Purchasing conditions

1. Unless agreed upon otherwise Van Raak Metaalrecycling B.V. purchases exclusively under the conditions as been formulated hereinafter. These purchasing conditions apply to all purchasing transactions of Van Raak Metaalrecycling B.V., not withstanding other clauses and/or conditions explicitly allowed by Van Raak Metaalrecycling B.V. The purchase agreement will only be achieved if an order is placed by Van Raak Metaalrecycling B.V. and this order has been confirmed by the vendor in writing, at which these purchasing conditions will apply abandoning any general sales conditions of the vendor.

2. The purchases of Van Raak Metaalrecycling B.V. must be confirmed in writing at all times. Oral commitments through agreements with subordinates of Van Raak Metaalrecycling B.V. do not bind Van Raak Metaalrecycling B.V. than after and as far as they have been confirmed in writing. Although it has been prohibited explicitely to employees of Van Raak Metaalrecycling B.V. to buy so called “tel quell” or to buy at sight, the vendor cannot derive any rights nor conclude any agreement from commitments that have been made such way by employees of Van Raak Metaalrecycling B.V.

3. The time of delivery as agreed upon with the vendor is binding on both parties.
It is not allowed to exceed the agreed time of delivery. In case of exceeding the time of delivery the vendor is liable for all financial consequences, directly and/or indirectly, which result from this default, without formal notice of demand being required, and without prejudice to the right of Van Raak Metaalrecycling B.V. to cancel the entire order or the part not yet delivered.
4. Hidden defects, and/or errors, and/or other deficiencies to the delivered have to be communicated to the vendor the latest within 14 days after discovery by Van Raak Metaalrecycling B.V.. The vendor is obligated to revoke the goods delivered and to replace them immediately, or to grant a relatively reasonable discount on the quantity of goods delivered or granting a discount on the price agreed upon
The vendor is liable for any damage, consistent with the shortcomings and/or the replacement of the goods, as well as for all further damage which should arise therefrom for Van Raak Metaalrecycling B.V.

5. As far as the goods sold by Van Raak Metaalrecycling B.V. are stored and transported by the vendor, all risks related to the goods to be delivered till the actual delivery to Van Raak Metaalrecycling B.V. or any other place agreed upon, lie with the vendor, unless one explicitly has agreed upon otherwise in writing. The goods must properly packed and/or be made suitable for transport, and secured in such way, that they will reach their destination in good condition during normal transport. To please Van Raak Metaalrecycling B.V. the vendor will insure himself against risks during transport that are considered to be reasonably present. When Van Raak Metaalrecycling B.V. has placed at one’s disposal containers, packing cases, crates etc. for packing and transporting purposes, or by a third party – against a (guarantee) deposit yes or no – the vendor is obliged to use the means of packaging or transport for the goods sold to Van Raak Metaalrecycling B.V. only. As long as the means of packaging and transport mentioned remain at the vendor and/or are being transported, the vendor is fully responsible. In case such means have been disappeared and/or damaged during or after the transaction, the vendor is obliged to compensate Van Raak Metaalrecycling B.V. for the damage on the basis of replacement value.
6. Unless otherwise has been agreed upon, Tilburg in the Netherlands is considered to be the place of delivery as well as place of payment.

7. At delivery factory finding in Tilburg concerning the quality and quantity of the goods purchased is determinative for the contents of the agreement. The vendor guarantees that the goods delivered are free of explosives and inflammable substances, chemical pollution, nuclear contamination and public health threatening substances in the broadest sense of the word, as well as have been stripped of undesirable adherences such as soil etc. Van Raak Metaalrecycling B.V. always has the right to refuse deliveries if one knows or suspects that the mentioned pollution is present. In such cases the vendor has to ensure at his own expense and risk that the refused goods are removed according to the applying requirements and regulations.

8. If for any reason whatsoever Van Raak Metaalrecycling B.V. is not able to receive the goods at the time as agreed upon while they are ready to be shipped, the vendor will keep and secure the goods – as far as his storage facilities allow this - and will take all reasonable measures to prevent the goods from deterioration until they have been delivered at Van Raak Metaalrecycling B.V.

9. Subject to article 8, the property of and the risk related to the goods will pass to Van Raak Metaalrecycling B.V. at delivery to the location in Tilburg. If the vendor postpones the shipment on request of Van Raak Metaalrecycling B.V. in accordance with the provisions of Article 7, the property of the goods will pass to the buyer on the date, which will be agreed upon between both parties and the vendor is obliged to store the goods as from that date separately as the recognizable property of Van Raak Metaalrecycling B.V. The goods however remain for the risk of the vendor, being the keeper of the goods, until the goods have been delivered to Van Raak Metaalrecycling B.V.

10. The purchase price includes, unless otherwise has been agreed upon, the price of the goods, the costs of packaging, the transport and the delivery charges at the location as designated by Van Raak Metaalrecycling B.V.
Van Raak Metaalrecycling B.V. is entitled to withhold final and claimable debts receivable from the debts to be paid to the vendor, taking into account the conditions stipulated.

11. The vendor guarantees, that the composition and the quality of the goods, which must be delivered according to the order confirmation, meet the appropriate requirements, laws and/or other governmental regulations in all aspects, which are effective at the time of concluding the contract.

12. Notwithstanding the aforesaid provisions, the purchase agreement will be dissolved without legal mediation and any formal notice required at the time, on which the vendor is in state of bankruptcy and requests judicial settlement, or looses the decision making authority with regard to his ability or parts of it due to seizure, wardship or otherwise. Winding-up leads to mutual debts receivable being claimable immediately.

13. The vendor will compensate Van Raak Metaalrecycling B.V. entirely for all damage to goods or persons, that might be caused to Van Raak Metaalrecycling, employees or customers arising from or due to activities, as far as they can be considered to be a default or an unlawful act by the vendor, his staff or other persons, which are involved in the execution of the order. This includes the damage which might be caused by the presence , use or (re)moving properties of the vendor, his staff or other persons, which are involved in the execution of the order by the vendor. The vendor will safeguard Van Raak Metaalrecycling B.V. against claims from third parties for compensation of damage as meant above. If a claim is demanded upon Van Raak Metaalrecycling B.V. by a third party, Van Raak Metaalrecycling B.V. will notify the vendor immediately by sending the required data.

14. Concerning all disputes, arising from or concerning offers, deliveries and/or agreements to which these conditions apply, or in case of disputes concerning these conditions itself, exclusively the authorised judge within the district where company has been established is competent. To all agreements, to which these conditions entirely or partly apply, Dutch right is applicable.

Parties are considered to have chosen domicile or in situ of the establishment of Van Raak Metaalrecycling B.V.

15. Unless one has agreed upon differently, payment takes place the latest 30 days after reception and approval of the goods.

These conditions have been deposited at the chamber of commerce in Tilburg under number 3968.