GENERAL TERMS AND CONDITIONS OF DELIVERY
In all cases in which we act as a supplier or client, our General Terms and Conditions of Delivery apply to all our quotations, to all assignments to us and to all agreements concluded with us. In addition to our General Terms and Conditions of Delivery, the Metaalunie Terms and Conditions also apply. The Metaalunie Terms and Conditions have been filed with the registry of the Rotterdam District Court. In the event of a conflict between our General Terms and Conditions of Delivery and the Metaalunie Terms and Conditions, our General Terms and Conditions shall apply.
Article 1: Special requirements
Any special requirements of the client must be stated in writing when ordering and are only binding if they have been confirmed in writing by us. Verbal agreements or agreements with our employees (who are not authorised to represent them) are only binding if they have been confirmed by us in writing.
Article 2: Information
Items that are delivered to us for processing must be accompanied by a packing list showing the number of items, the nature and the net weight of the items. This packing list must also contain information about:
a) the steel grade used (brand of the steel and the name of the steel manufacturer, standard designation or analysis);
b) the hardening instructions of the steel manufacturer;
c) in the case of tool steels, the hardness is required.
If the information referred to in a) to c) above is not stated or is not clearly stated, we will be able to carry out the treatment at our own discretion and to the best of our ability.
Article 3: Straightening work
Directing work is only carried out on a directing basis. The price is therefore calculated afterwards on the basis of actual materials and hours spent.
Article 4: Obligation to perform to the best of one's ability
1. All treatments are carried out with the greatest care, with the most modern resources and expertise. However, we cannot give an absolute guarantee on dimensional and dimensional stability or cracking, as this largely depends on the pre-treatment, the material condition, processing and design of the parts.
2. If a treatment does not give the desired result and a repeated treatment of the cases is necessary, the client must also pay the costs for this repeated treatment.
3. If it turns out that the desired result is not achievable even after the repeated treatment, the client must also pay the costs of this repeated treatment.
4. If the client requires a treatment in which, in our opinion, there is a high risk of failure of the goods to be treated, we will carry out this treatment, but we will not be liable for any damage, in whatever form, that is the result of this.
Article 5: Liability
1. We are not liable for failure of goods if the cause lies in properties that are present in the delivered goods and of which it cannot be checked in advance whether this is the case. This includes hardening, pulling, cracking, degree of hardness and surface conditions.
2. We are not liable for damage caused by the goods processed by us.
Article 6: Control
1. The parts handled are randomly checked by us before leaving our company. We only carry out a more extensive check if this has been agreed in writing with the client. The additional costs that this entails will be borne by the client.
2. Our audit does not relieve the client of his duty to check the goods himself upon receipt. If the client does not have the right equipment to check things, we will provide our control equipment on request. The client must pay us a fee for the use of the equipment.
Article 7: Complaints
In the event of complaints about the treatment, samples of the processed items must be sent to us at the same time as the complaint is submitted.
Article 8: Creditworthiness
If, after concluding the agreement, it appears that, in our opinion, the client's creditworthiness is insufficient, we have the authority to cancel the agreement without being obliged to pay any compensation.
Article 9: Packaging
If we take care of the transport of the goods to the client, we take care of the packaging of the goods. In that case, we are free to choose the method of packaging unless the client has given written instructions for the method of packaging. The costs of transport and packaging are borne by the client.