General Conditions of Sale and Delivery Hatland Headwear BV

These conditions have been filed at the Chamber of Commerce in Zwolle. C.o.C. Zwolle No. 05051027, VAT No. NL8145.07.451B01.

You can also download the General Terms and Conditions here as a pdf.


1. Applicability of these conditions

The conditions apply to each offer and agreement between Hatland and buyer, unless both parties explicitly and in writing, apply other conditions.

 

2. Quotations and orders

  • Offers from Hatland are without any obligation and will expire at the latest 30 days after the date of the offer.

  • Orders received by Hatland are irrevocable, unless cancelled or modified within 8 days of order date.

  • Delivery times and other mentioned terms concerning obligations from Hatland: late delivery time does not give the prospective buyer any right to damages or rescission of the contract or cancellation of the order.

  • In case of agreement of a certain price, Hatland is entitled to increase the price if Hatland can prove that between the time of sale and delivery significant price changes have taken place with regard to commodities, currencies and or wages by law, changes in collective agreements, or other unforeseen circumstances.

  • For repeat orders, quantum prices only apply to corresponding quantum sales.

  • Orders not exceeding the minimum order amount are being charged with postage costs.

 

3. Samples

  • Delivered samples remain the property of Hatland and may not be copied, reproduced, and made available to a third party or used in any other way and must be returned to Hatland.

 

4. Prices

  • Offers and order-prices are unless stated otherwise (in writing) exclusive of VAT and transport-/ postage expenses and based on a minimum quantity.

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5. Delivery

  • Delivery will be made ex-works Zwolle.

  • It is the buyer’s duty to accept purchased goods at delivery, or accept placing it at its disposal.

  • Deviations in quantity and/or quality within 5% are deemed to be accepted by the purchaser; in case of not accepting the good or in the event that the buyer fails to provide information or instructions necessary for the delivery, the goods will be stored at the expense and risk of the buyer.

  • Hatland has the right, unless agreed otherwise in writing, to deliver the goods in installments.

  • When delivering in parts, Hatland is entitled to invoice each part and/or consignment separately.

  • Defects or deficiencies with respect to the delivered goods must be reported within 8 days after receipt of the goods; in failing to do so, the purchaser is deemed to have accepted the goods unconditionally.

 

6. Delivery time

  • Hatland delivery times are always approximate and are, unless stated otherwise in writing, never dead-lines.

Delivery will not start until all required information and materials are in the possession of Hatland.

  • In case of late delivery the buyer will be informed and Hatland shall have the opportunity to meet its obligations within a reasonable time. A period of 18 working days is, by both parties, deemed to be reasonable.

 

7. Payment

  • Payment must be made within 30 days of the invoice date.

  • In case of payment within 10 days of the invoice-date, the buyer is entitled to apply a discount rate of 2% unless stated otherwise in the order form, or by invoice.

  • In case of liquidation, bankruptcy or suspension of payment of buyer the demands of Hatland shall be subjected to claim immediately.

  • Following the ten days after the date of the invoice, an interest-rate of 1% per month will be charged to the buyer.

  • If the buyer is in default or fails to fulfill any of its obligations then all judicial and extra-judicial costs in obtaining payment will be for the account of the buyer.

 

8. Retention

  • All goods delivered by Hatland remain property of Hatland until the buyer’s obligations arising from the agreement with Hatland are the properly fulfilled.

  • Hatland-delivered goods, falling under retention, may never be resold or used as means of payment.

  • Buyer must do all what may reasonably be expected from him to secure the property of Hatland (including the Insurance of the goods against fire- explosion- and water damage and theft, whereby in case of payment by the Insurance Hatland is entitled to these amounts up to the maximum of the value of the goods delivered under title of retention).

  • If third parties seize goods being under retention of Hatland or wish to establish rights to these, buyer shall inform Hatland immediately.

  • In case Hatland wants to exercise its property rights and the buyer gives Hatland (or third parties designated by Hatland) in advance unconditional and irrevocable permission to enter premises containing the property of Hatland, Hatland may take back the goods.

 

9. Liability

  • Hatland is not liable for any costs, damages and interest arising (directly or indirectly) as a result from;

a.      force majeure, as further described in these conditions;

b.      acts or omissions from buyer, its employees or other persons by or on behalf of him employed

c.      omissions from buyer regarding maintenance of the goods

d.      normal wear to the goods as a result of daily use.

e.      discolouration of the goods as a result of light

f.       any other external cause

  • Hatland is only liable to the extent of the cover of the Insurance or to a maximum of the invoiced-value for damage to the goods, provided that this damage is caused by fault of Hatland or those its agents or employees.

  • Hatland shall not be bound to compensate consequential damages of the buyer.

 

10. Other

  • Exceptional circumstances that entails a change in the factual conditions provides for Hatland force majeure which exempts seller from its obligation to deliver without the right of the buyer to obtain damages of any kind, under any circumstance.

  • In such cases Hatland is entitled to its own assessment to cancel, suspend or modify the purchase- agreement until the extraordinary circumstances have ceased to exist, by which the buyer is obliged to pay for any performance(s) if so delivered.

 

11. Disputes

All disputes between Hatland and buyer will be settled by the competent Dutch Court, district Zwolle in the Netherlands, notwithstanding the sole right of Hatland to turn to another competent court.