumer bears the direct cost of returning the product. 
  3. If the consumer exercises the right of withdrawal, all additional agreements will be dissolved by operation of law.

 

Article 9: The entrepreneur’s obligation to repay on withdrawal

  1. The entrepreneur shall repay all payments received from the consumer, including any delivery fees that have been charged by the entrepreneur for the returned product. 
  2. If the consumer has opted for a shipping method that is more expensive than the cheapest standard delivery, the entrepreneur is not required to repay the additional cost of the more expensive method. 
  3. The entrepreneur should repay the amounts owing as soon as possible, but within 14 days after receiving the declaration of withdrawal at the latest. The consumer cannot demand any repayment from the entrepreneur as long as the product has not been received by the entrepreneur or the consumer has proven that the product has been returned. This does not apply if the entrepreneur offers to collect the product.
  4. For repayment, the entrepreneur uses the same method of payment that the consumer has used, unless the consumer agrees to another method. The repayment is free of charge for the consumer. 

Article 10: The consumer’s obligations during the period of reflection

  1. During the period of reflection, the consumer shall treat the product and the packaging with due care. He or she shall only unpack or use the product as much as is needed to be able to decide whether he or she wants to keep the product. If the consumer exercises the right of withdrawal, he or she shall return the product with all the delivered accessories and, where reasonably possible, in the original condition and packaging, to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  2. The consumer is liable for the devaluation of the product if the product has been handled more than is needed to determine the nature, features and operation thereof. 

 

Article 11: Force majeure

  1. If fulfilment of an obligation under the agreement is temporarily impossible for one of the parties due to a cause that cannot be attributed to it, then this party has the right to suspend fulfilment of its obligations for that period.
  2. If fulfilment of an obligation under the agreement is permanently impossible for one of the parties due to a cause that cannot be attributed to it, then this party is entitled to dissolve the agreement against payment to the other party of the reasonable costs incurred.

 

Article 12: Retention of title

  1. After delivery, the entrepreneur remains the owner of the products that have been delivered as long as the consumer:
  • has not fulfilled his or her obligations under any agreement with the entrepreneur;
  • has not settled any claims arising from non-fulfilment of the aforementioned agreements, such as damage, penalties, interest and costs.

 

Article 13: Compliance of the product with the agreement and guarantee

  1. The entrepreneur guarantees that a product that has been delivered complies with the agreement. The entrepreneur also guarantees that a product has properties that, considering all circumstances, are necessary for normal use, as well as for a special use, insofar as this has been agreed.
  2. If a deviation from what has been agreed reveals itself within 6 months of delivery, it shall be suspected that the product did not comply with the agreement upon delivery. In that case, the entrepreneur will remedy the defect free of charge, unless the entrepreneur can demonstrate that the product did comply with the agreement at the time of the agreement. The foregoing does not affect the fact that the entrepreneur can also remain liable for any defects in the product after the aforementioned periods on the basis of the law. 
  3. The guarantee referred to in paragraph 2 shall lapse if:
  • the defects are the result of normal wear and tear;
  • the defects have been caused by an error, improper use or omission on the part of the consumer or his or her legal successor, or there is an external cause;
  • the defects are the result of lack of maintenance or maintenance carried out incorrectly;
  • the defects are the result of installation, assembly, modification or repairs carried out by the consumer or third parties.

13.4. The entrepreneur is only obliged to implement the guarantee if the consumer has fulfilled all of his or her obligations.

 

Article 14: Obligation to complain 

  1. The consumer no longer has the right to invoke a defective performance if it has not complained to the entrepreneur in writing within a reasonable period after he or she discovered or should reasonably have discovered the defect.

 

Article 15: Late payment

  1. If the consumer fails to pay on time, he or she will be deemed to be in default without any notice of default being required. 
  2. After the payment date has elapsed, the entrepreneur will send the consumer one payment reminder, in which the entrepreneur states that the consumer has the opportunity to pay within 14 days of receiving the payment reminder and what amount of collection costs the consumer will owe if (full) payment is not made within that period. The amount of the collection costs must be in accordance with the ‘Decree on reimbursement for extrajudicial collection costs’. 
  3. The entrepreneur is entitled to charge interest on the payment that has not been made on time from the expiry of the payment term until the day on which the amount due is received. This interest is the same as the statutory interest referred to in Article 6:119 of the Dutch Civil Code.

 

Article 16: Applicable law and competent court

  1. Dutch law applies.
  2. The Vienna Sales Convention (CISG) does not apply, nor does any other international regulation that may be excluded.
  3. The consumer may bring proceedings against the entrepreneur either in the courts of the Netherlands or in the courts of the place where the consumer is domiciled. The entrepreneur may bring proceedings against a consumer only in the courts of the country in which the consumer is domiciled.
GENERAL TERMS AND CONDITIONS FOR THE  MANUFACTURE AND DELIVERY OF METAL PRODUCTS 1 March 2020 

General Terms and Conditions issued by Koninklijke Metaalunie (the employers’ organisation for  small and medium-sized enterprises in the metal industry), referred to as ‘AVVLM’, filed with the Registry of the Court of Central Netherlands, Utrecht location, on  1 March 2020. 

Publication of the Koninklijke Metaalunie, PO Box 2600, 3430 GA, Nieuwegein,  the Netherlands. 

Koninklijke Metaalunie 

Article 1: Applicability 

1.1. These Terms and Conditions apply to all offers made by a Metaalunie member, to all  agreements that it enters into and to all agreements arising from this, all of which insofar  as the Metaalunie member is the supplier or the contractor. 

1.2. The Metaalunie member who applies these Terms and Conditions is referred to as the  supplier. The other party is referred to as the purchaser.  

1.3. In the event of conflicts between the agreement entered into by the supplier and the  purchaser and these Terms and Conditions, the provisions of the agreement will prevail. 

1.4. These Terms and Conditions may only be applied by Metaalunie members. 

Article 2: Offers 

2.1. All offers are without obligation. The supplier is entitled to revoke its offer up to two working days after it has received the acceptance. 

2.2. If the purchaser provides the supplier with information, the supplier may assume that it is  accurate and complete and will base its offer on this information. 

2.3. The prices stated in the offer are denominated in euros, excluding VAT and other  government levies or taxes. The prices do not include travel, accommodation, packaging,  storage and transport costs, nor do they include costs for loading and unloading and for  rendering cooperation with customs formalities. 

Article 3: Confidentiality 

3.1. All information provided to the purchaser by or on behalf of the supplier, such as offers,  designs, images, drawings and know-how, of whatever nature and in whatever form, are  confidential, and the purchaser will not use it for any purpose other than for the  implementation of the agreement. 

3.2. The purchaser will not disclose or reproduce the information referred to in paragraph 1 of  this article. 

3.3. If the purchaser infringes one of the obligations referred to in paragraphs 1 and 2 of this  article, it will owe an immediately payable penalty of € 25,000 for each infringement. This  penalty can be claimed in addition to compensation by virtue of the law. 

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3.4. The purchaser must return or destroy the information referred to in paragraph 1 of this  article immediately on request, within a period set at the discretion of the supplier. If this  provision is infringed, the purchaser will owe the supplier an immediately payable penalty  of € 1,000 per day. This penalty can be claimed in addition to compensation by virtue of  the law. 

Article 4: Advice and information provided 

4.1. The purchaser cannot derive any rights from advice and information provided by the  supplier that is not directly related to the order. 

4.2. If the purchaser provides the supplier with information, the supplier may assume that it is  accurate and complete when implementing the agreement. 

4.3. The purchaser indemnifies the supplier against any third-party claims related to the use of  advice, drawings, calculations, designs, materials, samples, models and the like provided  by or on behalf of the purchaser. The purchaser will compensate the supplier for all damage  suffered by the supplier, including all costs incurred for defence against these claims. 

Article 5: Delivery period  

5.1. Delivery periods stated are indicative. 

5.2. The delivery period only commences once an agreement has been reached on all  commercial and technical details, once all the information, including final and approved  drawings and the like, is in the possession of the supplier, the agreed payment (or  instalment) has been received, and the other conditions for the performance of the order  have been met.  

5.3. If: 

  1. there are circumstances other than those known to the supplier at the time it set the  delivery period, the delivery period may be extended by the time the supplier needs – taking into account its planning – to implement the agreement under these circumstances;  
  2. there are contract extras, the delivery period may be extended by the time the supplier  needs – taking into account its planning – to have the materials and parts delivered and  to carry out the contract extras; 
  3. the supplier suspends its obligations, the delivery period may be extended by the time the  supplier needs – taking into account its planning – to implement the agreement after the  reason for the suspension no longer applies. 

Unless the purchaser has evidence to the contrary, the duration of the extension of the  delivery period is presumed to be necessary and to be the result of a situation as referred  to above in a to c. 

5.4 The purchaser is obliged to pay all costs that the supplier incurs or damages that the  supplier suffers as a result of a delay in the delivery as stated in paragraph 3 of this article. 

5.5 Under no circumstances does exceeding the agreed delivery period give the purchaser the  right to compensation or to terminate the agreement. The purchaser indemnifies the  supplier against any third-party claims due to exceeding the delivery period.

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Article 6: Moulds, models, model plates, tools, etc. 

6.1. If in the performance of the agreement, the supplier produces moulds, models, model  plates, tools and such like, they are and remain the property of the supplier, even if these  are wholly or partly paid by the purchaser. These resources are kept by the supplier for a  period of maximum one year after the last order for the account and at the risk of the  purchaser.  

6.2. Moulds, models, model plates, tools and such like provided by the purchaser to the supplier  are kept by the supplier for a period of maximum one year after the last order for the  account and at the risk of the purchaser. If after expiry of the abovementioned period the  purchaser has not requested the return of its items and in addition has not collected these  items within one month after a written request to this end by the supplier, the supplier is  entitled to dispose of the above items as it sees fit. 

6.3. The cost of change, innovation and/or repair after wear and tear of the commissioned  moulds, models, models plates, tools and such like are for the account of the purchaser. 

Article 7: Numbers 

Deviations of plus or minus 10% of the agreed number of goods are permitted. However,  this only applies in cases where goods are not delivered per piece, but on the basis of  another unit, such as weight. The purchaser is obliged to purchase and pay (pro rata) the  quantities delivered within the margins referred to in the first sentence. 

Article 8: Delivery and risk transfer 

8.1. Delivery takes place when the supplier, at its business location, makes the good available  to the purchaser and has informed the purchaser that the good is at its disposal. From  that time onwards, the purchaser bears, among other things, the risk of the good in terms  of storage, loading, transport and unloading.  

8.2. The purchaser and the supplier may agree that the supplier will be responsible for the  transport. In that case too, the purchaser bears the risk of, inter alia, storage, loading,  transport and unloading. The purchaser can insure itself against these risks. 

8.3. If a good is exchanged and the purchaser retains the good to be exchanged pending  delivery of the new good, the risk of the good to be exchanged remains with the purchaser  until the time that it hands over the good to the supplier. If the purchaser is unable to  deliver the good to be exchanged in the condition in which it was when the agreement was  concluded, the supplier may terminate the agreement. 

Article 9: Price changes 

The supplier may pass on to the purchaser an increase in cost-determining factors that  occurs after conclusion of the agreement. The purchaser is obliged to pay the price increase  immediately on the supplier’s request.  

Article 10: Force majeure 

10.1. If the supplier fails to fulfil its obligations, this cannot be attributed to the supplier if this  failure is due to force majeure.

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10.2. Force majeure includes, inter alia, if third parties engaged by the supplier – such as  suppliers, subcontractors and transporters, or other parties that the supplier is dependent  on – do not meet their obligations or do not do so on time, or circumstances due to weather  conditions, natural disasters, terrorism, cybercrime, disruption of digital infrastructure,  fire, power failures, loss, theft or loss of tools, materials or information, roadblocks, strikes  or work interruptions and import or trade restrictions. 

10.3. The supplier is entitled to suspend fulfilment of its obligations if it is temporarily prevented  from fulfilling its obligations to the purchaser due to force majeure. Once the force majeure  circumstances no longer apply, the supplier will fulfil its obligations as soon as its planning  permits. 

10.4. If it concerns force majeure and fulfilment is or becomes permanently impossible, or the  temporary force majeure circumstances have lasted for more than six months, the supplier  is entitled to terminate the agreement with immediate effect either entirely or in part. In  those cases, the purchaser is entitled to terminate the agreement with immediate effect,  but only for that part of the obligations that the supplier has not yet fulfilled.  

10.5. The parties are not entitled to compensation for the damages suffered or to be suffered as  a result of the force majeure, suspension or termination as referred to in this article. 

Article 11: Contract extras 

11.1. Changes in the work will in any event lead to contract extras if: 

  1. it concerns changes in the design, the specifications or the contract documents; b. the information provided by the purchaser does not correspond with reality. 

11.2. Contract extras are calculated on the basis of the price-determining factors that apply at  the time the extra work is performed. The purchaser is obliged to pay the price for the  contract extras immediately on the supplier’s request. 

Article 12: Liability 

12.1. In the event of an attributable failure, the supplier is still obliged to fulfil its contractual  obligations, with due observance of Article 13. 

12.2. The supplier’s obligation to compensate damages – regardless of the grounds – is limited  to the damage against which the supplier is covered under an insurance policy taken out  by it or on its behalf. However, the scope of this obligation is never greater than the amount  paid out under this insurance in the case in question.  

12.3. If, for whatever reason, the supplier does not have the right to invoke paragraph 2 of this  article, the obligation to compensate damage is limited to a maximum of 15% of the total  agreed price (excluding VAT). If the agreement consists of parts or partial deliveries, this  obligation is limited to a maximum of 15% (excluding VAT) of the total agreed price for  that part or that partial delivery. If it concerns continuing performance contracts, the  obligation to compensate damage is limited to a maximum of 15% (excluding VAT) of the  total agreed price owed over the last twelve months prior to the loss-causing event.

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12.4. The following do not qualify for compensation: 

  1. consequential damages. Consequential damages include inter alia business interruption  losses, loss of production, loss of profit, penalties, transport costs, and travel and  subsistence expenses; 
  2. damage to property in the care, custody or control of, but not owned by the insured  party. Among other things, this damage includes damage caused by or during the  performance of the work to goods that are being worked on or to goods that are located  in the vicinity of the place where the work is being carried out;  
  3. damage caused by the intent or wilful recklessness of auxiliary staff or non-managerial  subordinates of the supplier.  

The purchaser can take out insurance for these damages if possible. 

12.5. The supplier is not obliged to compensate damage to material supplied by or on behalf of  the purchaser as a result of improper processing.  

12.6. The purchaser indemnifies the supplier against all third-party claims due to product liability  as a result of a defect in a product that has been delivered by the purchaser to a third  party and of which the products or materials supplied by the supplier are a part. The  purchaser is obliged to reimburse all the damages suffered by the supplier in this respect,  including the (full) costs of the defence. 

Article 13: Guarantee and other claims 

13.1. Unless otherwise agreed in writing, the supplier guarantees the reliability of the delivered  good for a period of six months after delivery or completion, as detailed in the following  paragraphs. 

13.2. If the parties have agreed to deviating guarantee conditions, the provisions of this article  will remain in full force, unless this is in conflict with those deviating guarantee conditions. 

13.3. If it emerges that the delivery has not been reliable, the supplier will decide within a  reasonable period whether to repair or replace the delivered good or to credit the purchaser  for a proportional part of the agreed price. If the supplier opts to repair or replace, it will  determine the way in which this is done and when. If the agreed performance (also)  included the processing of material provided by the purchaser, the purchaser must supply  new material at its own expense and risk. 

13.4. Parts or materials that are repaired or replaced by the supplier need to be sent to the  supplier by the purchaser. 

13.5. The following are for the account of the purchaser: 

  1. all transport or shipping costs; 
  2. costs for dismantling and assembly; 
  3. travel and subsistence expenses and travel time. 

13.6. The purchaser must in all cases give the supplier the opportunity to rectify any defect or  to carry out the processing again.  

13.7. The supplier is only obliged to implement the guarantee if the purchaser has fulfilled all its  obligations.

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13.8. a. The guarantee does not cover defects that are the result of: 

normal wear and tear; 

improper use; 

lack of or incorrect maintenance; 

installation, assembly, modification or repairs carried out by the purchaser or  third parties; 

faulty or unsuitable goods originating from or prescribed by the purchaser; faulty or unsuitable materials or tools used by the purchaser. 

  1. No warranty is given in respect of: 

goods delivered that were not new at the time of delivery; 

parts that are subject to a manufacturer’s guarantee. 

13.9. The provisions of paragraphs 3 to 8 of this article apply by analogy to any of the purchaser’s  claims based on breach of contract, non-conformity or any other basis whatsoever.  

Article 14: Obligation to complain  

14.1. The purchaser no longer has the right to invoke a defective performance if it has not  complained to the supplier in writing within fourteen days after it discovered or should  reasonably have discovered the defect. 

14.2. The purchaser must have filed complaints about the invoice with the supplier in writing  and within the payment term, subject to forfeiture of all rights. If the payment term is  longer than thirty days, the purchaser must have filed its complaint in writing within thirty  days of the invoice date at the latest. 

Article 15: Failure to take possession of goods 

15.1. The purchaser is obliged to take actual possession of the goods that are the subject of the  agreement at the agreed location at the end of the delivery period. 

15.2. The purchaser must cooperate fully and free of charge to enable the supplier to deliver  the goods. 

15.3. Goods not taken into possession are stored at the purchaser’s expense and risk. 

15.4. If the provisions of paragraph 1 or 2 of this article are infringed, the purchaser will owe  the supplier a penalty for each infringement of € 250 per day up to a maximum of  € 25,000, after the supplier has given notice of default. This penalty can be claimed in  addition to compensation by virtue of the law. 

Article 16: Payment  

16.1. Payment is made at the supplier’s business address or into an account to be designated  by the supplier. 

16.2. Unless otherwise agreed, payments must be made within 30 days of the invoice date. 

16.3. If the purchaser fails to fulfil its payment obligation, it is obliged to comply with a request  from the supplier for a tender of payment instead of payment of the agreed amount.

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16.4. The purchaser’s right to offset its claims against the supplier or to suspend the fulfilment  of its obligations is excluded, unless the supplier has been granted a suspension of  payments or is bankrupt, or the statutory debt adjustment scheme applies to the supplier. 

16.5. Irrespective of whether the supplier has fully executed the agreed performance, everything  that the purchaser owes or will owe it under the agreement is immediately due and payable  if: 

  1. a payment term has been exceeded; 
  2. the purchaser has filed for bankruptcy or suspension of payments; 
  3. the purchaser’s goods or claims have been attached; 
  4. the purchaser (a company) is dissolved or wound up; 
  5. the purchaser (a natural person) files an application to be admitted to the statutory  debt adjustment scheme, is placed under a guardianship order or has died. 

16.6. If payment is delayed, the purchaser will owe interest on that sum to the supplier with  effect from the day following the day agreed as the final day of payment up to and including  the day on which the purchaser settles the sum in question. If the parties have not agreed  on the final day of payment, the interest is due from 30 days after the sum has become  due and payable. The interest is 12% per year, but is equal to the statutory interest if this  is higher. For the interest calculation, a part of the month is considered to be a full month.  At the end of each year, the amount on which the interest is calculated will be increased  by the interest due for that year. 

16.7. The supplier is entitled to offset its debts to the purchaser against claims that companies  affiliated to the supplier have against the purchaser. In addition, the supplier is entitled to  offset its claims to the purchaser against debts that companies affiliated to the supplier  have against the purchaser. Furthermore, the supplier is entitled to offset its debts to the  purchaser against claims against companies affiliated to the purchaser. ‘Affiliated  companies’ means all companies belonging to the same group, within the meaning of Book  2, Article 24b of the Dutch Civil Code, and a participation within the meaning of Book 2,  Article 24c of the Dutch Civil Code. 

16.8. For late payments, the purchaser owes the supplier all extrajudicial costs with a minimum  of € 75. 

These costs are calculated on the basis of the following table, i.e., the principal sum plus  interest: 

on the first € 3,000 15% 

on the excess up to € 6,000 10% 

on the excess up to € 15,000 8% 

on the excess up to € 60,000 5% 

on the excess from € 60,000 or more 3% 

The extrajudicial costs actually incurred are due if they are higher than the calculation  given above. 

16.9. If judgment is rendered in favour of the supplier in legal proceedings, either entirely or for  the most part, the purchaser will bear all costs incurred in connection with these  proceedings.

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Article 17: Securities 

17.1. Irrespective of the agreed payment terms, the purchaser is obliged to provide sufficient  security for payment immediately on the supplier’s request and at its discretion. If the  purchaser does not comply with this provision within the set time limit, it will immediately  be in default. In that case, the supplier has the right to terminate the agreement and to  recover its damages from the purchaser. 

17.2. The supplier remains the owner of delivered goods as long as the purchaser: a. has not fulfilled its obligations under any agreement with the supplier; b. has not settled any claims arising from non-fulfilment of the aforementioned  agreements, such as damage, penalty, interest and costs. 

17.3. As long as the delivered goods are subject to retention of title, the purchaser may not  encumber or dispose of these goods other than in the course of its normal business  operations. This provision has effect under property law. 

17.4. After the supplier has invoked its retention of title, it is entitled to take repossession of the  delivered goods. The purchaser will cooperate fully with this.  

17.5. When the purchaser has fulfilled its obligations after the supplier has delivered the goods  in accordance with the agreement, the retention of title with regard to these goods is  reinstated when the purchaser fails to fulfil its obligations from an agreement concluded  later. 

17.6. The supplier has a right of pledge and a right of retention on all goods that it has or may  receive from the purchaser on any grounds whatsoever and for all claims that it has or  might have against the purchaser. 

Article 18: Intellectual property rights 

18.1. The supplier is considered to be the maker, designer or inventor of the works, models or  inventions created in the context of the agreement. The supplier therefore has the  exclusive right to apply for a patent, trademark or model. 

18.2. The supplier will not transfer any intellectual property rights to the purchaser in the  implementation of the agreement.  

18.3. If the performance to be delivered by the supplier (also) includes providing computer  software, the source code will not be handed over to the purchaser. The purchaser will  only acquire a non-exclusive, worldwide and perpetual licence for use for the computer  software solely for the purpose of the normal use and proper functioning of the good. The  purchaser is not permitted to transfer the licence or to issue a sub-licence. When the  purchaser sells the good to a third party, the licence transfers by operation of law to the  acquirer of the good.  

18.4. The supplier disclaims liability for damages that the purchaser suffers as a result of an  infringement of third-party intellectual property rights. The purchaser indemnifies the  supplier against any third-party claims related to an infringement of intellectual property  rights. 

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Article 19: Transfer of rights or obligations 

The purchaser may not transfer or pledge any rights or obligations pursuant to any article  in these General Terms and Conditions or the underlying agreement(s), unless it has the  prior written consent of the supplier. This provision has effect under property law. 

Article 20: Cancellation or termination of the agreement 

20.1 The purchaser is not entitled to cancel or terminate the agreement, unless the supplier  agrees to this. If the supplier agrees, the purchaser will owe the supplier an immediately  due and payable compensation equal to the agreed price, less the savings for the supplier  as a result of the termination. The compensation will be at least 20% of the agreed price.  

20.2 If the price depends on the actual costs to be incurred by the supplier (on a cost-plus  basis), the compensation as referred to in the first paragraph of this article is estimated  based on the sum of the costs and labour and the profit that the supplier would likely have  made in the performance of the agreement.  

Article 21: Applicable law and competent court 

21.1. Dutch law applies.  

21.2. The Vienna Sales Convention (CISG) does not apply, nor does any other international  regulation that may be excluded. 

21.3. The Dutch civil court with jurisdiction in the supplier’s place of business will hear any  disputes. The supplier may depart from this jurisdiction rule and apply the statutory  jurisdiction rules. 

These Terms and Conditions constitute a comprehensive translation of the Dutch version of the  General Terms and Conditions for the Manufacture and Delivery of Metal Products (‘AVVLM’) as  filed with the Registry of the Court of Central Netherlands, Utrecht location, on  1 March 2020. The Dutch version will prevail in the explanation and interpretation of this text. 

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About Mulder Motoren

Mulder Motoren in Ridderkerk is an official Volvo Penta dealer. We provide Volvo Penta engines, Parts and Services for Marine Leisure, Marine Commercial as wel as the Industrial market.
About Mulder Motoren.

Contact details

Boelewerf 6
2987 VD Ridderkerk
Zuid Holland, The Netherlands

+31 (0)180 82 02 04
info@muldermotoren.com