Terms and conditions
Typographical errors and price changes reserved
Article 1: Applicability
1. These conditions apply to all products and services offered by Horti-Innovations B.V. or Horti-Innovations International B.V., hereafter also referred to as the contractor.
2. Terms and conditions of customer or client are considered invalid and are rejected explicitly.
Article 2: Services
1. All offers or quotations are without obligation.
2. If the customer provides information such as drawings, calculations and such, then the contractor can presume the accuracy of this information and base the quotation on this.
3. The stated prices in the quotation exclude taxes and transportation charges, unless declared otherwise in the quotation.
Article 3: Intellectual property rights
1. Unless agreed to otherwise and has been set in writing, Horti-Innovations B.V. maintains all copyrights, and industrial property rights of made offers, provided designs, images, drawings, calculations and prototypes.
2. The rights of the stated information in paragraph 1, article 3 remain property of Horti-Innovations B.V. regardless whether costs were made for the creation of it. This information cannot be copied, used or shown to third parties without an explicit written agreement from Horti-Innovations B.V. In case this condition is violated, the customer owes Horti-Innovations B.V. a fine of 25,000 euros. This fine may be claimed in addition to compensation damages awarded by law.
3. The customer must return the information as stated in paragraph 1, article 3, on the first request within the terms set by Horti-Innovations. By violating this provision, the customer will be fined 1,000 euros per day by Horti-Innovations. This penalty may be claimed in addition to compensation damages awarded by law.
Article 4: Advice, designs and materials
1. The customer may not derive any rights from advice and/or information provided by Horti-Innovations B.V. if this is not directly related to the order.
2. The customer is responsible for the drawings and/or calculations made by them, and for the functional suitability of the materials prescribed by them or on their behalf.
3. The customer shall indemnify the contractor against any claim made by third parties relating to the use of (or on behalf of) drawings, calculations, samples, models, etc.
4. The customer may inspect the materials that the contractor wants to use before they are processed for their own account. If the contractor suffers damage as a result, the customer is liable.
Article 5: Delivery period
1. The delivery period is determined by Horti-Innovations B.V. and is an approximation.
2. When determining the delivery period, Horti-Innovations B.V. presumes that the order can be fulfilled under the normal circumstances known at that time.
3. The delivery period begins when all the technical details are in the possession of Horti-Innovations B.V. and the payment has been received.
4. Exceeding the agreed upon delivery period does not give the right to compensation, unless otherwise agreed to in writing.
Article 6: Delivery
1. Horti-Innovations B.V. is responsible for a correct delivery. If the transport of the products caused damage, they will be replaced by Horti-Innovations.
2. The customer has to sign for a correct delivery after they received the products. Invisible damages need to be reported at Horti-Innovations B.V. within 7 workdays. The responsibility of Horti-Innovations to deliver the products correctly expires after this period.
3. When the customer decides to arrange their own transport for the products, they will be held responsible for a correct delivery. The responsibility of Horti-Innovations will be void when the products has been handed to the transport company of the customer.
Article 7: Guarantee
1. Horti-Innovations B.V./Horti-Innovations International BV guarantees a good execution of the agreed upon order for six months after delivery.
2. If it appears that the delivered construction/product (or used) is not sound, Horti-Innovations B.V. will repair/replace it (carry-in warranty). Or the replacement parts will be sent by Horti-Innovations B.V. at no charge to the customer.
3. At all times, the customer shall provide Horti-Innovations B.V. with the opportunity to correct any errors or redo the process.
4. The customer can only make an appeal to the guarantee after they have met all the requirements regarding Horti-Innovations B.V.
5. The warranty conditions do not apply to Danish Trolleys, Danish shelves, type 1 and type 2 wheels, extensions and all the above-mentioned attributes regarding variations of the Danish trolleys such as the half Danish trolley, Retail trolley and auction trolley.
6. The warranty conditions only apply to products that are sold as new. Second hand products or products that were used as a demo only include a warranty when there is a written agreement. If there is no written warranty agreement, then the customer cannot appeal to the conditions.
7. The warranty conditions become null and void with:
A. Normal wear and tear
B. Improper use
C. No or incorrectly conducted maintenance
D. Installation, assembly, adjustments or repairs performed by customer or a third party.
Article 8: Payment
1.Payment is made at the place of establishment of Horti-Innovations B.V. or to a Horti-Innovations B.V. designated account.
2. Unless otherwise agreed upon, the payment is always made 100% in advance.
3. In all cases, the payment has to be made within 30 days after invoice date.
4. Regardless of the agreed to the terms of payment, the customer is obligated at the request of Horti-Innovations B.V. to provide sufficient security for payment. If the customer fails to meet the obligation within the prescribed period, they will immediately constitute default. In that case, Horti-Innovations B.V. has the right to terminate the agreement and recover any damages from the customer.
5. The full claim for payment is due immediately when:
A. A payment deadline has been exceeded.
B. The customer has gone bankrupt or requests suspension of payments.
C. The customer's assets are seized, or claims are made on the customer.
D. The customer is dissolved or liquidated
E. The customer being placed under curatorship or deceases.
6. If a payment has not been made within the agreed upon payment period, the customer immediately owes interest to Horti-Innovations B.V. The interest amounts to 10% annually but equals the legal interest if this is higher. When calculating interest, a partial month is considered a full month.
7. If a payment has not been made within the agreed payment period, the customer owes Horti-Innovations B.V. all extrajudicial costs, with a minimum of €50.
The charges are calculated based on the following table:
15% will be charged over the first €3,000
10% will be charged over the excess up to €6,000
8% will be charged over the excess up to €15,000
5% will be charged over the excess up to €60,000
3% will be charged over the outstanding amount of €60,000 and higher.
8.If a judicial proceeding rules in favor of Horti-Innovations B.V. all incurred costs made by Horti-Innovations B.V. are for the account of the customer.