Applicability
These general terms and conditions of sale and delivery form part of all quotations and order confirmations from F2 Facade bv and the resulting agreements and/or orders. Acceptance of a quotation from F2 Facade bv is only possible upon acceptance of these general terms and conditions of sale and delivery.
Quotations and order confirmations
All quotations are non-binding. A quotation only becomes an order after it has been signed by the client.
Price, validity period
All quotations are valid for 90 days.
If, between the time the quotation is issued and delivery takes place, price increases in materials, import duties, or transportation costs have occurred beyond the seller’s control, F2 Facade bv is authorized to pass these on to the client.
Delivery
Specified delivery times are not to be considered deadlines unless expressly agreed otherwise in writing.
Purchase Obligation
The client is obligated to take delivery of the purchased items upon delivery. If the client refuses to take delivery or fails to provide data or information necessary for delivery, the items will be stored at the client’s expense and risk.
Complaints
The client must inspect/check the purchased items upon delivery or as soon as possible thereafter. Have the correct items been delivered?
Does the quantity correspond to the quote?
Do the delivered items meet the agreed-upon qualities?
If any defects are discovered, the buyer must report these in writing to F2 Facade BV within 7 days of delivery.
Defects not visible upon delivery must be reported within two months of delivery.
Retention of Title
The items delivered by F2 Facade BV remain the property of the buyer until the buyer has fulfilled all obligations arising from the concluded purchase agreement:
The consideration(s) relating to the items delivered or to be delivered.
The consideration relating to services performed or to be performed by F2 Facade BV under the purchase agreement.
Any claims arising from the buyer’s failure to comply with the agreement.
The buyer is permitted to resell the items delivered by F2 Facade BV in the course of their normal business operations. If the client fails to fulfill their obligations or has reasonable grounds to fear that they will not do so, F2 Facade bv is entitled to remove, or have removed, delivered goods subject to retention of title from the client or from third parties holding those goods for the client. The client is obligated to fully cooperate in this matter, under penalty of a fine of 10% of the amount owed to F2 Facade bv per day.
If third parties wish to establish or assert any rights to the goods delivered under retention of title, the client is obligated to inform F2 Facade bv as reasonably may be expected.
Warranty
Only when expressly agreed upon does F2 Facade bv guarantee that the goods it sells are free from design, material, and manufacturing defects. However, this does not include plants affected by disease or death after delivery of the edGreen system. In the event referred to in paragraph 1, the buyer is entitled to repair of the direct damage, or if repair is not possible, to delivery or shipment of a new item or parts thereof, at the discretion of F2 Facade bv.
For damage resulting from a defect in the delivered goods, a liability arrangement applies as set out in the article “Liability”.
Liability
For damage that is a direct consequence of the goods sold and delivered by F2 Facade bv, F2 Facade bv is, except in the case of intent or gross negligence, only liable for direct damage up to a maximum amount of €50,000 or the net invoice value of the invoice with which the goods were delivered.
Direct damage means:
The reasonable costs of determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions. Any reasonable costs incurred to ensure that F2 Facade bv’s defective performance complies with the agreement, insofar as these can be attributed to F2 Facade bv.
Reasonable costs incurred to prevent or limit the damage referred to in these general terms and conditions.
F2 Facade bv is never liable for indirect damage, including consequential damage, lost profits, lost savings, damage due to business stagnation, costs resulting from legal costs, interest and/or delay damages, damage resulting from inadequate cooperation and/or information from the client, and/or damage due to