Terms and conditions

The terms and conditions of discom.eu

Article 1. Applicability of General Terms and Conditions.

These terms and conditions apply to every offer, quotation and agreement between Discom B.V. and the client, to which Discom B.V. has declared these terms and conditions applicable, insofar as these terms and conditions have not been expressly and in writing deviated from by the parties. The applicability of any purchasing or other terms and conditions of the client is expressly rejected.

Article 2. Offers; formation of agreement

1. All our offers or quotations appearing in our price lists, circulars, etc., are without obligation, unless expressly stated otherwise in writing.
2. Additional and deviating provisions in the order compared to our offer or quotation shall only be binding on us at all times if and insofar as these provisions have been expressly accepted by us in writing.

Article 3. Prices

1. Unless expressly agreed otherwise, we are entitled to charge the price applicable on the day of delivery of the goods.
2. Our prices apply, unless otherwise agreed in writing, ex works, therefore excluding, for example, transport and/or shipping, packaging, insurance and any duties or taxes imposed by the government or other levies. We are entitled to pass on price increases resulting from changes in the prices of materials, aids, parts, raw materials, wages, salaries, social charges and government charges. The client is entitled, if a price increase is applied by us, to cancel the concluded purchase agreement, insofar as it has not yet been performed by us, provided that he notifies us in writing of his decision within ten days after receipt of the written notification of the price increase.
3. With regard to repair orders, we can never provide a binding quotation in advance; any prices mentioned can at all times only be regarded as indicative prices. We are entitled to charge the repair work carried out to the client on a post-calculation basis.
4. Packaging costs charged separately will be fully credited by us upon carriage paid return receipt of the packaging in good condition.

Article 4. Documents; advice

        All images, samples, drawings or other documentation provided for the benefit of an order or offer remain our property and must be returned to us upon first request. The client guarantees that the above-mentioned documents and information provided by us will not be copied or imitated, nor made available for inspection or handed over to third parties; all this except with our express written permission. Products imported by us may likewise not be exhibited at exhibitions without our written permission.

Article 5. Delivery time

        The delivery times stated by us are not strict deadlines and are always without obligation. The mere expiry thereof does not constitute default. We will make every effort to observe the stated delivery times as accurately as possible. Except in cases of intent or gross negligence, exceeding the delivery time does not entitle the client to claim compensation, to refuse the product or to wholly or partially terminate the agreement.

Article 6. Delivery; risk

1. After the relevant products have left our premises or when we have informed the client in writing that the products are ready for shipment, they shall be deemed delivered. The place of delivery is our premises, even if carriage paid shipment and/or transport has been agreed by us.
2. The risk passes to the client at the time of delivery, as described above. If the client does not enable us to have the products taken delivery of in time or properly, he shall be in default without notice of default. In such a case, we are entitled to store the products at the client's expense and risk. The client remains liable for the purchase price increased by the interest and costs as determined in Article 8.
3. Unless otherwise agreed in writing with the client, shipment and/or transport of the products, if arranged by us, shall be at the client's expense and risk and the products shall not be insured by us against transport risk.

Article 7 Retention of title

1. We retain ownership of the products delivered by us until full payment has been made of all products delivered or still to be delivered by us to the client under the agreement, or of work performed or still to be performed by us for the benefit of the client under that agreement, including payment of any claim we may have against the client due to failure to comply with the payment obligation arising from that agreement.
2. The client shall immediately enable us to repossess the delivered products, without further notice of default or judicial intervention, or shall, at our request, be obliged to return the products to us immediately carriage paid upon first written request to that effect.

3.             If third parties attach the goods delivered under retention of title, or any rights thereto

Article 8. Payment

1. Unless otherwise agreed in writing, payment of the purchase price and/or the agreed price in respect of the work to be performed and/or performed by us shall be due, at our option, either in cash upon delivery or within thirty days net after the invoice date. All payments shall be made without any deduction or set-off, even if the client believes it can assert any claims against us in any form whatsoever.
2. We are entitled, if at any time there is well-founded doubt about the client's creditworthiness, before performing (further), to require that full or partial prepayment of the purchase price be made or that the client provide proper security.
3. By the mere expiry of any payment term, the client shall be in default and shall, without any notice of default being required, owe interest on all outstanding amounts from that moment based on the statutory interest rate then applicable, increased by a surcharge of 2%. We are also entitled, after the expiry of a further payment term set in writing, to charge the client all extrajudicial and judicial costs.
4. If a cash-on-delivery shipment sent by us is refused, the client is obliged to reimburse us for all costs resulting therefrom.

Article 9. Cancellation; return shipment

        Cancellation of the order placed with us is only permitted after our prior written approval. All return shipments to be made by the client on the basis of this approval must be sent to us carriage paid and at the client's risk. Return shipments must at all times be accompanied by a statement of the invoice number under which they were delivered by us. In the case of return shipments of products delivered in accordance with the order, we expressly reserve the right to issue a credit for the value of the goods less 10% administration costs. Such return shipments will only be accepted by us if sent carriage paid. The client is obliged at all times to indemnify us against claims from third parties as a result of cancellation of the order.

Article 10 Inspection; complaints

1. The client is obliged to carefully inspect, or have inspected, the products immediately upon arrival at the destination. Complaints must be notified to us in writing no later than fourteen days after arrival of the products, stating the invoice and packing slip number and the reasons.
2. In the event of established defects, the client is obliged to immediately cease using the relevant products and to enable us to inspect the products concerned. Except with our written approval, products already delivered will not be taken back by us.
3. Defects that cannot reasonably be detected within the term stated above must be reported to us in writing immediately after detection, but no later than within the applicable warranty period. If a complaint is not made within the term stated in this article, the client shall lose every claim in respect of those defects.

Article 11 Warranty; liability

1. During the warranty period imposed on us by the manufacturer, we provide a warranty for material and manufacturing defects. Our warranty means that we will, at our expense, remedy the defects or—at our sole discretion—take back the delivered goods in whole or in part and replace them with a new delivery. All costs exceeding the obligation described above shall be borne by the client, including but not limited to transport costs, travel costs, etc.
2. Our warranty does not apply if the seal affixed to the products has been broken, if the client itself or third parties have made or caused to be made changes and/or repairs to delivered products, or if the client has not strictly and fully complied with all instructions given for the use of the products and other specifically applicable warranty conditions, or if the defects are the result of improper use by the client or of causes other than defects in material or manufacture.
3. Our liability is limited to compliance with the above warranty obligation. Except in cases of intent or gross negligence and except for our warranty obligations, we shall never be liable for any damage suffered by the client, including consequential damage, non-material damage, business or environmental damage, or damage resulting from liability towards third parties. The client is obliged to indemnify and hold us harmless against all costs, damages and interest that may have arisen for us as a direct result of claims by third parties against us in respect of incidents for which, pursuant to these conditions, we are not liable towards the client.
4. If and insofar as, notwithstanding the provisions of this article, we are nevertheless held liable by the competent court in any case, our liability towards the client on any grounds whatsoever shall, per event, in all cases be limited to the amount of the relevant contract sum, excluding turnover tax.

Article 12 Applicable law; competent court

1. All legal relationships to which we are a party shall be governed exclusively by Dutch law, even if an obligation is performed wholly or partly abroad or if the party involved in the legal relationship has its domicile there. The applicability of the Vienna Sales Convention is excluded.
2. The court in our place of business shall have exclusive jurisdiction to hear disputes, unless the law mandatorily prescribes otherwise. Nevertheless, we have the right to submit the dispute to the court competent according to the law.