General Conditions

GENERAL TERMS AND CONDITIONS Chromin BV Maastricht

We carry out all heat treatment operations with the greatest care and using the most modern means and professional expertise. We cannot however provide any absolute guarantees with regard to size/retention of form or cracking, as these are largely dependent on the pre-processing, the state of the material, tooling and the way that the parts concerned are shaped.

All our offers, all assignments granted to us and all agreements concluded with us are subject to our terms of delivery and sale, filed with the court registry of the District Court of Maastricht on 31 October 1983, no. 207. Insofar as these do not vary from or are in breach of our terms and conditions of delivery, the TEMRS AND CONDITIONS OF THE METAALUNIE [Royal Dutch Association for Enterprises in Metal Industry], filed with the court registry of the District Court of Rotterdam, as these read according to the text most recently filed, will also apply.

GENERAL TERMS OF SALE, DELIVERY AND PAYMENT OF THE PRIVATE COMPANY WITH LIMITED LIABILITY CHROMIN MAASTRICHT B.V., COMPANY FOR THE PROCESSING AND REFINING OF METAL IN MAASTRICHT NO.207 FILED ON 31 OCTOBER 1983 IN MAASTRICHT.

1. Offers and prices are without engagement and only binding for us by law insofar as between the time at which our offers are made and the assignment is granted, the contract heat treatment prices, the wage costs and the social insurance charges have not been adjusted.
Any special requirements of the client should be stated in writing together with the order.
Agreements with our representatives or other members of our personnel are not binding by law without our written confirmation.

2. In the event of inconsistencies between these general terms and conditions and those of our client, our general sales, delivery and payment conditions will prevail.

3. Products delivered to us for processing must be accompanied by a packing list showing the number of items delivered, the sort of products concerned and their net weight. This packing list must moreover contain data on:
a. the sort of steel used (the make of the steel and the name of the steel manufacturer, standard indications or analysis);
b. the hardening regulations of the steel manufacturer;
c. in the event of tool steels, the hardness required.
In the event that the data mentioned above in a) up to and including c) are absent or unclear or we cannot meet the requirements made in these data, the processing of the products will be carried out to the best of our ability.

4. Alignment work will only be carried out under supervision, and specifically for prices and wages subsequently charged.

5. We will not be liable for the failure of the products in relation to their hardening, stretching, cracking, degree of hardness, and the surface condition. If through no fault of our company’s the products need to be reprocessed, the costs hereby will be charged to the client. Should after such repeated processing it appear that the we are not able to achieve the quality desired, the costs of this repeated processing must still be paid by the client. In the event that the client requires processing which in our opinion entails a substantial risk, we will not be liable for the results.

6. Before they leave our company, we will inspect the processed products on a random basis. A further inspection will only be made if the client makes an explicit written request to this end, and the extra costs hereby incurred will then be at the expense of the client. Our inspection will not discharge the client from his duty to inspect the products on receipt. If the client is not in possession of the equipment to inspect the products, we will supply him with our own inspection equipment at cost price.

7. Complaints will only be accepted if submitted to us by registered post within 14 days as of the receipt of the products.
In the event of complaints about the finishing, samples of the treated products must be sent to us at the same time as the submission of the complaint. In the event of any changes made to the products complained about, all liability on our part will cease to apply. We will not be obliged to pay a sum in compensation any higher than the sum received by us from the client for the treatment of the products with regard to which compensation is claimed.

8. At no time will as be liable for loss or damage caused by the products treated by us.

9. Insofar as is possible we will observe the stipulated delivery times. We will not be liable for loss or damage as a result of the exceeding of the delivery times if the cause of the delay lies with our supplies or with the carriers and in the event of other causes and circumstances beyond our control. In the event of force majeure, we will have the right to fully or partially cancel the assignments accepted by us, either definitely or temporarily, and to carry them out at a later date, or to extend the term of delivery. Force majeure will be understood to mean unforeseen circumstances as a result of which the normal performance of the work accepted by us cannot be required. Force majeure will be understood to include epidemics, fires, strikes, lockouts, machine defects, governmental measures that influence the implementation of the work, attachment, war, acts of war and states of siege.

10. All assignments will be accepted by us subject to the explicit suspensive and/or resolutory condition that the client is sufficiently creditworthy. We will be entitled at all times to require of the client that he or she provide us with sufficient security that he will meet his obligations vis-à-vis our company.

11. We will have an explicit right of retention with regard to the products we have treated.

12. The products will be transported at the expense and risk of the customer unless agreed otherwise in writing, also in the event that they are transported by our own means of transport. If the products are transported to the client by our own means of transport, we will be responsible for the packaging of the products. We will be free to determine the manner of packaging ourselves, notwithstanding written instructions of the client to the contrary. The costs of transport and packaging will be at the expense of the customer.

13. We will not be liable for loss of or damage to products belonging to the client that are in our possession.

14. Payment must be made without claiming compensation and without any discounts 14 days as of the date of invoice. In the event of failure to pay within this term, as from thirty days as of the date of invoice, the client will owe us default interest of 10% of the amount of the invoice per year, while any discounts that had been promised will cease to apply.

15. All costs that we are impelled to incur in connection with the exercise of our rights vis-à-vis the client will be at the expense of the client. These costs will amount to 15% of the amount owed to us by the client at the minimum, and amount to a minimum sum of €12.

16. All disputes that may arise between the client and us in connection with the assignment will be settled by the competent court in the place of the registered office of our company.