General terms and conditions
All heat treatments are carried out with the utmost care, using state-of-the-arts methods and professional competence. However, we cannot give an absolute guarantee on size/shape retention or cracking, as this depends largely on the pre-treatment, material condition, machining, and design of the parts.
All offers from us, all orders to us, and all agreements concluded with us are subject to our Terms and Conditions of Delivery and Sale, filed with the registry of the District Court in Maastricht on 31 October 1983, no. 207. In so far as they do not differ from or conflict with our Terms and Conditions of Delivery and Sale, the METAALUNIVOORE Terms and Conditions, filed with the registry of the District Court in Rotterdam, also apply in the version last provided to that court.
GENERAL TERMS AND CONDITIONS OF SALE, DELIVERY, AND PAYMENT OF THE PRIVATE COMPANY WITH LIMITED LIABILITY CHROMIN MAASTRICHT B.V. A COMPANY THAT PROCESSES AND REFINES METALS IN MAASTRICHT NO. 207, FILED ON 31 OCTOBER 1983 IN MAASTRICHT.
1. Op offertes en prijzen zijn vrijblijvend en slechts rechtens voor ons verbindend zolang tussen onze offertes en de verstrekking van de opdracht de loonhardingsprijzen alsmede de arbeidslonen en sociale lasten niet gewijzigd zijn.
Any special requirements must be stated by the customer in writing at the time of placing the order.
Agreements with our representatives or other members of our staff are not binding in law without written confirmation from us.
2. In the event of any conflict between these terms and conditions and our customer’s, our General Terms and Conditions of Sale, Delivery, and Payment apply.
3. Goods delivered to us for processing must be accompanied by a packing list showing the number of pieces, the nature, and the net weight of the goods. This packing list must also contain information on:
a. the type of steel used (make of the steel and name of the steel manufacturer, reference to the standard, or analysis);
b. the hardening requirements of the steel manufacturer;
c. the hardness required in the case of tool steel.
If the information referred to in points (a) to (c) above is not provided, is unclear, or cannot be complied with by us, we will treat the goods to the best of our ability.
4. Straightening work is only carried out on a time-and-expense basis, i.e. at prices and labour costs calculated in advance.
5. We are not liable for any failure of goods in respect of hardening, stretching, cracking, degree of hardness, and surface condition. If the goods require repeated treatment through no fault of our own, this will be charged to the customer. If the required quality is not achieved by us after repeated treatment, the costs of this repeated treatment must still be paid by the customer. If the customer requires a treatment that we consider to be high-risk, we are not liable for the results of the treatment.
6. Samples of the processed goods are inspected by us before they leave our company. Further inspections may be carried out only on the basis of the customer’s express written request, subject to additional costs . Our inspection does not relieve the customer of its duty to check the goods upon receipt. If the customer does not have equipment required to inspect the goods, we will make our equipment available to the customer at the cost price.
7. Complaints will only be accepted by us if they are submitted to us by registered letter within fourteen days of receipt of the goods.
In the event of complaints about the performance, samples of the processed goods must be sent to us at the same time as the complaint is lodged. Any change to the condition of the goods subject to the complaint renders all liability on our part null and void. We are not obliged to pay compensation higher than the amount paid by the customer to process the goods for which compensation is claimed.
8. We are never liable for damage caused by the goods we have processed.
9. We will adhere to the stipulated delivery times in so far as is possible. We are not liable for damage caused by overrunning delivery times if this is caused by our suppliers or carriers and in the case of other causes and circumstances beyond our control. In the event of force majeure, we are entitled to cancel all or part of the works we have committed to, whether permanently or temporarily, and to carry out them later or extend the delivery period. Force majeure is understood to mean any unforeseen circumstance that cannot reasonably be expected to require us to perform work that we have assumed as normal. Force majeure includes but is not limited to: epidemic, fire, strike, lock-out, machine failure, government measures that affect the performance of the work, seizure, war, acts of war, and siege.
10. Each order is accepted by us under the explicit suspensory or resolutive condition that the customer can demonstrate it has a sufficient credit rating. We are entitled to require the customer to provide us with an assurance at any time that it will fulfil its obligations to us.
11. We expressly reserve the right of retention on the goods we process.
12. Goods are dispatched at the customer’s expense and risk, unless otherwise agreed in writing, even if carriage is provided by our own means of transport. If carriage is provided by our own means of transport, we will provide packaging for the goods. We are free to choose the method of packaging, unless instructed otherwise by the customer in writing. The costs of carriage and packaging are borne by the customer.
13. We are not liable for any damage caused to any customer goods we have in our custody.
14. Payment must be made without recourse to compensation and without discount within fourteen days of the invoice date. In the event of non-payment after this period, the customer automatically becomes liable towards us for interest on arrears of 10% per annum of the invoice amount, beginning thirty days after the invoice date, and any discounts promised will lapse.
15. All costs we incur in the exercise of our rights against the customer will be charged to customer. Such costs comprise at least 15% of the amount owed to us by the customer, subject to a minimum of €12.00.
16. Any disputes that may arise as a result of the business relationship between the customer and us will be settled by the competent court with jurisdiction in the place of our company’s registered office.