General Terms and Conditions of Import Export Trader

Art. 1: Definitions

  • Seller: Import Export Trader
  • Buyer: The individual or entity with whom Import Export Trader has concluded a purchase agreement, or to whom an offer has been made by Import Export Trader.

Art. 2: Applicability
2.1 These terms and conditions apply exclusively to all offers, agreements, and transactions between Import Export Trader and the Buyer, explicitly rejecting and overriding any purchase conditions, general terms and conditions, or other stipulations from the Buyer.
2.2 Deviations from these conditions are only binding on Import Export Trader if explicitly agreed upon and confirmed in writing by Import Export Trader. Such deviations are valid only for the specific transaction in question and do not affect the validity of remaining provisions, nor do they imply any future application. The Buyer is not entitled to derive rights from any deviations for future agreements.
2.3 These conditions apply to all agreements involving third-party participation in execution.
2.4 Import Export Trader reserves the right to amend these general terms and conditions at any time. If the Buyer’s acceptance deviates from the offer, even in minor details, Import Export Trader shall not be bound by the offer unless expressly confirmed in writing by Import Export Trader.
2.5 Import Export Trader reserves the right to assess the Buyer’s creditworthiness before finalizing any agreement.

Art. 3: Goods
3.1 Goods are sold as described in the offer. Any details regarding weight, quantity, type, composition, or quality are not legally binding and are indicative only. The Buyer assumes all risks associated with the purchase.
3.2 Goods are categorized as follows:

  • New: Brand new
  • Used:
    • A Grade: Fully tested, functional, and complete
    • B Grade: Visually intact but untested with possible cosmetic issues
    • C Grade: Untested, condition unknown, may be incomplete
      3.3 The Buyer has the option to inspect goods upon appointment.
      3.4 The goods are sold "AS-IS," and Import Export Trader makes no warranties regarding condition beyond what is explicitly stated.
      3.5 Import Export Trader is not responsible for the goods’ completeness, operational efficiency, safety, longevity, or compliance with legal requirements.
      3.6 Once goods are delivered and payment is made, they are non-returnable. Failure to collect goods within the agreed time may result in disposal by Import Export Trader at the Buyer’s expense.

Art. 4: Prices
4.1 Prices are exclusive of VAT and any government-imposed levies unless stated otherwise.
4.2 Prices are based on prevailing conditions at the time of contract conclusion. If costs increase before full execution of the contract, Import Export Trader reserves the right to raise the agreed price. Should the increase exceed 10%, the Buyer has the right to cancel the contract within 8 days of being notified of the increase.

Art. 5: Delivery Time and Delivery/Acceptance
5.1 Delivery times are estimates and are not binding unless otherwise agreed in writing.
5.2 Goods are delivered to Import Export Trader’s business address unless specified otherwise.
5.3 If the Buyer refuses to accept or collect goods, they are responsible for any costs arising, including freight and storage.
5.4 Partial deliveries are permitted, with each invoiceable delivery being treated separately.
5.5 In case of delay, Import Export Trader is not considered in default until the Buyer has issued a written notice and allowed a reasonable period to perform.
5.6 In case of delay, the Buyer may cancel the contract, but no compensation or performance rights shall arise unless Import Export Trader is grossly negligent.
5.7 Force majeure, including situations that prevent fulfillment of the contract, may allow Import Export Trader to terminate the agreement without compensation but still demand payment for fulfilled portions of the contract.

Art. 6: Modification and Cancellation
6.1 Modifications or cancellations of the contract by the Buyer require written approval from Import Export Trader. In the event of cancellation, Import Export Trader may charge 20% of the agreed amount.
6.2 The Buyer must compensate Import Export Trader for any losses incurred due to modification or cancellation, including loss of profit.

Art. 7: Retention of Ownership
7.1 Ownership of goods remains with Import Export Trader until all amounts due under the agreement are fully paid.
7.2 The Buyer assumes risk for the goods upon delivery or expiration of the delivery period, whichever occurs first.
7.3 Import Export Trader retains ownership until all obligations of the Buyer, including any arising from breach of the agreement, are fulfilled.
7.4 The Buyer is prohibited from selling, pledging, or encumbering goods until full payment is made.
7.5 If third parties seize or encumber goods still under ownership of Import Export Trader, the Buyer must immediately inform Import Export Trader and assist in reclaiming the goods.
7.6 Failure to comply allows Import Export Trader to reclaim goods, with the Buyer’s full cooperation required.

Art. 8: Payment
8.1 Payment must be made to Import Export Trader's account before delivery, or in cash on delivery, unless otherwise agreed in writing.
8.2 Complaints regarding invoices do not suspend the Buyer’s obligation to pay.
8.3 If payment is not made on time, all outstanding invoices become due immediately, without the need for a formal notice of default.
8.4 In case of late payment, the Buyer owes statutory interest, as well as any collection costs incurred by Import Export Trader.
8.5 Payments are applied first to any costs, then interest, and finally to the oldest invoices.
8.6 Import Export Trader may suspend fulfillment of its obligations until payment obligations are met.

Art. 9: Guarantee
9.1 Import Export Trader provides no guarantee for the goods delivered, and any manufacturer warranties are the Buyer’s responsibility to claim directly from the manufacturer.

Art. 10: Liability
10.1 Import Export Trader’s liability is limited to damages directly covered by its insurance. Import Export Trader is not liable for indirect damages, such as loss of profits, unless there is intent or gross negligence.
10.2 The maximum liability is limited to the invoice amount for the goods where the damage originated, with a maximum limit of €1,000, except in cases of gross negligence or intent.
10.3 Import Export Trader is not liable for damage caused by third parties involved in fulfilling the contract.

Art. 11: Indemnity
The Buyer indemnifies Import Export Trader from claims arising from third parties due to damages related to the goods delivered, except when the Buyer proves that these damages result from Import Export Trader's intentional misconduct or gross negligence.

Art. 12: Force Majeure
12.1 Force majeure includes any failure beyond Import Export Trader’s control, such as supply chain disruptions, operational failures, or government measures.
12.2 In cases of force majeure, Import Export Trader may terminate the contract without compensation to the Buyer, or adjust the terms to fulfill the contract.
12.3 If the force majeure lasts longer than a set period, the Buyer may request termination of the contract, without loss of payment for work already performed.

Art. 13: Termination, Damages, and Extinction
13.1 If the Buyer fails to fulfill obligations, Import Export Trader has the right to suspend delivery until obligations are met.
13.2 Import Export Trader may terminate the contract without judicial intervention, and claim damages, if:

  • There is permanent force majeure,
  • The Buyer fails to fulfill contractual obligations,
  • Bankruptcy, moratorium, or dissolution of the Buyer occurs,
  • There are circumstances that threaten Import Export Trader's recourse.

Art. 14: Export/Import
The Buyer must comply with all applicable export control laws and obtain necessary licenses for the import/export of the goods.

Art. 15: Applicable Law / Jurisdiction
15.1 These terms are governed by Dutch law. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
15.2 Disputes are settled by the District Court of North Brabant, unless mandatory law dictates otherwise.

These changes make the terms clearer, more protective for Import Export Trader, and more specific regarding the rights, responsibilities, and liabilities of both parties involved.

Our company details are: Import Export Trader  De Greefstraat 15 5622 GJ Eindhoven

Chamber of Commerce: 78566991 Operating number: 00003969405